Omaha Daily Bee Newspaper, April 13, 1909, Page 10

I A 31 AW Sl 4 Sl Dt sl D RUSH HAD T00 BIG A JURY| Should Have Btought Haskell Case Before Sixteen. | TWENTY-ONE ON THE PANEL Assistant Attorney Gemeral » from Okin wi 1e Acted for Government in Town Lot Cases. Special Assistant United States Attorney presented the case vernor Haskell of Oklahoma, has geturned to Omaha. In his judgment, if the basis of quashing the indictment be- causs It was brought by a grand jury of more than sixteen is correct, a great jail dellvpry In Oklahoma is one of the un- pleasant things to contemplate. Referring to the case, he said “1f* the law 'was correct nounced by Judge Marshall, all per- sons charged with crime committed during territorial days have been similarly indicted by grand juries so constituted and in cases now pending would be entitled to the same immunity from prosecution by & grand jury of more than sixteen, and hence would necessarily result in a very large jall delivery in Oklahoma." Mr. Rush brought with him a copy of the Judge Marshal which knocked Haskell. In who as an apinfon of out the. indictments against the opinfon the court said: That the misconduct charged against the prosecuting attorneys amounted to nothing more than the admission of Incompetent evidence, namely, a few affidavits before the grand jury and the judge brushed this aside by saying that there was no showing gt thev were prejudicial to the defendants and that if the introduction of incompetent testimony s itself such misconduct as to warrant the quashing of an indictment that but few indictments would be immune from such an attack: that even courts themselves. differ as to what is competent or Incompetent evidence. The decisions of courts are unanimous that if there is any competent evidence, the indictment must be sustained: that the prosecuting attor- noys had a right to advise the jury as to the law of the case and that If there was an inadvertent error, which is not shown v the evidence, by prosecuting attorneys eannot be magnified into misconduet. Teo Many on Grand Jury. In his opinion the court holds, however that the grand jury consisted of twenty- ane persons and was organized under the laws of the United States relating to grand juries'and In force since Oklahoma was ad- mitted into the union as a state,” said Mr. Rush, “but that since the crime charged was wholly committed in territorial daye and within that part of the state known a¢ Indlan Territory, by an act of congress the eriminal practice acts of Arkansas were in'force and that this otfense was subject st all times during its commission to an indictment by a grand jury of sixteen and no more as prescribed by the Arkansas laws. ! “The therefore holds that when Oklahoma was admitted into the union as | a state and the criminal procedure under | the laws of the United States put In force, and those of Arkansas repealed; that when the grand jury under the laws of the United States was summoned, consisting of twenty-one persons, the government ctould more easily secure an indictment by the necessary twelve votes out of a grand jury 80 constituted, than out of a grand jury of sixteen persons required by the Arkansas act. This, it is sald, altered the situation to the:disadvantage of the defendants and therefore the enabling act in this particular and the procedure adopted was ex post facto as to the defendants and void, and for this the Indiciments were quashed.” court Mayor Throws Colonelcy in the Governor’s Teeth| “He'll Have D—d Sweet Time Trying to Placate Me and My Friends that Way,” Says Mayor. i Governor Shallenberger Is wrong if he | thinks he can placate Mayor Dahiman and | his forces by making the mayor a colonel on his mutinous staff. 2 “Well, 1 should say 1 would not have | the commission,” declared Mayor Jim with | great emphasis when asked if he would | accept it. O “He'll have a d—d sweet time making a | colonel out of me or any of my friends,” | added the mayor. “I wouldn't have ac cepted a commission In the first place, and especlally not under the clrcumstances since Bhallenberger has done what has.” Bright and early Monday morning | al vumor gained currency that the governor had hit upon the novel scheme of placating Dahlman and his Jimocrats by making the mayer the head colonel on his staff. But it the governor ever entertained such an idea, be reckoned without his host. The matter drew a “rise” from Mayor Jim as quick as & flash and as tart as a crab, Saloon Robbed in the Daytime| he Oscar Johnson's North Sixteenth Street Place Relieved of Con- siderable Change, | The suloon of Oscar Johnson ut 424 North | Sixteenth street was robbed at 12:15 Mon- day of $1® in gold, $0 in currency, a couple of pay warrants approximating $52 and two checks valued at $40. Sev sons were in the saloon at the time while the barkeeper's attention was mo mentarily diverted, some one slipped in be hind the rear bar counter and ook a cigar | box containing the m checks and make good his escape. The police are work g on the casé, but no arrests have been | made. | and bt s s This Beautiful Teaspoon full sized, silver plated, of exclu- sive rose partern, in French gray, the newest style, made and warranied by Wm, Rogers & Son IS YOURS if rf'(:»u send ten cents and the top of a jar of s Extract of Boet Genuine has blue signa. ture, We want you to ko by trial that it's the most {acth I totepoonitr ety cup of best :elfrn':.'f i as economical {or cooking. For 20 cents and a Lichig top we [ mail this fine fork, full size, to ||| match spoon. No advertising on | either. Address, Dept. S, i CORNEILLE DAVID & CO., 120 Hudson St., New Yor | Beston Drug co | Brandeis Store Two Exceptional Bargains in New Spring Hats shows Tuesday is strictly new in style, You will find it is more to your advantage to buy your hat just after Easter than at any other time. Charming Hats at $5. For many years Brandeis has been recognized as the only store that puts genuine metropolitan style in a hat to sell at $5. In this group are all new shapes $§ and every new color Street Hats at $10—Several hundred to select from—all new and strictly correct in style—not a millinery bar- gain like this in Omaha—at ‘Mnm ‘have admired these high grade wash fabrics in our show | window-—white, cream and every wanted plain Shade—mixed :lllk wash fabrics, worth 35c yard; mercorized English repp, || |worth 35c yard; mercerized poplin, worth a yard; mercer- || ized pongee, worth 26c yard; sosiette, | ¢ el £ { | regularly sold at 25¢ yard, this season's Imost . popular fabrics—two big squares | Tuesday, in basement, at, yard 6o 10c and 15¢ Summer Lawns for 1c Yard These are perfect mill lengths of the regular 10c and 15¢ grades| of printed summer lawns—over 10,000 yds. to sell Tuesday—plenty| || of saiespeople and lots of room in the big, bright basement—on sale all day. * SPECIAL OFFER TUESDAY $7.50 Spring Coats at $5 You’ll need a new spring coat until wel into the summer. The new tailored covert coats, plain or striped—also broadecloth and silk coats in new styles—at Women'’s Tailored Suits at $15— Stirctly up-to-date suits, no store but Brandeis could show such beautifully tail- sls oredismtasta BeIL 8L 70 0 UG Lingerie and Tailored Shirt Waists—Very smart and practical new waists, in strictly tailored or daintily trimmed, at Messaline, Net and Lace Waists—An elegant array of dress waists and waists for every occasion—all colors, silks, laces and nets—long sleeves—all this season’s $798 54-in. to 60-in. Suitings at 69c Yd. Finest all wool tailored suitings, 54-inch French serge and panamas, 54-inch chiffon weight Rajah weaves, fancy stripes and herringbone suitings, 54-inch 69 $1 Quality All Silk novelty suitings—actually worth $1.50 tc $2.50 a yard—at, yard Fancy Pongees « Poplins 89c Yd. 24 inches wide, in two styles, fancy patterns, also plain weaves, Navy, reseda, catawba, new hrown, natural cham- pagne, Holland blue and black—positively worth $1 yard. Just when pongees and such weaves are so much in vogue, at, yard NEW ARRIVALS IN MEN'S FIXINGS Brandeis’ new showing of men’s neckwear is the i best in Omaha. We specially mention the new silk knit || ties, the rage of New York, at 45c. New patterns of Manhattan Shirts. S -— =5 = = All the millinery Brandeis THE BEE: OMAHA, ok and 13, 1909. h any Pattern Seasénable goods for summer sale Tuesday only. 15¢ goods; special, per yard effects, 27 inch; at, yard —Tuesday, yvard Bleached Sheeting, Sterling brand, 2% yards wide, 30c regularly; THORARYL, | .o . inoeson . DO Bleached Pillow Cases, size 46x36, our regular special, each .... Kaster's past and gone. just as cheaply priced. New York hats rushed out to meet the press- ing de- mand. H Bennett's popular prices ore- ate un- bounded enthusiasm among millinery shoppers. Tuesday we again show a wonderful range of spring hats in all the most pronounced new shapes, in colors to match new suits— Bennettjs-Best Coffee. three pounds, Benretts Best Coffee, one pound. . ... Rennett's Teas, assorted kinds, pound. Corn Flakes, thr D ondensed Milk, larg, Wiggle Stick Bluing, six stic Bennett's Capitol Baking r Polk's_Temato Soup, three cans. Rub-No-More Washing Po: Armour's Sliced Dried Beef, jar. Pure Hone Kilen Sardi L F tis g iaia Flour and Vegetable Seeds, package SPECIAL T, A. $nider's Catsup, pint botte. . Snider's Chili Sauce, pint bottie i auice, pint bottle can bottle ressing, pint Snider's Pork and B: ., number Snider's Pork and Beans 3 number 3 DR. BRADBURY, DENTIST Painless Extracting 80s - Crowns, up from.. $§3.50 Partial Plates. up from - Fillings. v Porcelain up from LINENS, WHITE GOODS AND DOMESTIC DAY TUESDAY just the kind everybody is buying —and decidedly under regular prices. item mentioned deserves your immediate attention. packages. . SNIDER PRESERVE Kvery On 27-inch White Goods, stripes and small figures, 12%2c and TY%e White Shirt Waistings, checked, striped and neat figured Pergian Lawns, 45 inches wide, regular 40c quality, unusu- ally good saving opportunity French Lawns, 48 inches wide, fine sheer goods, regular 60c¢ ....25¢ .45¢ Mercerized Damask, 60-inch always sells for 50¢ yard heavy quality, excellent patterns, yard..... 70-inch Cream Damask, splendid weight and new patterns, 60c quality note the width; yard..... Bleached Sheets, made from 2% yard materfal, no seams, a little solled, $1.10 quality, at...89¢ Canton Flannel, unbleached, just ten pieces to sell; it's best 61¢c material; at, yard 3%e¢ TRIMMED HATS Thousands of hats were sold at Bennett's for the occasion, but just as many are here again Later styles and It's worthy of note that in spite of the ex- treme low cost of our hats they adhere closely to the smart- est fash- fons. Per- pendicular and ‘“‘fun- nel” shaped crowns are strongly in evidence. There’s a wealth of rich trimming on some, others are extremely chic and smart, yet sparingly adorned; values $15 and $10, for $12.00 and BENNNTT’S BIG GROCERY Stamps Stamps Stamps Stamps Stamps Stamps Stamps Stamps Stamps $1.00 and 100 Green and “30 Gre o and 25¢ and and and and and and 4 and ...88¢ and ..100 and 0’8 GOOD! agc and Stamps Stamps Stamps 2 can 1606 FARNAM STREDT, same office. "Phone: D. Bridge Work, per tooth, up from §a.80 Nerves removed with- n. LAR WORE SPECIALTY. Work guaranteed years. 17 yoars 1786, So You Must Store Your Furniture? Then call us — today. We have the place you want. We have the facilities | you appreciate. We have the vans and OMAHA VAN & STORAGE CO. !‘ the men to relieve you of every detail. 1609 Farnam St. John Latenser Good VParentage and Family Honor Save Boy from Pen ; Eighth and Dewey Avenue. | s Son of Tennessee Sheriff and Nephew of Judge Gets Only Jail Term. | John Latenser, job fo publi residences, modest architect, self builai while nd a few tho nd evident Youth, good an desire to shield the homored family name Story, alias Charles White, and instead of sen- parer cupying the architect for himself. Mr. residence will saved Charles from the penitentiary tencing him to a term in the'state prison Judge Scars sent the lad to the county jail for a term of six months. Story was arrested in Omaha March 2 for the theft of six sacks of rice from a box car on the tracks of the Omaha Bridge and Terminal company. The rice was consigned to Allen Bros. When taken into custody admitted the theft and pleaded gullty Judge Sears of the criminal bench mday morning. The officers had taken ccasion to verify the lad's statements that his father is sheriff of a county in Tennes- and his uncle 1s Judge in the same and these facts were taken Into the judge when sentence design a residence Whether after It is erected, forgot to matter of and other make the cannot ms put in the conjectu architects. plans for original plans him contractor can execute. While Mr. Latenser will not what size residence he will build, closed Monday by Latham whereby Mr. Latenser s lot at Thirty-elghth avenue for $10,000 The lot was owned by P California, who at one tir the erection of a fine residence. A was street and cunty, H consideration by was passed. The boy promised that he would endeavor to lead an exemplary life hereafter. After giving him a short lecture the judge sentenced him to six months In county jail, to date from the time of rest. He was also enjoined to write his er at least once & week the court west residence section. the Dynamite Wreeks as completely as coughs and colds wreck | Cure them quick with Dr. King's ‘win New Discovery. e and §.. For sale by to Build Home| —— | | Architect Buys Ten Thousand-Dollar | | Lot for Dwelling at Thirty- will now do a | Having erected many nd | himself now | Latenser will have to cut a few extra doors, erect stairway or build on an addition which he 1s a among his assoclates Some are offering to others insist he » plans for himself which any announce | a deal | Davis, D. Dewey contemplated | 1t is one of the desirable vacant properties in the Doug. 1559—Ind. A-1559. Reliable DentiTstry : (Great Agony. “Before we can sympathize with others, we must have suffered ourselves”” No one ean realize the suffering attendant upon an [ attack of the grip, unless he has had the actual experience. There is probably no disease that causes so much physical and or which so successfully All_danger from the N mental agony, defies medical aid. grip, however, may be avoided by the prompt | use of Chamberlain's Cough Remedy. Among | the tens of thousands who have used this | remedy, not ome case has ever been reported that has resulted in pneuwmonia or that has not recovered. D. C. SCOTT, D.V.S. H L. Ramacciotti.) (Successor to Dr Office and Moopital, 3810 Mason Street. | Calls Promptiy Answered at All Hours, ffice Harney 997. "Phone—0 = Ingredients of Ayer's Hair Vigor: tusire, C0astxSuiar war v Anything Ask your doctor. Ask your doctor. Ask your doctor. Wil it destroy dandruff? Ask your doctor. Does not Color he Hair Lo $25 $25 825 Updike of | ASmISTANT STATE VETERINARIAN, | Omaba, Ned, | ELECTRIC | ONE-WAY RATES TO CALIFORNIA OREGON WASHINGTON and IDAHO EVERY DAY To April 30, 1909 to San Francisco, Los Angeles, San Diego and many other California points. to Portland, Tacoma and Seattle, to Everett, and Victoria Vancouver to Weed, Cali., Ashland, Roseburg, Bugene, Al- bany, and Salem, includ- ing So. Pac. branch lines in Oregon $25 920 via u [ P .f- BLOCK SIGNALS ALL THE WAY. THE SAFE ROAD TO TRAVEL, INQUIRE OF CITY TICKET OFFICE 1324 FARNAM STREET to Spokane R and interme- diate O. & N. points "Phones: Bell, Doug. 1828, and Ind. A-3331 TWENTIETH CENTURY FARMER One Dollar & Yem ;Splo‘mil_d Savlnrg.s and Perfect Satisfaction Always “ ? Special bargain offerings in Muslin Under- Tuesda, THE RELIABLE STORE WemwSwaay. Bargain Bay in the Cloak Department A general clearance of all odd lots and broken lines left from g a tremendous” Easter week selling. Stylish New Tallor Suits, actual values up te $20.00—mostly fine panamas, 100 in the loi for selection, at Veios . 87.98 #20.00 Silk and Cloth Dresses—Choice assofi- ment of weave and colorings, easily worth trom $15.00 to $20.00—choice ... $8.95 strong styles, - $4.95 $7.50 Lingerie Dresses—Pinks, blue and white, trimmed with laces and fhsertions, great bary gains, at Nn e v . 83.95 $4.00 Jap Silk and Net Waists—Odd lots, tro. mendous bargains . e . 81,95 9 to 11 A, M.—50 long | For All Day—Long eilk kimonos, 7.50 Challle Kimonos, an values, limit one Immense Hne for ses a customer, while | lection, regular $2.00 they last, at §2.95 value, cholice...DS8¢ Tuesday’s Specials in Domestic Room From 8 to 8:30 A. M.—One case of From 10.30 to 11'A ~0One case of 36-inch Bleached Muslin, 280 Brook-| Unbleached Towel extra heavy dale, regular 10c value, 10 yards four pairs to a customer, will go at, limit, at, per yard each ... wE L 1le From 2 to 2:30—O0ne « yard limit, at, per yard ... See the New Queen Quality Oxfords— | They'll please. Fine Covert Jackets—All new, satin lined, values to $10, choice to 10c double fold Percale.......@%¢ |16c White Goods 16¢ fine Percales, 36 inches wide, at, | 66c Bed Spreads, por 'yard ' 8% | will go at .. H o ] | 19¢ White Novelties ... 7%¢ | $1.60 Bed Spreads | | Rose Bush and Shrubbery Sale Tuesday Owing to the big demand for rose bushes and shrubbery, we were com- | pelled to get in another big consignment. These are all hardy stock and will grow and bloom in any climate. Tuesday's Sale Prices: American Beauty Red, Pearl of the|Snowball-Bushes, eacH: i v.. . 10¢ Garden Yellow andBridesmaid Pink |Honeysuckle Vine each......12%¢ Rose Bushes, each 10¢ | Lilac Bushes, each . 15¢ ! Crimson Rambler, each ... 25¢ | Althea, or Rose of Sharon, ea.12% ¢ | Hydrangia Bushes, each . 25¢ |Speria, or Bridal Wreath Bushes, | Clematis, purple or white, each 20¢ | each Voot i 10 | This will postitively be the last sale this season. Plant now for sum- | mer blooming. Basement Crockery Department. | Monday’s prices on all groceries, fresh vegetables, oranges, fruits, crack- butter, cheese and meats. slightly soiled; ers, Phone us your orders; our new delivery system insures prompt and satisfactory service. Douglas [ ] s Independent 2600 T_ry HAYDEN'’S First "3} Electric Power Our power plant is equipped with the most modern ma- chinery, has experts to attend it and works 24 hours every day in the year. ‘We make it our business to be ready to supply power to you at all times at the lowest possible cost, and it is, good business for you to see that you get power when yon want it at a minimum ecost. 1t will cost you nothing to find out about it. CALL US BY TELEPHONE. Omaha Electric Light & Power Co. Y. M. C. A. BUILDING Both Phones. THAT GROW SEED NEED ANY? SEE THAT THEY COME FROM THE NEBRASKA SEED CO. City Salesroom 1613 Howard St. Tel. Doug. 1261 Wedding Silver \ Beautiful patterns and very moderate prices these days. Tea Spoons, Table Spoors, Knives and Forks, Bouillon Spoons, Salad Fork C m_ Ladles, and nun- dreds of other beautiful pie Spend a few miwtes in our store. Look for the nam S. W. LINDSAY, Jeweler 1516 DOUGLAS STERET The Well Dressed Economical Man who wants good 1 footwear. We unhesitatingly mend a pair of our $3.50 Special Shoes They are the cream of shoe- dom-—built on special lasts styles and shapes the same as higher priced shoes, Our guarantee s back of every pair we sell. Well, to make a long story short, we'll re | fund the money to any pur- chaser who is the least dis- satisfied with a pair. They are made of velour and box calf, patent colt and vici kid, all sizes. We are showing the latest styles in spring oxfords in Drexel’s specials Write for our new spring Catalogue Drexel Shoe Co. 1419 Farsam Streel Broiler Buffet Parlor Car Service Trains 103 - 104 LEAVE Umaha Kansay City Kansas City 9:45 A M. ARRIVE Omaha 5:50 P. M. & la Carte when you Omaha recom- ™ Take this train travel between and Kanses Oity. /MISSOURI PACIFIC IRON | \MOUN TAIN Thos. F. Godirey gy e e et D O = 2 2 1