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May 20 , 904 TI-IE FALLS CITY TRIBUNE - - - - - - The' T S11US of the ' - : ' , Miles Will Case l As inquiry is constantly being : , made about this now celebrated i" - case , we have taken the trouble of looking it 'up and find that the present status of the controversy is as follows : Joseph H. Miles produced a will made by his father in No- , " . vembcr 1888 , to w1lich was attached - tached a codicil executed three , or four months afterward This \ codicil changed the bequest to .Sam A. Milcs : , another son , from money to a life interest in certain lands , but made no other altera- tion. 'l'hat will was made in a bank at Rub , in which Joseph wets an 111ploye , and appears to . . , . , . have been left there. After the , ' ; , : ' , . , death of S. B. r..1iles . , search was made for his will in various I \ ' . places , but none was found till , J Joseph returned from the east I , \vliere he and his brother Sam J \ ' . ' : , had been on that errand. On arriving - riving in this city , Joseph went directly to the hotel where his ' father died , procured a key to the . room in which he died from land j - / lord Frank i : Manin and went in alone closing the door after him \Then he came out , thc key : was returned to the landlord witho lt remark and Joseph went directly -c ; . . . . . . i. ; 1 lome. - - . 0' In the afternoon of the same "I day , Joseph delivered a paper purporting to be the will of his father , to the county judge , with a request that it be filed for pro- . bate. He then gave out the fact - that he haul on that day , foundd the will in an old unlocked satch- I ' . el in the room in which his father . expired. Later on , the will was I admitted to probate and Joseph , Jl as executor , entered upon the administration - , . ministration of the estate. This ff I will } ] gave him most of the estate . J . and there was much dissatisfac- ' 1 i I I , tion among the other heirs , as , . the testator had told many people i ' themselves included , that he had made a later will which would do justice by all. In fact Joseph was informed in S1. Louis within , _ a week after his father deid , that he had made a will in that city within a year and a half of his demise , and that it had been wit- nessed by the manager and the clerk of the hotel where he was , stopping the time , and where he had been in the habit of passing - . : : . ing the winter for a great number - . bel' of years. ' 1 ' liis information , t' . . Joseph is charged by the disinherited - " herited family , with suppressing , ' Sand is the foundation of the long i and bitter litigation that has fol- , lowed. " \Vhen it was known that it 1 , . could bc proven that a later will had ' been made , a suit was insti- . / I ; r 1" J , - ' . . - - - , ' " tuted in the county court to an- nul the probate of the one Joseph said he found in the old satchel. The case was heard and decided against the contesting heirs. An appeal was taken to the district court wher a like result followed - ed , and from thence an appeal was prosecuted to the snpreme court. Judge John rPhompson : of Grand Island ( one of the dis- trict judges of the state ) had been called in to try the case , and decided the case against the con- testing heirs on the ground that the'testimony did not satisfy him that a later will had been made. But the supreme court , while it affirmed the judgment of Judge Thompson , did not do it for that reason , but because the evidence did not sufficent1y prove that the will made at St. Louis contained a clause expressly revoking all previous wills , and as that will , could not be produced , or its con- tents proven , it was impossible to tell whether it revoked the Rube will by reason of a different disposition - position of the estate or , as the lawyers say , by implication. The supreme court said ' this : " \Vithout going into details , we may say the evidence produces a strong conviction that a will of some sort was made at St. Louis. " vVhile the case was pending in the supreme court , the contes- tants , by a strange combination of circumstances , discovered the person who wrote the St Louis win for the elder Nliles , and at once filed a petition for a new trial in the dish iet court. This proceeding is provided for in the code of that state. The hearing on the petition for a new triill was commenced before Judge Thompson of Lincoln in January ; 1902 , and might have been con- cluded in a month , but by hooker or crook it was delayed for nearly two years and finally decided against the contestants. Judge hompson , however , changed his mind in one very important particular : "I am forced to find that a later will was made at St. Louis " but proposed to disbe- lieve the witnesses when he said the St. Louis will contained a clause expressly revoking all previous - vions wills made by testator .M iles. From the decision denying a new trial the contestants again appealed to the supreme court , and for the first time the whole of the case is before that court , and when decided will practically end this acrimonious legal battle. The appeal was lodged in the upper court last January , and on motion of contestants was ad- . . - - - - - - - - - - Reavis i. C Abbey , . , t t I A Quiet Flirtation " _ % - - . . r . OB..JEC'"f = = Innocent Amusement RESULT = = Sometimes matrimony . and then comes furniture and this is where we get interested. - - . - - - - "It is the way I of the wise" to buy I the best goods for : I the leHst l11oney. i We have the I only cOlllplete line of furniture and floor coverings ever carried in the county. Straw matting I 12 to 60c ; all wool Ingrain carpet 50 I. 50. . . . to 75 cts sewed ; J Linoleum , 6 , 7 Yol and 12 feet wide 50 to 65 cts , laid. Some of our dea signs will certainly " " Iy interest you and the quality and prices are right. ' ' ' a t fie - _ _ - 9 avis&Abbey . - - I . , ' - . ' . " " f' , , - : . vanced 011 the docket and set for hearing on the 19th' of April. Before that date wa reached Joseph 1\Hlcs moved to dismiss the appeal. 'l"hat was heard and overruled and leave g-iven.him to file briefs by June L and contes- tants to file reply briefs ten days later. 'Ve arc now informed that Joseph 1'1iles has filed another motion in the case , and for time to abstract the testimony and1 file briefs. The court , however , will hardly permit further delay. Missouri Pacific Railway Time Table , Falls City , Neb. NOR'fII No. 51 Omaha and Lincoln - Ixpress . . . . . . . . . . . . . . . . A 2:2S : a In No. Omaha and Liiicoln8:35 : a 111 o. 57 Omaha and Lincoln passenger . . . . . . . . . . . . . . A 2:48 : p m No. 233 Local 1 ' reiglit , u- hurn . . . . . . . . . . . . . . . . . . . . A 1:10 : p inn SOUTH No. 52 Kansas City and St Louis and Denvcr . . . . . . . A 3:47 : a 111 No. 58 Kansas City and St. Louis and Denvcr . . . . . . A 2:48 : p 111 No.50 Worlds 1 ! + air special. _ 8:45 : p m No 232 Local , tchi son. . . 10:30 : a 111 No. 220 tock Freight , Ili- awatha . . . . . . . . . . . . . . . . . . A 9:52 : p 111 . Daily. B. Daily except Sunday. " J. n. VAR N lW , gent. . , ' . . . . - Cured His Mother of R.heumattsm. "My mother has been a sufferer for many years with rheum a tiStl1 , I says \V. H. I-Ioward of IIusband , Pat I presented her with a bot- tle of Chamberlains Pain Balm and after a few applications she decided it was the most wonderful - ful paid ' reliever she had ever tried , in fact she i's never with- 9ut it now and is at all times able to walk. An occasional application - plication of Pain Balm keeps away the pain that she was for- merly troubled with " For sale by A. G. \Vanner. Memorial Services. .rhe annual memorial - services will be held at the Brethren church on Sunday 1'lay ' 29 , and the sermon will be preached by Rev. Haskins. An appropriate program is being arranged for Memorial Day , 1'Iay'30. ' Ice Cream. \Ve believe that the people de- mand a. better grade of machine made ice cream and a wider va- rietyof kinds and n vor. \Ve have equipped our establishment to meet this demand.-D.\V. Sowles.