Omaha Daily Bee Newspaper, November 21, 1903, Page 3

T0PS READING OF BlBl.E Daniel Prosman Secures Wr't of Man lamus from the S8a reme Oourt. NO OPINION IN THE R VI NUE LAW CASE Promise, However, that it 1 Be Prodvced in the Supreme Court This Morning. (From a Staff Correspondent.) LINCOLN, Noy. 2.—(8pecial.)~The Bible will not be read In the school of district No. 21 in Gage dounty, and nelther will the puplls mingle thelr voices in singing the 8004 old songs from the Gospel Hymn or from the Pentecostal Hymn book, as has been their wont, for the clerk of the su- preme court today mailed to the directors of the school district a copy of a peremp- tory writ of mandamus to compel the teacher to cut out all such. This & In con- formity with an opinion handed down by the court some months ago, which during the recent judiclal campaign became state history, but which the directors down in Gage county refused to respect or abide by. Bome time ago Daniel Freeman, who brought the original action, came again to the supreme court in a brief and asked for & writ of manddmus to compel the tedcher to desist. This was granted, and to make sure that It is right that it should be fol- lowed the clerk also sent to the scheol board a ‘copy Of the opinlon, the syllabus and the writ. The latter follows: Whereas, In an action pending in the su- preme court of the state of Nebraska, Wherein the state of Nebraska ex rel Daniel Freeman, was plaintiff in error, and John Bcheve, Henry. D. Odell and Matilda ' Col- lott, as membérs of the district board of sehoor disrict No. % in the county of Gage and sta Nebruska, were defendants in error, Judlmenl was duly rendered by sald “court at the September, 1902, term thereof on the §th day of October, 1902, in the words and figures following, to-wit: “This cause came on to be heard, was taken up and argued by counsel, on con- sideration whereof the court finds there is error apparent on the record in the pro- ceed|) nd judgment of the district court, therefore, considered by the court that said judgment be and the same hereby is Feversed; and. it is further ordered by court that peremptory writ of man- Gamus &b gue from this court dents and their succes- _plaintiff in error pay rred herein by It, taxed and have and recover of the de- nts In error. all of its costs herein, ed at $——, for which execution Is hereby Swarded: t sald defendunts in error their own costs, taxed at $—. jow, therefore, we command you, im- mediately upon the. recelpt of this 'wrl that you cause and require the teacher employed by “0“ to lurh the school in waid dintrict 21 in sald Gage county. Nobrun. oihoneiine the, practice and frain from engaging in exerecises con- Sisting of reading passages from the Bible to the pupils in sald school, and singing rellgious hymns in said school from the book called “Gospel Hymns'" and from the book called the “Pentecostal Hymn Book' and the nl‘!erln1 of prayer to the Diety in #aid school during school hours; and that this writ and the commands thereof be interpreted In the light of an opinion filed in sald gatme on October 10, 192, a8 stated abus of sald opinion, & certified eapy “Whorcor 1s attached hereto and made part hereaf, and a subsequent opinion l\lod by the court in sald cause on Jan fore 193, with your Qertifloate of having don ds you are hereln not under the No Revenue Law Decisl ‘Whether the revenve law will stand the Cest of the supreme court commissioners Is still unknown to'the outside world. It that the opinion would surely be handed to the clerk of the supréme court today, and would then be ready for the public. But it was not. It will come down tomorrow, however, without fail, it is stated. Judge Duffie has the opinion, and has notified the clerk of court that he will arrive in Lincoln at o'clock tomorrow morning, and that he bring with him the opinion. The de- in handing it down has only served to the interest more intense and specu- ition more rife. In u.. meantime another law enacted by late legislature has gone glimmering the district court of Lancaster county. 14 the law compelling the mayor of Lincoln to appoint a plumbing inspector. The mayor refused, and an applicant for thu pl who had been indorsed by the Labor union, brought mandamus to compel him to appoint result was that Judge Holmes held today that the law was unconstitutional, being contrary to that“section of the con- stitution which says that no bill shall con- taln more than one subject, and the same shall be clearly expressed in the title. Onll for Bank Statement. Becretary Royce of the Banking board has fssued & call for & statement of the con- dition of state and savings banks at the 9 Mn- on November 17. And in time the action of the insurance in, {hreatening to refuse to in- against burglaries in the small towns, & member of the Banking board be- will result in the putting In of alarms, and that will be all. It not drive any bank out of business, member thought, because they will able to get the fnsurance If the banks ’E inmate named Mason, whu persists ia in- sisting that he is Insané, and acting that way, though the Insanity board of that county declared him sane, and refused to s ‘I-I|hl-h¢?lll are aghe.yet Carter's N qnn, n-uu be et pricelces | his distressing com| plg : bat vt them wlfi:d ll:“llllle L- 'fi- 1o ot T Bt ol st ok head 8 AGHE Innh-ulu hun.hlha-u THE OMAHA - DAILY - BEE: SATURDAY, NOVEMBER 21, send him to the asylum. After conferring with the attorney general, it was decided that Dr. Johnson constrwet a special cell, with steel bars on the windows, In which to keep Mason. The latter's last escapade happened a few days ago, when he escaped from his room minus his clothing and went to the court house yard and there spent the night There is no way that Mason céuld get into the asylum except through the County Insane board or from the penitenifary, so he will have to re- main in the home. Who Pays the Frelght? In the near future probably the supreme court will be asked to decide how the ex- penses of the junketing party sent out by the Board of Public Lands and Bulldings to Inspect Insane asylums of other states are to be pald. Inasmuch as Attorney GCen- eral Prout was one of the party he will not hand down an opinion, but will ask the su- preme court to decide, the matter being lald befcre the court, however, not in the na- ture of a puit. During the summer, when the board took up the matter of the insane asylum to be hullt &t Norfclk, the Board of Public Lands and Bulldings sent Attorney General Prout, Architect Tyler and Dr. Kearns of Hast- ings to investignte the cottage plan in other states. Thelf expenses ranged from $108 to $120 or thereabouts and the board then began to cast around for a way to pay them. The auditor was informed of the board's dilemma and stated that he thought it unlawful for the amount to be pald out of the Incidental fund. The board thinks otherwise and to decide the ques- tion when the board gets around to it the supreme court will be asked to give an opin- fon In the matter. Cuta Omt Lithographing. The action of ths State Printing board in rejecting the proposals for the printing of & map of the state, Including the sena- torfal, congressioral and judiclal districts and the various lines of rallroads, at the request of the labor bureau, and the fur- ther fact that the labor commissioner hi filed with the board a second request wit! specifications exactly llke the first, with the exception of the Insertion of the word “lithographed”” maps, has caused some comment. By this insertion there are only bid on the work, these the State Journal company of Lincoln and the Rees Printing company of Omaha. This matter was called to the attention of the labor commissioner this morning by the representative of a firm that would like to do the job, but which could not bid on the Ilfthograph work.” When the clerk of the board. Lew Frazler, was called upon by this representative he was out of town, and the specifications could not be found. A representative of the labor bureau some- where dug up the specifications and the ob- | wvoxious word was stricken out, which leaves the work to be bid on the same as the first specifications. ourt Call. These cases will be called for hearing December 1: | Cline agalnst Stock, Hitchcock; Pettis against Green River Asphalt company, Lan- st Chicago, Bodx Is- Pacific lway company, Osborne against Missourl Pacic Railwa company, Douglas; McMahon against State, Boone; State tgatnst Culver. Boons: Hitch: cock ccunty against Padget, Hitchcock: Marks, efferson; Lavara Webst Brumbaugh l"lll‘lllar ker linll F'ollom. l ufacturing 8| Schnélder nnlnn oslu Wentz against uires, Custer; ry against Dussell, latte: Bradley & Co. against Bower, Keith; Enlvy lnlnll Lovoll. Clay; Von Dohren lf Deere ' Plow 'company, ainst B-ucy Lancaster; .{Qp herd. ter; Lincoln er; Lincoln against La er; Lincoln against Busby, ancasier: Osgood nlnlIF{fll‘erlld Lan- custer; Falksen agajnst Fulls City State bank, ‘Richardson; McConnell against Mc- Killip, Boone; Gosnell agal ‘ebster, Harlan; Zeigler agajnst Sonner, Dod two firms in the state that would be able to | IH~I—I—I—I—I—I—H—I—I—I—II—I—I o m e e e R Why do the Best Dressed Men Deal here?! The at........ for COAT, at..... . Z § TN HORN EXPIATES CRIME Former Boout and Oattle Deteotive Hanged at Oheyerne. IS BROKEN AT FALL OF TRAP Denles Guilt to Last and Says At- tempt W Made to Get Him to NECK ge; State ex rel. McComb inst ' Chicago, Burlington & Quincy Railway company, mandamus; State. ex rel. Breckenridge pgainst Floming, mandumus; State ex rel. Palmer against Fleming, mandumus; enson against Sorensoh, = Valley: State against _Scott, quo ‘warrnto; against State, Lancaster. The following case will be called for argument on motion for rehearing: Woodmen _ Accldent Hamilton, Cedar. TRACE OF ROBBERS AT HOOPER Men Belleved to Be Lyons Bank Loot- ers Take the Train at that Point. HOOPER, Neb., Nov. 2.—(Special.)—Tt is almost a certainty that the Lyons bank robbers were visitors to Hooper on Tues- day morning. It was discovered yesterday that the four robbers had taken the road south from Lyons and down to the Elkhorn river bridge, about four miles east of Hooper. Here they unhitched the team, turned them into a pasture of Mrs. Willlam Siebrasse and took the buggy into the woods. They bullt a fire to warm up and then walked to Hooper. Several farmers along the rosd saw the four men shortly after daybreak. Coming into town they went to the saloon of F. A. Tillman, where the bartender recognized one of them. After taking their drink they went over to the Cepot, where they took the Omaha enger train east. The carriage and horses were brought to Hooper this morn- ing and several empty money bags were found In it The team was covered with perspiration when found by the Siebrasse boy on Tues- day morning, who, thinking it was a nelgh- bor's team, drove them out into the road, and it is supposed they have gone home. Sheriff Bauman was here yesterday and Charity Ball at Fremont. FREMONT, Neb., Nov. 20.—(Special.)— The annual ball of the Fremont Charity club was given at Masonic hall last cven- ing and was the social event of the season. The attendance, both of ‘those on the floor apd spectators, was large. The hall was tastetully decorated, the scheme being & unique one and very successtully carried out. Bright hued Navajo blankets, Indian burnt leather draperles and other Indian decorations and palms arranged about the hall and in front of the stage took the place of the usual floral and similar designs. The ball programs, w were of a Indien design, were distributed by pages wearing the costumes of the primitive red man. Music was furnished by Hagenow's orchestra of Lincoln. The grand march was led by Mr. and Mrs. Jesse McNish of Wisner and Mr. and Mrs. John Bchur- man of this city. The ball was ont of the most successful financlally ever given by this club. Table Rock Sufiragists Gather. TABLE ROCK, Neb., Nov. 20.—(Special.) ~The Woman's Suffrage assoclation cele- brated the eighty-eighth anniversary of Menke | scout, assoclation against | 1901 the birth of Eilzabeth Cady Stanton at the residence of Mrs. Elisabeth C. Fellers. An inteiesting program was readered. That Fatal Gun Agsin. 8T. PAUL, Neb, Nov, 20.-(Special.)— Amos Donaldson, & young man of Gage Valley, accidentally shot and killed him- ‘weapon out, discharged it into kis body. i CHEYEN NE, Wyo., Nov. 20.—Tom Horn, Indlan fighter and cattle detective, went smiling today to the gallows, where he explated the murder of Willle Nickell, aged 14, who was shot and killed, July 18, at Tron Mountain. The trap dropped at 11:08, Horn's neck was broken and six- teen minutes Jater he was pronounced dead by the physicians. With almost his last words he spoke to his intimate friend, Charles Irwin, a spec- tator at the execution. Horn denled that he had confessed to the murder for which he was to dle. He made no speech on the scaffold. The condemned man was game to the laat. Ten minutes before going to the gallows he lay on his cot smoking a cigar. After leaving his cell he was per- mitted to shake hands with Charles and Frank Irwin. Earller in the day Horn had sent for his old employer, John C. Coble, manager of the Iron Mountain Cattle com- pany, and Coble was allowed to visit him i his cell After the spectators, about forty in num- ber, had been admitted to the jail and Horn had come out of the cell, the execu- tion wi delayed while Rev. George H. Rafter prayed and Charles and Frank Ir- win sang the cowboy's old railroad sons, “Keep Your Hand Upon the Throttle and Your Eye Upon the Rall,’ bringing tears to the e; f all listeners except those of Horn himself. Urges Horn to Die Game At the conclusion of the song came an interview between Horn and Irwin. “Be game,” sald Irwin. “You bet I will,' replied Horn, who then assisted Under Sheriff Proctor and his as- sistant to adjust the straps, noose anu Ulack capn Tls lasl woida weie spvhen w County Clerk Joseph Cahill, who assisted him to mount the trap door. They wer “Aln't losing your nerve, are you, Joe Soon after the trap fell the spectators passed out, each one shaking hands with Under Sheriff Proctor and congratulating bim' on the faultless execution. All had been searched for firearms before eatering and guards armed with rifies kept their eyes fixed on Horn's friends throughout the proceedings, Thousands of people were congregated In the vicinity of the jail and the militla remained on guard until the oxecution was over and the crowd had dispersed. There was no disorder. In a letter to Jokn C. Coble, Horn de- tails his movements in the Iron Mountain country at the time of the Nickell murder and makes the sensational admission that two men tried to have him kil Willle Nickell but he denied his alleged con- fession of the crime to Joseph Lafors, which led to the arrest. Governor Deaf to Appeals. Governor Chatterton was aroused before ¢ o'clock this morning by friends of Tom Horn, who n sought a reprieve for the condemned murderer. The governor listened to the arguments of Horn's friends for tweeds, 815 values, Best suit ever sold The STRATFORD OVER- Best overcoat ever sold o1 vy and overcoals to f of all proportions. opportunity to money. &% ot ot Stanton Suits—in worsteds and choice 10 OO 7.50 Significant opportunity —emphatically best val- ues ever shown-—suits Practically unlimited CORRECT DRESS FOR MEN AND BOYS. Unequalled Inducements in High Class SUITS AND OVERCOATS Here is Reason NO. 2 The Seal of Clothes Correctness. The artist’s touch in every point & detail predominutes here. For Men and Young Men. it men oo save L lstter to John C. Coble, manager of the Iro: Mountain Cattle company, by which he was [ employed for ten years, his Lusiness being to prevent rustling or thefts of cattle. “If I go, 1 want John to have this let- ! ter,” he said, The letter was devoted to saying good- bye to Coble and making a few requests as to what should be done with the personal property he should leave. Charles Irwin, the stockman who has been one of Horn's closest friends, renewed Lis efforts to aee the condemned man early today, but admission to the jall or even to the court house was denied him by the sherift, Had an Invitation from Horn. “I'll be down in time for the executiom however,” Irwin sald. “I have an invita- tion from Horn." It was reported that Irwin, failing in his effort to see Horn alone, would ask him on the gallows If he killed Willle Nickel Sheriff Smalley sald that he would not permit any of the spectators to speak to Horn while he was on the gallows. John C. Coble, who came to Cheyenne last night, was an early ealler at the jail. He did not ask to see Horn, nor did he speak to anyone of the guards who were atanding In the doorway. He soon departed. Police Captain Delaney of Denver mingled among the police, sheriffs and militia at the jail. “I expected any moment to see a riot started last night,” he said. “I can't understand the reasons for Horn's friends not attacking the jall as planned. 1 guess their lcaders decided that it would be only courting death to attack the jail.” Adjutant General Stitzer, after a confer- ence with Governor Chatterton this morn- ing, decided to place more members of the militia around the jall. This was caused by the early arrival of the crowd. Even be- fcre daylight persons came to the vieinity of the jall and took the best points of ob- servation. Every second brought additional arrivals, until the vacant 'ots in the vicinity were crowded. i Once more Charley Irwin came to the Jall, this time in answer to a hurried mes- sage. Horn had sent for Coble, saying he to Last Requent. | wanted to talk to him before he died. I can't refuse him this last request,” said Jailer Proctor, “but anyone that enters the jall will be searched and Coble must talk te Hoen in my Irwin patiently walted for the arrival of Coble. I will make John let me go in In his place,”” he sald. “He knows Tom will tell me more than any other person. I must talk to Tom Horn before he dise Remember, I do not think he Is gulity." But when Coble arrived at the jall he went on in, remaining with Horn but a moment “Goodbye, Tom.” he sald voice. “Tom, I can't stay. good bye. I'm sorry, man I know you to be. in a choked Tom, but die like the Tomn, fate's against you. You must die. Goodbye, God bless you, goodbye, Tom." “Well, John," sald Horn, “I'm glad you came. Can't he shake hands?" Horn of the keepers. Sheriff Smalley hesitated, then opened | the door of the cell for the first time since | the death watch was placed. Coble and Horn clasped hands In tne cell. “Goodbye, John,” Horn broke the spell. Coble murmured a faint “Goodbye" walked away. Story of Horn's Suppesed Crime. The nature of the crime for which Horn hanged was such as to leave little room for sympathy. Willle Nickel, the unof- pleaded scme time and then sald emphatically: ““There is no use, gentlemen, this execu- tion will take place at the time set by the law. I wil! not interfere in the case. This s final” No less than a dozen attempts were made during the afternoon of yesterday and last night to have the governor delay the exe- cution for cven a few days. He had but one answer for all and that was that the seif while husking corn. He carried a|law must take its course. Vs = ek e in the and in Ut the | Horn apparently was hope! along | Lewis' cabin, whither Horn ome Nareed "bod: that in some manner he would escape the mnnmmumn clothes and overcoat at that place, The | itors, fending son of Kels P. Nickel, was shot and killed July 18, 1901, at the Nickel home in the Iron Mountain district, not far from Laramle, The senior Nicke! was a sheep- man, offensive to the caftle barons, who are alleged to have employed Horn months | previously t drive out all. sheepmen by | inUmidation and by deliberate destruction if necessary, the salary for each murder to be #800. First, Horn murdered old man Lewis by shooting him in the back in 10.00 .. 1.50 I came to say ! and and Exclusive thomughly proper apparel. Tourist overcoats, belt back overcoats, Surtout and Padded overcoats, Stratford and Rain overcoats. Single breasted suits, double breasted suits, English walking suits, business suits and dressy suits. Fashionable $22.50, $2G.00 and $18.00 values, \'ory special. The world’s most remarkable bargains, at choice, for— V8 s SR Unprecedented large assortment Superb materials, highest class ! —all perfectly tailored by 'the Stein, suits and overcoats—better fitting | b than you can get to your special order Bloch Co., Rochester, Y. and ~—giving you an enormous choice of Sturm, Mayer & Co., Chicago. Suits and Overcoats of Distinctive Elegance. SUITS.. $30. $25, 22.50, $20 OVERCOATS $40, $35, $30, THE BEST TROUSER STORE. Paragon worsted trousers in rough and smooth effecots, . all sizes waist 29 to 50 inchcq weaves, solid $25, $20, great variety, *5.00 Lester worsted trousers, silky beauti- ful dr a wearing, Very essy, worth 85.00—-special 3 O t cid-time anted Lewls' land. Horn's next known victim was Willlam Powell, a one-armed man kiied in his hay frisndship. The cattlemen eld at Brown Park, Colo. Then the Nickel Tr y. Then came the Nickel tragedy. Horn se- | creted himself in a pile of brush near the | Nickel home to pick off Kels Nickel on | his way to a watering place, but Willle, | the l6-year-old son, was the first to come | that path and chanced to detect Horn in | Lis hiding place. Horn, fearing that if he | allowed the boy to escape to the house a | general alarm would be sounded, or at ieast the old man made so wary that Horn | could not carry out his object, shot the lad | on his horse. The boy wheeied about and, | with all his ebbing strength, urged thzi horse into a gallop for the house, but Horn | shot again and this time with Immadluely‘ | much excitement and some | suspicion of Horn, but no arrest for some | time. Finally Victor Miller, an acquaint- | ance of the Nickel boy, was charged with | the crime and went through a trial before | his nnocence was established. Lemar Nickel is About two months later the senior Nlcke‘ll was shot, one Sunday afternoon, in the thigh and left arm, but not fatally, and suspicion began to center in Horn. | After a wait so prolonged that it was com- | monly supposed the whole matter had been dropped Joe LaFors, a deputy United States marshal, pretending warm friend- ship for Horn, got him into the marshal's office one afternoon when Horn was quite drunk, and there Horn, answering dexter- ous questions, admitted his murders, sald they had been committed for catile men under the guise of ridding the country of rustlers and that he received 3600 per vic- tim, his method of identifylng his work being the placing of a small white stone under the chin of each man he murdered and facing the body to the sun that decom- position might set in as rapldly as possible. Also he sald he burned empty cartridge shells larger than the bore of his gun to defeat detection. Stenographer at the Crack, While Horn was telling these things Court Stenographer Onhauss lay on the floor” of the adjoining room with his ear | to the crack below the door and took down all that was sai¢, while Deputy Sherift Les- Buvw ¥ WL s slae 0 hear and to guard Onhaurs. The arrest was not made until some days afterward, when Sherif | Ed Smalley and Deputy Sheriff Snow | caught Horn at an unguarded moment in | ie vilice of the inter Ocean hotel at Cheyenne, At the trial a desperate effort was made to prevent the admission of the confession as testimony, on the ground that Horn was merely drunk and brag- ging, but the attempt was unsuccessful A few months ago Horn and another prisoner escaped from the Cheyenne jall, but were recaptured in a very few minutes. | At that yme Horn attempted to kill Jailer | Proctor, from whom he wrested a revolver, but the weapon had a catch trigger new to Horn and Proctor's life was saved. Tom Horn was born in Scotland county, | Missourt, November 21, 1860. He was a cele. brated army scout, Indian fighter and cat- | tle detective. He was the scout in' charge of the party that captured Geronimo and was chief of scouts under General Miles in his Porto Rico campaign. In 182 Horn participated against the cattle county, Wyoming. Horn was a self-educated man. He spoke rman, Spanish, Apache and & number of Indlan languages fluently. Last summer he wrote a 160,000-word history of his career. | This book he left to his friend, John Coble of Bosler, Wyo. in the rald rustiers of Johnson | Takes Prisoner to lowa. BEATRICE, Neb., Nov. 2.—(8pecial Tele- | gram.)—Deputy Sheriff Jones, armed with requisition papers, arrived in town today from Valley Junction, 1a., after Roy Hef- feltnger, who was arrested here several days ago on a charge of stealing a sult of CHIGAGO and Return inclusive. Rock Isiand System $14.75 VIA= Rock Island Syste Tickets on Sale November 28th to 30th eturn Limit, December Tth City Ticket Office (323 Farnam Strest, Omaha, Neb. F. P. Ratherford, D. P, A, %&NWWWWV&WWWW Harper’s Monthly, Pearson’s, Everybody’s, Py / % z P AN AIALAR AALANEIA] 1015 Farnam St officer returned home tonight with his pris- oner. BELEASE PARKER BROTHERS| Grand Isl Men T4 Character of the Men, ify to the Good GRAND ISLAND, Neb,, Nov. 20.—(Special Telegram.)—The two brothers, Parker, ar- rested by Sheriff Taylor of this county and | Deptuty Sheriff AMerbaugh of York county | near Phillips a few days ago, were released | from custody today on the recommendation | of County Attorney Horth after two men | quite well known here as reliable citizens testifled to having known the men in Wy- oing and that they were respectsd iti- | zens there. When arrested letters were found on the men speaking of thelr “get- | away” {n Wyoming and of thelr organising | & “gang’’ to go to South America, and their | \dentity was being investigated. They had | with them when arrested two heavy re- | volvers, two bowle knives and a rifle, | though they had ot taken these to the fields | with them In husking corn. They had 360 in cash and a certificate of deposit on a Broken Bow bank for §1.20. Their attor- neys explain the letters by stating that the men got out of Wyoming in the man- ner they did in order to evade some cred- | December Magazines That Are Out Woman's Home Companion. He Sells Them. Tel. L2947 VIV YV v.\fww‘mwv“mwrfi A} Argosy, Smart Set, Ainslee, C L e '.“.—.—“"" E e E s B e e e R e R R e N R e e N NN ] | | - 3 o« Ve - g : - s Opp. N. Y. Life. ILLINOIS CENTRAL RAILROAD ?\ovvmber Rlll. .’th and dtnh. Mokck s AN §23,05 November 24th only. Winter tourist tickets to Florida points and New Orleans now on sale daily, good for return until June 1, 1904, Call at City Ticket Office, Farnam St., or write, W, I BRILL, Dist, P OMAHA, NEB. 1402 Agt. H