Omaha Daily Bee Newspaper, May 21, 1910, Page 3

- + Nebraska Nebraska K ' NICR 1 ‘\m ge before passing senten upon ¥ had ben found agal him as required by Supreme Court Decides Minden Man ‘nf‘.v\f,.,‘,‘.ih.);,“”‘.:’,yr\-. ':t:"rn’l‘(\rn”;:l ':fl.'n "|.'uif\"? Must Die. |1 a body to the Methodist church on Sun- day and attended divine worship and that the t | | from Satur- the court adjourned EXECUTION FIXED OCTOBER 28 |day night until Tuesday because Monday was Memorial day are not sufficient | grounds for a new trial Instructions of bl and Sedgwick Dissent the court regarding insanity and intoxica from Opinion—Affirm Ver | tion Including the legal effect of so-called in Dennison Damage insane delusions are held prope; satt Chief Justice Reese In dissenting, attacks ; that section of the criminal law relating to murder In the first de and says the From a Staff courts might as well construe it to read Correspondent LINCOLN, May 20.--(Speclal.)—The death | 88 follows: “If any person shall in the per- sentence of Bert M. Taylor, of Minden, | Ptration or attempt to perpetrate any convicted of murdering his sister-in-law, | T&Pe, arson, robbery or burglary or by ad Pearl Taylor, has been affirmed by the | Ministering poison or causing the same to supreme court In an opinion written by | be done, Kill another, every person so of- | Judge Barnes. Chief Justice Reese and | fending shall be gulity of murder in the | Judge Sedgwick dissented first degree."” The court fixed October 28 as the date| He said: “By this construction all idea of execution. Taylor was convicted in the | 0f purpose or intent to kill, and all idea district cougt of the murder of Pearl Tay Jor whilo perpetrating a criminal assault. | effectually eliminated. He asserts that this A younger sister of the murdered girl, Ida | rule 1s arous. Judge Sedgwick con- Taylor, age 15 years was left by Taylor | curred in this for dead, but regained consclousness and No Power to Fine. gave the alarm. She later recovered. Tay- | Because the police judge of Lincoln had lor fled and tinally gave himself up to the |no authority to fine Gus A. Jugenheimer officers in California and was brought back | $200 for violating a rule of the Lincoln Ex: to Minden for tri clse board the supreme court has dis- After Taylor's wite dled, Taylor and his | missed the petition in error. The district dead wife's two sisters lived together in a court had affirmed the judgment of the little house In Minden and it was in this | police judge and none of the lawyers called ‘ house that the crime was committed attention of the supreme court to the fact In the supreme court the defendant al-|that the police court had no jurisdiction leged error because the lower court at one|and that the affirmance by the district time refused to grant a continuance, re-|court was a nullity, but an examinatton of fused to grant a change of venue, miscon- | the record disclosed that condition and the duct on the part of the jury; and com- | court dismissed the action. ot ent before the| o, . case of Thomas Dennison against the | jury, charging that counsel for the de-| The Case of Thomas Dennison aghinet th fendant were trifling with the court and [l News Publishing company of Omaha “~|In which the district court found for the jury by presenting the defense of Insanity and drunkenness when they knew or ought to have known that there was no merit In | them. Court Overrules Objections. plaintif, has been affirmed by the supreme court. The case has been before the court twice, being reversed the first time. Dennison first secured a judgment for $7,500 The court holds that the remarks com- |from which the defendant appealed. On a plained of were within the limits of falr|second trial he was awarded a judgment of and reasonable dlscussion and not suffi-|$2000 ang this judgment is affirmed. clent to require a new trlal. In the ab-| Dennison sued The News for the publica- sence of any showing In the record to the |tion of articles which he alleged were Ii- contrary the court assumes that the ll’lfll‘hn-lunx, at the time of the destruction of The deeper one goes into the virtues of Frank- lin air cooling the more unfavorable water cooling appears. . Franklin air cooling not only equals water cool- ing but in addition has virtues not possessed by water cooling. The water-cooled motor consists of two separate mechanisms—the engine and the cooling system. If one gets out of order the other is disabled. o The Franklin motor is one mechanism—the en- gine. The cooling system is not a mechanism; it is not anything separate or distinct from the engine. It utilizes the fly wheel, the engine boot and the hood but does not add mechanism. There is not a single condition of water cooling the Franklin can not meet, but there are a number of conditions in which the water-cooled automobile can not meet the Franklin. The Franklin can meet the water-cooled automo- bile in any road test fast or slow, mud, sand or hills, and if the work is severe enough the Franklin will outdo the water-cooled automobile every time. The Franklin cooling system is unaffected by cold or hot weather; it does not require any attention. Model H, $3750. D, Model $2800. Model G, $1850. 42-horse-power, seven-passenger touring car, 28-horse-power, five-passenger touring car, 18-horse-power, four-passenger touring car, (f.0.b. Syracuse.) MODEL D TOURING CAR GUY L. SMITH, 2205 Farnam Street, OMAHA, NEB. Stout Men We .just received some new clothes, specially made for the season’s wear. Right styles and right prices. $25 and $20 clothes, for men and young men to stay young. “Slip On"—you slip one on and the rain slips off. VOLLMER'S Expert Clothes Fitters b) 107 8. 16th S |In the trial in the lower court \ Limit to Liquor License. | The supreme court has held that the| ¢ deliberate and premeditated malice are | SUprems | gamiesion of the allegations are not made THE BEE Nebraska Elmer Thomas home by a bomb. Tilr“ opinion was written by Judge Fawcett, the | court holding there was nothing ‘lrl‘)vldh‘\nl" the board of fire and polics commissioners of | Omaha may issue a liquor license to run | from Januaryl, 1910 to January 1, 1911 The | case came up on the application of Peter | ohnson of Omaha for a liquor license to | run for the period mentioned. The hoard granted the license. J. M. Leldy protestad | | |the tssuance of the license because it ex tended beyond the municipal ycar which ended in May 1910, according to his idea. The district court upheld the police board | and Leldy appealed. The opinion was writ- | ten by Judge Barnes who In his syllabus said: The mayor and city council of metro- politan citles may, for the purpose of licensing and regulating the sale of in- toxicating liquors, declare the municipal or license year to be the same as, and co- extensiv with, the fiscal year fixed by the charter; and the Board | |of Fite and Police commissioners of such | city may grant a therefore com- mencing on the first,day of January and terminating on the December 1 of the cur- | rent year.' | | terms of the city license Demurrer in Liguor Cases, Attorneys for the Burlington and Union Pacific rallrcads have flled briefs in the supreme court in answer to the suit of the attorney general for an injunction to pre- vent the sale of liquor on the dining cars | of the trains operatcd by these companies. The companies argued that the court had Jurisdictior. to attempt to enforce a criminal statute by proceedings in equity. the legal issue defined for decision and its with any other end in view and the rights to take issue on the facts should the court hold it has jurisdiction are not waived. Both roads set up that liquor is served for the benetit of passengers, who In nearly every Instance are through travelers. Still Being Urged. “They are still urging me to get in the race and the demand is very insistent and I may have to yleld, but 1 am not sure.” That is the way Bernard McNeny rephed to the question: “Are you going to run for attorney general?" r. McNeny was in Lincoln today to look up some matters connected with the suit of Cora Whittaker against Frank Young for damages for breach of promise. The suit was originally filed in the federal court at Denver and later dismissed. Mr. Me- Neny expects to refile it in the district court of Lancaster county, the home of Mr. Young. W. C. Dorsey of Bloomington, an attorney, accompanied Mr. McNeny. INJUNCTON AGAINST HAVELOCK STRIKERS ©/ Munger Grants Order t Burlington Shop Boilermakers, LINCOLN, Neb., May 20.—Judge T. C. Munger of the federal court today granted an injunction against the striking boiler- malkers at the Havelock shops. The Bur- lington officlals alleged that the strikers had established pickets and had assaulted several non-union men. The strikers are restrained against using violence or in* terfering with the property of the com- pany. BOY MANGLED BY ENGINE Andrew Swanson of Osceola Caught in Machine and Dies from Injuries OSCEOLA, Neb, May 2.—(Special.)— Bernard Swanson, the 19-year-old son of Andrew Swanson, living three miles south- west of Osceola, was fatally injured in a gasoline engine last evening and dled within a few hours. The young man was grinding feed and had attempted to reach across the engine to adjust something, when his arm was caught In the governor and he was thrown against the machine, his arm badly cut up and he received a concussion of the head. The doctors am- putated the arm within a short time. His death was due to injuries received about the head. DAVIDSON ACCEPT S OFFICE Chancellor of Nebraska Wesleyan University Will Go to Garrett Biblical Institute, (From a_Staff Correspondent.) | LINCOLN, Neb., May 20.—(Special Tele- |gram.)—Willlam J. Davidson, chancellor of | Nebraska Wesleyan untversity, today ac- |cepted the professorship of religious rhe- |toric at the Garrett Biblical institute at| Evanston, 1L, an affillated college of Northwestern university. The appointment |takes effect September L | i | Stolen Goods Recovered. PLAMTSMOUTH, Neb.,, May 20—(Special.) Sheriff Quinton has a large stock of | merchandise in his possession aweiting an owner. Fred Blunt and Sampson Karnes {informed him where he would find the E0ods, & portion of them under a bridge a | few miles north of the Missouri Pacific | depot In this city and more in a vacant house. The goods consist of bolts of dress- | goods, bundles of ov. lis, necktles, corsets, skirts, ete. The officers are of the opinion that the goods were thrown from the Mis- | sour! Pacific freight cars while they were about half way between, this city and the' Platte river, and that they had removed | and disposed of what they desired and turned the remainder over to the officers. | While the officers were getting the I'Vodll | the men made their getaway to Iowa. The| | rallroads have had this same kind of busi- ness to contend with for several years and have landed several offenders in the state penitentiary from this county. Beck Wins Scholarship. EDGAR, Neb., May 20.—(Special.)~The twenty-second annual commencement of the Edgar High school was held in the opera house last evening. The graduates were: Frances Nevins, Grace Hart, Beverly Win- | ston, Genoa Hayes, Gladys Defibaugh, Wes- ley Beck, Florence Boden, Elsie Hart, Flor- ence Messopian, Ollle Northrup, Osie Jen- nings and Mllford Carlson. A $100 scholar- ship in Doane college was presented to the student passing the best examination and was won by Wesley Beck. Ploneer Woman Dies, ST. PAUL, Neb, May 20.—(Special.)— Mre. Anna Christensen, wife of L. P. Chris- tensen, died yesterday after a week's sick- ness. She was about 62 years of age and one of the early settiers of Howard county, having come here in 1573, Commencement at Creighton CREIGHTON, Neb., May 20.—(Special.)— The high school graduating exercises will | be held in the opera house on Friday, May 21th. This year's elass consists of the fol- llowln' named puplls, lone Simons, Eva The argued that the petition filed by the attorney general made ho averment of any | pecunlary Injury to the citizens of the | state nor any rights of property to be protected. Both roads demurred to the petition of | the legal department of state, but insist the demurrer Is only Intended to present OMAHA, SATURDAY to admire. Suits MAY OMAHA's ONE our Boys’ Depart ment on 24 floor will repay any The Home of Quality Clothes economical person. L 4 WhollneT to puy ubstantial Savings i obtainable or any one of the little wearables in the in Spring Suit Spendings --keeps the crowd coming to King-Swanson for their good suits—suits that have every element of worth— . . - - - ability—splendid assortment of suits with goodness to appreciate and sightliness to |« i nir ek suits look high in comparison. 21 1910 MODERN CLOTHING STORE A visit to gained VERY SPEOIAL SUIT OFFER— 2 Pair of Kniokerbookers—sizes 7 fabrics 7 to 17 years. Unusual w point of service- from the vi that make other stores similar priced are full peg top.— The best Suits, bar none, ever sold at our Prices— - $10, $12, $15, $20 »igpte Every one carrying an absolute guar- antee of $3, $5 and even $10 saved. King-Swanson’s ‘““True Blue’ Serges Beautiful in tone—satisfying in service—the very limit of blue serge excel- lence. Sightly models by experts who know how to make a solid color garment. If you buy a blue serge suit withcat seeing our ‘‘True Blues’’ you’ll regret it every time you meet a fellow whose good judgement directed him to us. Come in and look at them. $15.00 and $20.00 Keller, Elsle Hagen, Blanche Stingley, Fern Witwer, Vern Witwer, Thurl Strain, Thos Youce, Dwight Lyons, Gordon Saunders, making one of the largest classes that the high school has turned out. Son Marries His Father. TECUMSEH, Neb, May 20.—(Special)— Mr. 8. P. Tingle, for forty-two years a resi- dent of this community, and Mrs. Nancy C. Webb of Pasadena, Cal., were married at the Tingle home, south of this city, Sunday evening at 9 o'clock. Mrs. Webb and her 1l-yéar-old daughter, Ruble, arrived from the California clty that evening. There were but a few witnesses to the ceremony, which was performed by a son of the groom, Rev. O. P. Tingle, also of Pasadena. Commencement at Emerson. EMERSON, Neb,, May 20.—(Special.)—The graduation exercises were held last evening, the following receiving diplomas: J. Russell Flauto, Clyde Isenberg, Raymond Pearce, Misses Nellle Jones and Winitred Curran. Prof. Lawrence Fassler of the State uni- versity delivered an able address. This is the first class In Emersan to complete the full twelve grades of work in the normal training course. Eb Johns Held Gullty. SEWARD, Neb, May 20.—Special Tele- gram.)—Eb Johns of Lincoln, who was ac- cused of stealing $76 worth of hides from a dealer in Germantown, was tried in the district court here and today a verdict of guilty was found by the jury. Judge Coch- ran will not render the sentence for several days, Nebraska News Notes. CREIGHTON—W. H. Green has about completed the excavating for his large 60x30" automobile garage and opera house. CRAIG—A class of thirty new recruits to the local Modern Woodmen of America lodge went to Omaha today for Initiation. HOLDREGE—The local Commercial club has recelved word that the St. Joe Boosters of St. Joseph, Missourl will be here over night the 2ird. CREIGHTON—Mr. F. C. Largen has just returned from Omaha with a car load of automoblles, which he Yps disposed of to Srelghton partles. HOLDERGE—Mr. and Mrs. David C. Blackburn yesterday celebrated their golden wedding anniversary at thelr home northwest of this city. PLATTSMOUTH—The senlors of the Plattsmouth high school put on “Cupid at Vagssar,” In the Parmele theater last even- ing to a crowded house. HOLDREGE—-Last night at the home of the bride's, north of Funk, tho double wed- ding of Anna Carlson to Fred Willlams and Selma Carlson to Lawrence Anderson took place. PLATTSMOUTH—Sheritf returned from Lincoln with C. J. Baker, whose sentemce for bigamy was reversed by the supreme court. Baker is now in Jall awaiting a new trial. BEATRICE—-C. H. Mayborn, until re- cently employed in the Union ‘State bank in this city, has organzed a state bank at Quinton has Chester, Neb. The institution will open for business in a few days. CREIGHTON—The Creighton Electric Rev. J. H. Salsbury of Auburn gave the instructions to the congregation, the Rev Thomas Sexton of Lincoln gave the charge to the pastor. MINDEN—District court with Judge H. same time. The defense was that Wright was 3 trespasser and needlessly exposed himsZit to danger. The case will bo ap- pealed {ELTON—The commencement exercises considerably encouraged over prospects, and crops everywhere are looking good. GOWRIE—While In pursuit of what he belleved was chicken thelves last night, Albert Hanson aged 21, the son of Olaf Hansan, stumbled and fell, accidentally | s " Dungan presiding, djscharged its jury | were held In the opera house Wednesday discharging the shot gun he was carrying. [ Thurgday evening, it haVing found the de- |evening and were largely attended. There The charge entered his side and tore & |fendant, Oscar Schaub, not guilty of at- | were three boys and seven girls in the gapping wound. He died two hours later. | {empted assault upon one, Mrs. Johansen. |class, Mary McDanlel, Villa Adams, Gladys ALGONA—Making a’presiding elder out | Few cases of importance have been tried. [ Adams, Beéssie Hodge, Bertha Cox, Blanche of Rev. Walter Torbot has necessitated | The criminal charge against Howard J. [Batterson, Catherine Hackman, Lawrence the appointment of a new man as pastor | Pulver of Wilcox went over to the next | Treat, Frank Lane and Spencer Lutes. of the Methodist Episcopal church of thls |term of the district court, the jury falling | Miss Mary McDaniel received the college city. Rev. Fred C. Taylor, 3 T8 | to Agres on & verdict. ‘s;l)\sms'xfb 1'»:E~ g\ge”';:;:. Ilmxlnr “ A}\Ice ley, will suc- % ow Nebraska university gave I s o o ey e to "the | HOLDREGE—The sccond annual meeting |a splendid reading, including ~The Tion I aove auTHet, of the forty-first district of Rebekahs met |and the Mouse” and other short sketches, ) in this eity yestcrday, and closed last|gna Prof. E. F. Monroe prosented the MASON CITY—Thursday, June 9 Is the ) pjght with ‘a banquet given by the local |class with the diplomas, day when Mason City will entertain the lod, 1 the visitors. Woodmen of the northeastern section of | attendance of delegate attendance of delegatées and members from There was a large lowa. Supreme National Lecturor Hon. | ¥ifden. Witcox. Axtell Hiaden, Blue il | HAYward at Dunbar Commencement. Charies E. Whalon and John D; Deniton | und Ragan Mrs. Emma L. ‘Talbott of| DUNBAR, Neb, May 20—(Special)—Wil- ol ubuque are to be th e . 3 South Omaha was present and dellvered | llam J. Hayward of Nebraska C| city expects to entertaln at least 15,000|an address in the afternoon, and spoke at . sbraska SUT. and candidate for corgress from the First dls- triet, delivered the commencement address here last evening before a packed house. strangers if the day is at all propitious. WAVERLY—The Fortner hotel was partly demolished early Friday morning by the banquet, also. BEATRICE—A young man ling was arrested and lodged in named Dar- Jall at the explosion of a gas range in the kitchen. | \wymore or. a charge of trying to pass a [ The fololwing program was rendered: In- The thirty guests who were in the bulld-| worthless chec' on Jullus Neumann, a [vocation, Rev. J ‘Tussy; plano duet, Ing fled from their rooms sparsely clad | merchant at that place. The check was | “Poet and Peasant,” Von Suppe, Mrs. D thinking that the comet had struck the [ mEGehent 8 fhat PIREe. A e g and asant,” Von Suppe, Mrs. Dr. place. No ohe was injured except the | ade QUt foX B n FOveg of DRFINE 7G| 5. B. and Miss Irene Lichtenwallner; sal- chef, whose head and face was burned. [ ok man as Cook lives at that place the | utatory, “The Music of Nature,” Miss Dlsie FREMONT—A family by the name of authorities are inclined to think it a case [ Scott; vocal solo, “The Butterfly,” E, Suelzer living in the southeastern part of | of forgery. Darling will ve held pending | Gelll, Mrs. Frank R. Galbraith; valedic- town prepared a cave i their yard an investigation. He has been emploved | ¢, wpno Almighty Dollar” Arthur Tell: for use in case the comet appeared. They|on the Burlington for a few weeks at | 0rd: ~Th6 AINEI Sent Moad ."vr, by waited anxiously, fearing = direful con- | Wymore. Jastet, UIn mist Meaget by 20, sequences, but did not hike for protection | FREMONT—The jury in the case of s'Sompoted o Meskrel O, O Haker, as nothing out of the ordinary appeared. | Mary Wright, administratrix, against the b Tiohtendanner: asin The cave was quite an extensive affair and | {'njon Pacific Rallroad company In the , ; d could be closed almost air tight. district court of Dodge county brought in VLA SIS TTEIn: Remsenatan f diplomas, M. T. H S 3. ediction, PLATTSMOUTH—Rev. Lou Wallace [a verdict kst evening for $1.909.99, Being | Ray 15 W Tave The mestustos oe o Gade was installed as pastor of the First | the full amount sought to bo recovered: | roov'y 2 \Wo Love The eraduates of 101 Presbyterian church in this city last even- | Wright was killed in December, 1908, by -] A Elsio Scott and Elfle Haney, and Messrs. Reuben Johnson, Arthur Tell, Vern Barack- man and Calvin Wilhelm. ing In the church. Rev. A. BE. Perry of Nebraska City, moderator of the presby- tery, delivered 'the sermon of the evening. being struck by a west bound train on the west bound track of defendant's right-of- way. A nephew of his was killed at the Rambler Fifty-three 34 H. P,, $1,800, with Magucto, Lamps and Tools. EVERY advantage of quality in materials, workmanship and efficiency in the new Rambler will be found in Rambler Fifty-three. A reproduction in smaller size of the forty- Light and Power company are contemplat- ing the rebullding of their water dam at the Lower Mills, and furnishing Creighton with day and night service. BEATRICE-Willlam A. Nash, aged & years, and Mrs. Susan 1. Chambers, aged B8, both of Pawnee City, were married yes- terday at the Paddock hotel by Rev. C. E Tingley of the Baptist church. CREIGHTON—The Creighton Roller Milly were sold last week to Frank Jirous of Clarkson, Neb., who will be here next week. Mr. Jirous will remodel the “mill throughout and put in new machinery. MINDEN—G. H. Winters, a relative of Mrs. J. 8 Canaday, was rin over by the Burlington train early ‘Shursday morning and instantly killed. He was deaf and dumb and could not hear the warning of the train whistle. CREIGHTON—The Creighton base ball team is to be reorganized, and a first class teamn put in_ the field. Creighton has & fast bunch of young pirvers and with the addition of w few old iicads will be able to compete with the best of them. CRAIG—George Armstrong, lodge No. 241, Anclent Free and Accepted Masons of this place elected taw following officers: W. D omans, worthv master. A. L. McPhepson, Sanfor warden; L. M. Bovee, junior warden; W. T. Minler, secretary; E. J Martin, treasurer. MARSHALLTOWN—The $1,000000 rail- road bridge bullt by the Iowa Central, over the Missiasippl at Kelthsburg, il was_opened for traffic Thursday, when north bound passenger traln No. 3 passed over it at 11:1 a. m. The opening was without ceremeny or incident. HOLDREGE—Phelps county has had about 6 hundredths of an inch of rain this week which makes the total melsture for the past three weeks average exceptionally well with that of past years. Farmers ars’' five horsepower Rambler. has such advantages as the offset crank-shaft, straight« line drive, Spare Wheel, engine accessibility and 36- inch wheels, besides a neat and durable aluminum front floor. Its convenient size and exceptional power make it an economical car—a car easier to get about with and easier to drie. We will gladly send you a copy of the Ram- bler Magazine or catalog with description. Coit Automobile Company 2209 Farnam St., Omaha, Neb.