Omaha Daily Bee Newspaper, November 26, 1903, Page 12

THUREDA VERDICT N BARHLY CASE Jufy atan Barly Heur This Morn ng Agree and Beal Up the Document. COURT'S RULINGS FAVOR THE BONDSMEN Be Held for Oannot ¥ In Depon Have Hesponsible ory Banks Which Nequired ven the Bond to State. Despite the fact th Bondsmen of form lay, who defauited, o the local courts T're agalist the | surer Hart- | is now « fifth trial | @ new law polnt was @volved yesterday which occupied the eourt and attorneys for several hours, the Gontention of-the attoineys centering. about | the question of certain Inetructions to the | Jury which the defendan had asked the | ocurt (o make., The law point about which this contention was waged is involved h“ section 3 of the depository laws of the | Mtate of Nebraska, which reads as follows: Prmm»d that no treasurer snall be liab on his tor mo in deposit In any bank st Ana by olraction or the proper authority, it said bunk hus Kive i The defendunts claim that under the above sectlon of the depository laws, which Provides for the depositing of state funds in banks giving depository bonds, tha} the official bondsmen of state ‘CRsurers are absolved from all lability for funds after the same have been deposited in such de- pository ‘banks, and that therefore they would not be llable under this section for the ftem of $M18405 on deposit In the Umaha Natlonal bank—a state depository and checked out by Bartley on January 2, W97, & few days prior to fhe close of his second or last term of office This polnt has never been ralsed before in this case. After a lengthy argument upon the point, Judge Bax decided that the | contention of the defendants is correct nod | that under section 3 of the depository laws | Bartley's bondsmen are absolved from lia- | bility on the item of $0184.05 which was | on deposit in the Omaha National bank Acting in accord with this decision, Judge | Baxter has Issued Instructions to the jury | én this point, In the following langua You are instructed that under the e dence in this case the defendants are not responaible for the transactions between Joweph 8. Bartley and the Omaha National bank, Involving the making by Bartley <o gaid bank of & check for 8201.854.05, and the payment of sald ¢ y oid DAk, and | 2 wm dlsregard et e Tnttne state’s ¥ n.o case goes to the jury upon the claim @of the state for the balance .of the short- age of Bartley as claimed, amounting to $825,667.50. 1t Is left to the jury to deter mine whether said shortage occurred du ing Bartley's fivst or second term of office, | the defendants being lable only for what- | ever shortage, outside of the Omaha Na- tonal bank item, which arose during Bart- ley's second term, During the afternoon argumerits on the | chse wera completed and the case was submittad to the jury before the court ad- Journed for the day. About 10 o'clock the Jury returned a wealed verdict, and was al- lowed to separate for the night. Judge Baxter will receive the verdict this morn- ing. Don't be guided by sham prejudices. Or- der Champagne according to your own good (BRANPEIS, OPEN UNTIL NOON TODAY, THANKSGIVING DAY This store will be closed at noon, please do your shopping before that time. (FRIDAY'S BARGAIN SALES| Special Selling Events for Friday. LACES AT 2ic and B¢ YARD llumlrml- of all kinds of f.lnm wash laces th.n have sold up to 25¢ as they last Friday, at. DRESS 1 TRIMMINGS nt 1 yard, in all widths, as ]uu;: 2¢ YD. Fancy beaded and i spati Friday, at, CHILDREN'S Heavy cotton and part wool v worth up to 35¢ each, b I'riday, at yard escent n-nnmnu.s, in all colors, some gled effects, worth up to 20c a )'urd. 2c UNDERWEAR A'l' Sc and 15¢ all small sizes, - 5¢-15¢ PEARL BUTTONS AT tic DOZ. Fancy pearl buttons, cards, Friday, a dozen ssorted sizes, on silver ll/gc CHILDREN'S WOOL MITTENS AT éc PR. Infant’s and children's black and colored mittens, all wool, Friday, a pair. 50c and 75¢ CORSETS 2c AT 15¢. I"ine sample corsets, in black, sizes, 50c and 75¢ quality, FF ot white and colors, nearly all s 15¢ FANCY HANDKERCHIEFS AT i1c. Ladies’ and children’s faney colored handkerchiefs, special for Friday. Ic CARPET SAMPLES l5c EACH Al wool ¢ arpets, 11 yard len;_,thn new and desirable patterns, Friday, at, each WATCH OUR WINDOWS. taste—then it'll be Cook's Imperial. . D ———— EXCEL THE ALPS AND RHI Seenie Attracti the Alleghentes Which Are Vast Pal Travelers abroad and In America aver that the changing follage of the Alps or along the Rhine does not compare with that of the Alleghenies. Thage famous at- tractions of scenic America along the route of the Pennsylvania Lines are vast paint- " by natire. On the ascent from the Jehnstown, risen from the flood of 189, fs ‘typleally America. In Europe it would be ruins. Beyond Johnstown the train follows the Conemaugh to scenlc splendor around the Pack Saddle; then crossing the summit of the Alleghenies at Cresson, 2,40 feet above the sea, the trav- eler looks from the brink upon the wild Allegrippus; then arotnd the far-famed Forse Bhoe Curve on the brink of another mighty chasm, through Altoona, the moun- tain workshop of the Pennsylvania Rall- road; along the banks of the Juniata, and aver the Susquehanna on the greatest stone bridge In the world to Harrisburg, Baltl- more, ' Washington, Philadelphia, New York, passing through thriving towns and & farming section famous for well tilled land. B T ——— $2.15. Lincoln and Return. Via Burlington Route. For the Illnols-Nebraska foot ball game. Tickets on sale Nov. 3; good to return Nov. 21, Train. leaves at 8:80 8. m. Returning leaves Lincoln 6:00 p. m. Tickets, 1602 Far- aam St — Auncuncements of the Theaters. ‘This affernoon and evening at the Boyd, “In O} Kentucky," the great Jacob Litt production, with its wealth of scenlc and mechanical effects, its pickaninny band, And its tremendously exciting horse race scene, will be the attraction. This plece hgs beent kept up to date by the addition of pew features each vear, and is now as fresh as when it was first presented, and % poputar, On Friday the great Bartley play, “The White Slave” will engagement. Campbell begin its The Orpheum bill this week is a bright &nd happy mixture for a holiday, It having Been especially calculated by the manage- ment for' the Thanksgiving attraction tinee ‘and night today. Rousby's spec- %::1. “In Paris.” is the most brillfant ever #oen 4t the Orpheum, and the three Crane Brothers and half dozen of the other fun- oakers can create énolgh laughs to make @ good digester for turkey dinners. The $ale of weats In' advance has been very and indicates clean sell-outs at both pertormances. ———— Dart ember handsome water color photograph of Yourself included free with each order of §3 or over. Omahe best water color artist @oes the work, insuring the quality b ing the best. Stonecypher, photographer, 1:12 Forumm street In dlamonds A. ;‘ Nul-crm o has no competition. He tmports none but white #ems, and did it before the last raise of 10 per cent took place. Look at them. I $2.15, Lincoln and Retu: Via Burlington Route. For the Niinols-Nebraska foot ball game Tickets on sale Nov. 2; good to return Nowv. 1, Train ‘leaves at 830 a m leaves Lincoln 6:00 p. m. Tiokets, nam St Returning 1502 Fa Horwe covers made to it your Omaha Tent and Awning Co., Harney streets. horse. 1th and Don’t Scold lmv is & nervous affectio Strengthen the nerves with Dr. Miles' Nervine. Sleep betm ut belur, work -MEE - ™ | part of my duty to put the 15¢ _{BRANRELZ AGAINST. STREET SIGN PLAN Real Estate Exchange Goes on Reco: nn Opposed to Advertising The street sign advertising contract recelved the most earnest attention of the members of the Real Estate exchange at the regular meeting veeterday and on a stand- ing vote only three were found to favor the ordinance’ J. W. Robbins chairman of the committee appointed to wait on the councll committee Monday afternoon, reported that no quorum of the council had been present, but that by presenting the case to Individual members, a stay in proceeding of one week had been obtained. Mr. Robbins said that it had been reported that he was the only member opposed to the contract, and he wanted the entire com- mittes to" turn out. “The ordinance is very defective,” sald A. G. Charlton, “because it doesn't fix the corners where the signs are to be placed. It was the contention of Mr. Parrish with whom 1 talked, that drivers for the de- partment stores and other could not find thelr places of destination beeause the streets were not marked. The new con- tract would, he said, fix that. But thero Is nothing in the ordinance which requires them to place the sign at every corner. Tt 1a left to their discretion. and they might, say, place them on Farnam and Douglas streets and leave the streets that need them without signs.” President G, G. Wallace spoke against the contract, saying that it was giving a franchise to use the public street for ad- vertising, which was a thing which shoula be guarded against. M. J. Kennard argued against the ordinance on the ground that the =igns would be of no advantage and un- slghtly. F. D. Wead saldythat such a fran- chise was of value, and If It were to he given it was very probable that a much Getter price could be obtalned by advertis- ing for bids. On motlon of members of the committee on irrigation the secretary was Instructed to ask Secretary G. H. Maxwell of the na- tional socicty for Information as to the ex- penditures of the organization. G. 8. Rogers was elected as a member of the exchange. After the business session the members Because of Thanksgiving time, were enter. tatned by Z. D. Clark, who sang and played his banjo; by Henry Payne, who read a sea- sonable poem, and by . A. Benson with some storles. ELBOURN EXPLAINS THE ROW Says He Purposely in Order to City Clerk ‘Elbourn has made a statement further explaining his bandling of the gas contract reso'uiion September 29, he rules of the council require that the president sha'l sign all ordinances, res- olutions and documents acted upon by the council, not specitying whether it shajl be done before or after the mayor puts his Mignature to the papers. Neither tate nor city law require the president's slgnature to muke a resolution operative. In other words, his signature is a mere same matter of form and in substantiation of the | clerk’s certificate that the document is cor- rect . “In the case of the gas. resolution 1 have w0 apologles Lo make for the way 1 baniled it the extension of the contract and favored an electric light monopoly. I Knew ulso that preparations were helng made for an injunction to hold back the gas redolution it it was adopted. When it was adopted the wiil of the councll was plainly ex- pressed. I ‘s my duty t6 do the bidding of this body. Havieg Suowledge of the fght upon the resolution, I considered it document in the hafids of the mayor for his signature at the eurilest possibie woment. The law does require his name attached to a concurrent | soda water, HOT OR COL FREE SODA iong, in_our store on the N, hnd N streets, South Omann 25th, we will ‘Ive with 5¢_or mulnl". 3 glass of LD, ice cream oda or ANY OTHER OLD KIND, Our xpert dispenser, Mr. Saunders, will be in charge and every one will be walted upon courteousl .nd,ummpuy Remember the dey. BATERD) 8, N. W Corne and N stroats, Boin Omaha. 1 pound O'Brien’s Hoarhound Candy 1 pound Douglas' Hoarhound Candy $1.00) Tler's iskey $1.00 Pure Canadlan Malt W We guarantee Canadlan Malt r'r cent proof. Peruna .. $0c Blood_Wine 1 auart,” 33 ounces, m corner hit Saturday, every Durchung of 1204 e Kirk's' Dandruft «ue Dr. Maas " Face " Saive 3 .m flady in ‘Omaha ‘and Bouth Omaha | who has ever used this breparstion will have no other e Doan's Kidney Pills , $200 Chester's Genuine Pills . %c Laxative Bromo Qi SCHAEFER’ CUT PRICE DRUG STORE E. T. YATES, Prop. 16th and Chicago Sts., Omaha, ‘Phnnel] 747 and 797. 24th and N Sts ~outh Om: ‘Phone No. 1. All goods de.ivered any pla. O Il\ tllhal clly He says: | 1 knew that Zimmsu was opposed to | Alfred Cornish & Co., | 1210 Farnam Street. HIGH-GRADE BLANKETS AND ROBE X5 BLARKETS av Lowest PRI | ucposely run by Zimman to prevent the | courts (hwarting the will of the mayor and council “The differences between President Zim- man and ‘myself date back to a year ago | 1ast spring when he attempted to have the 1 wages of my stenographer reduced, saying | that a person as competent could be ob | tained for less than half the money, or $4) jIn turn the stenographer, Miss Schenck has permitted Zimman to make up his own | reports, and since then more or less ill- | feeling has resulted.” ! New Germ Destroyer. | Dr. King's New Discovery kills consump- | ton and grip germs; cures coughs, co'ds and lung troubles or no pay. ¢, $1.00. For sale by Kubn & Co #2.15, Lincoln Return, Via Burlington Route. For the Tlinols-Nebraska foot ball game. Tigkets on sale Nov. 3; good to return Noy. 2. Train leaves at 85 a. m. Returnk | leares Lincoln 6:00 p. m. Tickets, 1502 Far. ngin St | resolution before it I binding. it was /;n.nu-.o--u.lm..mu | HAY DEN THE RELIABLE STORE ill Glose THANKSGIVING. of Bargains a bum steer| when the ‘Tex- as Steer’ advis- ed the Knights | of Ak-Sar-Ben to see Nicoll for their tailor- made clothes. | It isn’t every| day that you have 1,800 pat- | terns to select from, and it's only at Nicoll’s | that you can! *J ! get your suit 8'days after ordering. Made in Omaha by Omaha tailors, and Nicoll’s guarantee () &> We’re Thankful We have been able many people with our shoes, and we're doubly thankful that we can offer you a boys' school shoe that's not only a first-class school shoe but an ideal skating shoe. The sole and heel are extra well made and put on 80 that they cannot be pulled off by skating. Heavy grain calf ugpers—sail cloth lined—wide estension cdge sole and full round toe. Boys' slzes, 2% to Youth's sizes, 13% to k& Little Gents' sizes, 10 to 1 DREXEL SHOE Co., 1419 Farnam Street, Omaha’s Up-to-Dates Shoe House Ebony Toilet Goods Our stock of Ebony Toiletware is row in, It is the most complete line ve have ever shown and the most rec.sonable In price. to please s Special Zero prices on suits $20, $25, $30 and $35. Over- coats, $20 to $50 TAILCR 209-21r South 15th St. FRED PAFFENRATH, Manager. Brush, Mrror and Comb £:ts, Shav- ing Manicure Sets, Traveling Cases for ladies und gentlemen, and A full fine of individual pleces, Barney & Berry’s all sizes—-all kinds Jas, Morton & Son Co. 1511 DODGE STREET. Scroll Saws and Cutlery, it will be.a pleasure to show them to you. BROWN & BORSHEIM, 222 South 16th Street. at Noon Wach for the Friday List CLOTHES FOR MEN Thanksgiving Fxxxngs for Men. See our famous “Nebraska Special” a $2,50 man's hat for $1.50, stiff and soft, all the new $1 BO fall shades ............... Lo Men's Fine Neckwear, 45¢c— We have on epecial display in our ckwear department the finest and enapph est line of men’'s neckwear ever seer Omaha 45C they are strictly up to the minute—regulur seventy- flve cent value—tomorrow for Men’s High Grade Shoes, $2.50— Don't pay shoe stores x\wv and $3.50 for shoes \\hnn you can buy shoes like we offer for $2.50, made of patent colt, box calf, viel kid and velour calf, $3 and $.50 values, for . 2.50 Men's $1.50 Gloves, $1.00— Cur Nebraska Speclal,” the best dollar and a half glove made, we sell for a .hnL\ nn’r(‘l fAitting- V\PII sewed in the I».n«( shades glve the most perfect satisfaction—at he Benm_ Gompany hanksgiving! hanksgiving ! WE CLOSE AT NOON, PERFECT DlAMON DS Ixquisitely sét in rings or'brooches and at moderu ofter for your Christmas e for yourself, MAWIRINNEY &RYAN CO- 250 5% DOTGLAS STREET: A FOUNTAIN PEN always makes an acceptable Christmus present. We hav a good pen for $1—a very good one_for $1.2 and §1 .50, Waterman pens. $260, & .50 81, &, gold mounted, up o0 $10. Every pen we sell s guaranteed. You know our TRlRBITILy. Spend & fow minates In ouF svove. ‘Tom for the name, €. W. LINDSAY, Jeweler and Optician, 1516 DOIII.. Street. Teeth Cleaued, 75¢ 1 Crowns (22k), $5.00 Set Teeth, $5.00 The best is none We give you the best and too good for £ 18 0¥ VITAL PORTANCE that articles you wixh (o whall have you. ™ charge All work guaranteed. Taft’s Dental Rooms. you only a fafr price, sible to We have t Did you win a prize last week i Another chance mw Prize 18t $10.00 1 Dinuer Set Bet World 8rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th koo 15th § (“"y 16th to Zoth:fl:{n 7% 26th to 35th Fountain 36th to 50th State M» 51st to 200th volumes of Napoleo reat Piotun Great Paipters’ st Pa int Gre PPasn opy ;«.mnp Copy Boot”.. 1 Copy Book'". .. at Cop, Great, L Copy 200 worth §1 Art worth Bl 200 prizes ... e : | | | é The Prizes 2nd 1 Dinner Set...... e, ‘ldving Antmals of the “Life of Napoieon™ Pictures by ter “Mother Goose Paint’ Pictures, Last week’s contest excited so much interest that 200 more prizes are offered this week to those, who find the greatest number of mis-spelled words in our Want-Ad Pages. issue of Monday, November 23 and ends with that of Sunday, November 29th. carefully and get one of thc 200 prizes The contest starts with the Read every want-ad The Conditions The person finding the eatest of mis-spelled words will be awarded the firet prize. In case of a “tia”, the mal) ing answer person first, according to will All answers must be sent the postmark on the envelope, be given preference. by mail, Cut out the advertize ments and paste them on @ sheet of paper. Underiine the mis-spelled word with a pencil or ink write your name and address at the top of the sheet No person comnected with The Bee Pub- lishing Company will be permitted to enter this contest. No abbreviatious will be spelied words. The 1808 edition of Webster's dictionary will be taken as authority Cut out the ads each day, mark the mis- spelled words, paste them all on & BINGLE sheet of paper and seud the whole thing in complete after you have studled the Bunday, November #ta edition. Don't send in your until the end of the week or they won't be counted. \ If » mis-spelied word ocours in an sdver- tisement which sppears more than ones, L:-u only one copy of the “ad" em your list, and counted &s mis- | | | | Send all answers by mm't. addressed ‘*Want Ads” Department, Omaha Daily B ee, Omaha.