Omaha Daily Bee Newspaper, March 12, 1910, Page 4

THE BEE OMAhA SATURDAY, MAR(‘I[ 12, 1910. BRANDEIS STORES CONNOR HEIRS WIN THE CASE Five Persons Will Divide $500,000 Estate Between Them. JUBILEE HELD OVER OUTCOME County Attorney English and J. Sullivan, Successful Lawyers, Are Happter and Richer Than Before Trial Came Off, 3. The heirs of Joseph A. Connor have won. The jury in district court, sitting under Judge Redick, has returned a verdict against the proponents and in favor of the respondents. The verdict finds “that Jo- seph A. Connor himself destroyed the will of May 15, 138, with the Intention of re- voking it, and further finds that this was not his last will and testament.” ‘A fow tense moments occurred in the court room while the foreman of the jury wus handing over the sealed verdict to Deputy Clerk Ste who opened and read it. ‘The verdict then went to the court, and after Judge Redick had glanced at the paper it went back to Mr. Steere, who now read It aloud. During these minutes the sllence and tension In the court room had been marked The heirs of Mr. Connor, Including Grace Cook Connor, his adopted daughter, may now proceed to divide an esiate worth, it is generally held, $00600. The sum of $110,000 will, by their vwn agreement, be sot aslde—3$10,000 for a maugoleum and $100,- 00 for some memorial. They have thus won the second round in the fight, the first hearing in county court also going thelr way. While likely, court is belleved practically matter, Five Divide the Estate. Those who will divide the property Mrs. Ellen O'Connor of Omaha, a half-sis ter; Miss Grace Connor, Mrs, Mary 3J, the dccision of the jury to settle Hynes of Colorado, also a half-sister ol‘ Connor; Mrs. Mary Lamb of Chicago, | faughter of Mrs. O'Connor, and Mrs. May She is the daughter of Aurora, of Mrs. Hynes. When the verdict Ellen O'Connor rose and court. Sperry m had: been read, Mrs addressed an appeal to the supreme court is regarded as not un- in district the the Present the Authentic New Models for 1910 in That Sm been designated as the exclusive agency in this territory for || ‘Fashionseal’’ Suits. || This is one of the few stores in America hav- ing the distinetion of ] carrying this highest | grade make of tailor- || ed suits, { [ | [ | artest of All Tailored Apparel SUITS For Women The Spring Style Aristocrats You are asked to regard this announcement as a special invitation to yourself and your friends to view the elegant new models in ‘' Fashionseal” Suits for wo- men whether you are ready to buy just now or not. The position that “Fashionseal” Suits occupy in the minds of well dressed women is typi- cal of the position which Brandeis Stores occupy as a fashion center in this community. “Fashionseal” Suits are a class by themselves. They represent the very best in tallormg in style and in quality and they sell at a uniform price that makes them the practical suit for nearly every woman to buy. 1 he styles that will be accorded the highest fashionable favor are represented in Fashionseal Suits this season These styles are adapted from expensive 1910 French models. They are adapted by the clev- erest designers to suit the American figure and they are made from selected fabrics woven ex- pressly for “Fashionseal” Suits and never duplicated in any other line. The new ideas cleverly shown are the Russian blouses, the straight cut tailored effects, the novelty French cuts with long lapels, the plain tailored ideas and the styles that are beautifully trimmed with braids and embroideries. The new skirts are cut with high pleated and tunic overdrapes, ete. New celors for ing 1910 are Manila, Catawda, Wisteria, Berrie, Ta Blu Rose, Reseda, Dark Green, Gray, ete. e ——————————————————————————————————— The materials shown in our ‘‘Fashionseal’’ Suits are French serges, chevrons, wide wale serges, worsteds, suitings, diagonals, shantungs, white serges, etc. Fashionseal Suits are not to be compared with other suits selling at $25.00—they more nearly resemble the better e | grades of $40.00 and $50.00 suits. The only women’s suits of dis- tmctly hlgh character that sell ata woman, “may I say a few words of thanks to the jurors?”’ “You'd better do it outside the court room,” answered Judge Redick. When the court dismissed the jury and rose as he did, immediately after there followed a scene of rejolcing which is al- most unparalleled in local legal annals. The women to whom a fortune had come were alternately crying and laughing with joy and eagerly wringing the hands of their counsel and the members of the jury. Friends Congratulate Heirs. There was a large delegation of friends at hand who took part in exchange of con- gratulations, and there was buying of clgars in unprecedented quantities from the old sdlesman in the corridor. “I knew It would come our way all the time, declared Mrs. Mary Lamb, who telt particularly good over the verdict, not only” because of the money, but because |ehe regarded the decision of the jury as a vindication of the reflection cast upon herself during the two trials. “The right s sure to win, | Lamb, The levee in the corridor outside the court room lasted for fully half an hour. Members of the jury hung around all that time, all except one man, 8. Hieronymous, an old colored man, ¥e aisappeared early. It was he who had stuck out for the proponents. On the first ballot taken at 5:45 p. m. Thursday the vote stood eleven to one in favor of the heirs. The jury then went to supper and on returning took a second ballot with the game result. Discussion developed the fact that it was Hieronymous who was In the minority, and the eleven white men then spent three hours of argument on him before they brought him over.” Selllvan and English Richer, Among the rejoicers over the verdict were J. 7. Suliivan and County Attorney English. The verdict means & considerable Increase in their personal fortunes, What they will got Is unknown, but attorneys generally be- {lieve that cach will receive anywhere from added Mrs, are | $15.000 to County Judge Leslie was in the court | room to hear the decision. That the dis- triet coift Verdict upheld his own ruling was a soprce of much satisfaction. to him. “I'm glad you won,” sald a friend to Miss, Grace Connor, while the corridor fostivity was at its height. “Well, maybe I'm not glad myself,” re. plied Miss Connor. The trial of the case closed dramatically. MISSIONARY'S PIIAISE Bronchlul affections, coughs and colds that are dlsregurded ult elt.her Hneumonm or bronchitis and eonsumption. Take warnin Bul 's Cough Syrup at once for these ailment erehn gater or surer for curing coughs and colds, Honry Cooper Amos. City Q,K{ndlu\:'A\n ."fi writes: PR A eiancs with RS A R DR. BULL'’S COUGH SYRUP, Baving used (his rlly our cold: -mdwuhlm bR e the. % P m;a..wa-m.ém""fl i tter 'I'IIAL IOT‘I'LE FREE. \lll'. Byruj Xu it &'u J.mn".'fi“ Vetal bottie, mention DON'T TAKB A SUIITITUTII lt 1s foollsh when you can got a plessant, prompt and Oaugh 8; jyrup. Priee, A Dr. Ball's c youagest ohly, S60ts. » can be -wl th fall con BB Ve, and dangerous to pollvun'&dyukn .Bun' ood resulie. Joseph A. Connor was conjured up before the jury. This was by E. P. Smith, clos- ing for the proponents. Standing before the twelve men about to retire to the jury room, Mr. Smith held In one hand the copy of the will which it s sought to have admitted to probate and in the other he clutched the agreement between the helrs. “I would to God,” cried the attorney, “that Joseph A. Connor 4id stand here! Would that he were able to come before you and to speak! Which, then, of these would he tell you to choose, his last will and testament, or the dooument prepared by this Colliver, a man he never saw?’ The jury has reached a verdict in the case, but its contents will not be known until 9:30 this morning, according to the custom practiced in civil sults, where sealed verdicts are permitted. The verdlct was reached at 10 p. m. The jury took the case at 6:30, following the most vigorous argument the Douglas county court house has known since a year ago, when the four attorneys argued the same case In county court. County Attorney English occupled the morning ses- sion. Judge J. J. Sullivan followed on the same side the fore part of the afternoon and then Mr. Smith closed for the pro- ponents. “I have listened,” sald Mr. Smith, “to the excoriation of my assoclate (C. J. Smyth) by Mr. English. I have listened to the prepared and committed oration de- livered by Judge Sullivan. I am not pre- pared to reply to that—and I would not reply to Mr. English if I could. I have neither the time nor the inclination for epithets and Invective nor for word ple- tures.” Legnl Brethren at War. The other attorneys in the case had like- wise asserted tha they would not spare time for invective and then proceeded to deliver a few rousing wallops at each other and each other's witnesses. So, sim- tlarly, Mr. Smith let g9 of a few fervid sentences regarding Judge Sullivan and also painted some glowing verbal scenes. “I occupy a peculiar position in this case,” sald this attorney. “X am the only lawyer involved who Is a Protestant. I am the only attorney in the case who was not himself educated in parochlal schools. I am the only one whose own children have not been sent to parochial ‘schools. And yet It comes to me to defend parochjal schools from assault and the priesthood from aspersions. “I shall not take time to defend at length the parochial school system. If I needed to I eould point to the other three attor- neys In this case as conspicuous proof of what these schools can achieve. As exhibit A, I would offer the county attorney of Douglas county and as other exhibits, it need be, the children of the county attor- ney. “But 1, as a Protestant, wa: at Judge Sullivan, provisions of Joe Connor's will and sneered #t them. Why was this? Does he think that Protestants like myself and you men on the jury have a yellow streak so that such tactios will appeal to us. I tell you—" Judge Sullivan here interrupted to deny that he had “sneered.” “The jury heard It,” cried Mr. Smith, *[ tell you that there Is no yellow running through our veins. There is none in our make-up. There may be in yours but not n ours.” “I ltke to win law suits, I am anxlous to a8 every lawyer s, but It it were my last astonished act on earth, may I never be found attack- | ing the tenet of the faith of my mother. The major portion of Mr. Smith's address was & urgent review of the evidence in the case as his side sees it.’ There was fire too In the address when he read certain | 1 of Judge Bullivan which had preceded that of | cay 8 confidently to a babe $2 & The accompanying illustrations depict only a few of the many dis- tinctive “‘Fashionseal styles.” “Fashionseal” Suits Are Sold Only at gretting and deploring “that I was com- pelled to sit and listen during the argument of Mr. Smyth to denunclations that cut to the heart. None was spared. None of o women. I had not belleved that the controversy between the church and these wofnen would take this form. I had not thought the exigencies of the case were such as to require it, “These women are morally and spiritually the ohildren of the church. I had thought that the representatives of the church here would have dealt with them in charity. The beasts of the forest, the dumb brutes of the jungle protect and nourish their young. It seems to me that the representatives of the Catholic church ought to do as much for its children. “It has been sald by intimation that Mr. English and 1 are not the real thing—that we ‘profess’ to be Catholics. I am a Cath- olic. I am & Catholic by birth, by educa- tion, by preference. But I am not yet pre- pared to admit that this boy and this girl (Grace Connor and Frankiin Lamb) as they are characterized by these men are the fintvhed products of the Catholic church and its accessory institutions, the paro- chial and convent schools. “They say the church is not here—or that the bishop 18 not here of own volition. ‘He has been dragged In.’ Dragged in! “Dragged in by whom? By these women? Why we have never been the aggressors. We have stood upon the defensive. We have refused to permit the church to wring from our cllents’ hands the property which in all justice, which by every rule of law and ordinary falrness belongs to our cli- ents “Counsel complains because he has not a Cutholic jury to try this case (this was a reference to C. J. Smyth's denunciation of the other side as having challenged Cath. olic veniremen) why he could not win this case before any Catholic jury which could be drawn In Douglas county; before any jury of non-Catholics—before any jury were it made of Infidels or Moslems.” DR. SAVILLE TO REST IN I0WA Veteran of Many Battles Dies Omaha and Will Be Buried in Stoux City. The body of Dr. John J. Saville, a promi- nent resident of Omaha, who died at the home of W. . Plerce, 2728 Decatur street, Thursday morning, was taken to Sloux City for Interment Friday morning. Dr. Saville was born in Indiana in 1831 and located In Denver In early life. When the War of the Rebellion broke out he entered the army as a surgeon and was with General Ben Butler at New Orleans. At the close of the war he located on a ranch near Kearney. Later he was ap- polnted agent at the Rosebud Indian reser- vation and served in that capacity during the turbulent times of 188, when Indlan uprisings were frequent, Twenty-flve years ago he came to Omaha and was proprietor of a drug store Twenty-fourth and Hamilton streets. Dur- ing Mayor Bemis' administration he was health commissioner and in 1883 was a mem- at | ber of the Board of Education. Mra. Saville assisted her husband at the store and she was well known In the vieln- ity in which the store was located. She dled about two years ago. Dr. Saville leaves two sons, John of Chicago and Alfred of Aurora. He had been making his home with Alfred. About two weeks ago he went to Lincoin to take treat- ment at a sanitarium, but decided to come to Omaha a woek ago. Death came while he was visiting at the home of & friend, W. 8. Plerce. His two sons were at the bedaide. You can gt Chameeral ugh Rem- to an aduje, MORTON WILL SOON RETIRE Brigadier General Has One Week More as Department Head. FIFTY YEARS' SERVICE RECORD Only Winti i Whom He Helped Bury, Among General Officers of Army, Served Longer. Scott, Brigadier General Charles Morton; com- mandant of the Department of the Mis- sourl, will retire from the command of the department and from active service in the United States army March 1, after nearly fifty years' life as a soldier. General Morton has had more active serv- ice than any ‘officer in the army today, probably more and longer war service in the history of the American army than any other general officer, with the ex- ception of the late Lieutenant General Winfleld Scott, over whose grave General Morton fired a rifle at the time of his burial. The army loses, in the retirement of General Morton, the active ald of one of its most loyal members and staunch sup- porters. He first entered the service as a private soldler in a Missouri volunteer regiment in 1861 and served during the entire civil war. Appointed to the West Point Military l-c.aemy in 1866, he was graduated there- from in 1869, and has since been contin- uously In the service. He rose gradually through all the ranks of a commissioned officer of the regular establishment, reach- ing the rank of brigadier general in 1%07. General Morton was assigned to the com- mand of the Department of.the Missouri, succeeding Brigadler General T. F. Wint, October 12, 1907. Big Department to Conduct. During this time he has conducted with signal success the affairs of the largest military department, in point of troops, in the United States army, a department which Is as large as three of some of the other departments combined. Upon taking command of the department in October, 1%07, General Morton's first duty was to conduct the fifteen-mile test ride for the fleld officers of the department, which necessitated his visiting the different pos d taking a ride at each, & total of ten rides, or 160 miles. ads Ninety-Mile Ride. Two large maneuver camps of Instruction were held in the department during 1%06, one at Camp Emmet Crawford, near Fort D. A. Rus ¥0., and the other at Fort Riley, Ka all the arrangements for which were made by General Morton. The former was commanded by General Morton in person, at the close of which he conducted the ninety-mile test ride for all field offi- cers on duty at the camp. Upon his return to Omaha he immedi- ately went to Fort Riley, Kan, where he took command of a provistonal division which had been organized upon the termi- nation of the maneuver camp there, and marched it to St. Joseph, Mo., where a military tournament was held under his command. This was the largest organization of troops on so long a march in the United States since the civil war, and up to that time the largest military tournament ever held in the United States. The Des Moines Tournament. In September, 1909, General Morton com- manded the big military tournament at Des Moines, Ta., which was more complete and on & much larger scale than the St. Joseph tournament of the previous year. It was during this tournament that President Taft visited Des Moines and was accorded, un- der General Morton's command, one of the grandest, full dress military parades ever witnessed in this country. Upon the completion of this tournament most of the troops engaged therein were marched to Omaha when the general com- manded another large parade at the open- ing of the Ak-Sar-Ben festival. In October, 19, he again conducted the ninety-mile test ride for staff officers of the Department of the Missourl, General Morton has been most popular In Omaha and his scores of friends here will witness his retirement from the ser- vice with the keenest regret. He has been especially popular with the Board of Gov- ernors of Ak-Sar-Ben, and it Is largely through his efforts that the last two fall testivals have been so eminently success- ful, Can Outride Youths. Few officers of the army upon retirement possess the physical and mental vigor of General Morton. He can ride a horse as great a distance and with as much ease, but with more dignity, than a lleutenant of cavalry and when It comes to admisis- tering on paper the affairs of a large de- partment, he s unequalled. ROADS LATE ON TAX RETURNS Keep Slipping Back Each Year on Making Showing to County Asnensor. The Burlingtor, Unlon Pacific, Great Western and Northwestern railroads are now eleven days overdue on their tax re- turns to the office of County Assessor Shriver. The law provides that these must be in by March 1 The first year the law was in effect every road came In on the dot. Last year they were a few days overdue and this year *he roads namad have not as yet come to bat. “The county assessor,” said sn employe of his office, “‘must pay a $5,000 fine or go to jail if he does not put in his report by May 1, so he will gently urge the railroads to get busy." | BIDS OPENED FOR U. P. HOME Estimates Are in Hands of Chicage Architect — Two Omaha Firms in Race. Varlous bide for the building of the Union Pacific headquarters at Fifteenth and Dodge streets were to be opened in Chicago Friday by the architect, Jarvis Hunt. J. C. Mardis & Co. and F. P. Gould & Son of Omaha submitted bids for the foundation work. Bix Chicago and eastern firms are sald to have submitted bids and estimates for the steel and structural work. Announce- ment of the' various contractors who are to have the job will be known In Omaha probaby Saturday, With the letting of the contracts work will begin immediately on the razing of the old Labor temple and adjoining bulldings on the Union Pacific site, DEED COVERS UP THE PRICE One Hundred Thousand Dollars Net All Money Pald for Ames Property. A deed has been filed conveying forty- four feet on Farnam strect from the Ames estate to the United States National bank. The consideration given in the deed was $100,000, but it Is thought this does not represent the reat price the bank pald for this additional property on which it In- tends to erect a skyscrapper at the corner of Sixteenth and Farnam streets. Western Money Good in the East What Do You Know About That? BLACK ==the $2.50 Hatter=— traded some real Omaha money for a line of fine new spring shirts and you get the benefit. Saturday Only $1.15 each—all cuff attached and new—not a job lot—See window. Spring HATS Are Sprung