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8 THE OMAHA DAILY BEE : TUESDAY , MAY 18 , 1886.
A BIG LAW SUIT SETTLED Judge Neville's ! Ruling in an Important Beal Estate Case. HE FAILED TO RECLAIM HER. . j Found Dnntl In Hod The For cry Cases Dlnck mill Yellow Hall Notes niul CJcncrnl City News. Neville's Decision. Judge Neville yesterday rendered nn Important decision \\lilcli terminates a lltl- gallon affecting the title to the 1'ntrlck ml- dltlonsto tlio city of Omalm , as veil as a larRO amount ot land mljolnlntr the same. The real estate linolvnl In tills litigation is valued at present nt over s : Xooo. ) This is ono of tlio most liiiioilant ) law stilts ever de cided In this county. ilnttliuw Carroll pre empted this land In IWU. Ills pre-emption was cancelled by the "ocrelary of dm Inteilor In wa.but Ids wllt and chlldien rcnmlned npon the land for thcneilodof ten jears from that date , and , niKl hcncu claimed to own the land by \ li tun of the statute of lim itation1' . Patrick acquired hlf title by a war ranty deed fiom Sophia I'hii'tii.v , a half-breed Hloux Indian. Shu hnd located lialf'biecd scrip on this land in Ifcfll. In Ib&l she lo co vod n patent from the government for the land , when she convoyed it to 1'ntrlck. Tlio land beliiK with the corporate limits of Omnhn , the question niosons the legality of the location , and In INK ) nn art of coup ess was passed continuing the tltlu In 1'atiiuk. I'atilck , by thu way , had located on this land In Ib"i7 and after ho had pone to tlioarln IbGL the Cailolls jumped his claim In his absence , and when ho ictunu-d ho tound his house L'one and ho hnd no place to live. The Ciiirnlls began their suit in oji-rtniPiit torepo\er the property from IMtiiuk. The attorneys for the Cnnollst > io cowln ; , Con- neil and Kstabrook and the attorney lor 1'at- rlclc was J. L. Webster. The opinion of the cou it Is as follows : Daniel Cai toll , Thomas Can oil and Mathew Cm roll by lilsncxt frhiiid Maiy U. ( ioimnn , plaintiffs. \ ? . M\tie\\.son ! T. I'.itiInk , delen- dant : Tito plaintiffs sue In ejectment to recover a laigo tiactof land lying within the coriioiat ( ! limits of Umaha. Tlio rather and mother of the plaintiffs to gether with some of these plafntlll's then mlnois , unleied upon the lands in contio- verrtv In .Innuaty 18iW , and nt ( era low j eais .Matliew Ciiitoll , thclathcr , died and his wife and childicn continued to IIvo upon the hind until utter January ibTS. While Ihe land was being so occupied those plaliitltls wcio nil mlnois. and after bi'Uiij upon the land tor moio than ten je.us they ab.imloncd or null the premise-i , and the plaintltrs now biing this action of ejectment for possession. The plaintiffs Hist claim title by tenson of aiUeiso iiossesslon lor iiiotothnn tenjeais fiom the time of tiling the laud tind cnteiinc upon the land under the pie-cinplion laws of the United States gave thorn a good title and fiiicli as would btistain n light ot action by ejeotnient. No patent was overissued to the patents of tlieso plaintiffs , Out on the cnnti.uy a patent was issued to ono Sophia Felix In ibW by reason of her location ofceitaln Sioux Scrip npon tUu land In November issi and she and her liitib.iud conveyed to M. T. I'.itiiclc the present dotendaut.l The defendant Patrick by reason of a de cision ot Justice Miller ot the United States supreme court sitting as anise piius iuduo thought it best to place his title beyond dis pute , and therefore secured tin act congress to conilnu the title In himsull so that defen dant claims title , by leason of the location of the Sioux sciip nnd by reason of confirm atory act of congress. Hind lioiu the testimony that on thoSlst day of November , 1KH. ono Sophia Kellx made n location on tlio land In contnncrsy by half breed Sioux Indian scrip , and that on thoSTth day of Match , IbOS. the secretaiy ot tlio Interior rendeicd an opinion that the en try ot Sophia KelK'npon the land in contro versy was valid anil directed a patent to is sue in her name lor the lands in dispute , and that on Julv nil , IPThi , and in pmsuanco ot the dhections of the secictary of the in- tci lor a patent was so Issued ; that on July SHIi , 18TJ. Sophia Felix , who In the mean time had Inteimairledlth D.uKl Camellc , convoyed the land In controversy by their deed of wairanty to Mnthowson T. Patrick , thodofondanf Hint in the year Ib75 , the de- fundantont Into the possession of tlio piomises , and lias since continued to occupy the same. I lurthcr find that the lands in controversy weic Included within the coi potato limits oC the city of Omaha , under its charter of 1858. A question having arisen as to whether said lands wcio subject to pre-emption or loca tion by reason ot tholaet that they were so within the incorporate limits of the city of Omaha , and act of congress was subsequently passed confirming the title to tlio lands In coutiovcrsy to the poison holding by deed fiom the patentee. I further tind that In the month of August , 1W5S. the present plaintiffs tiled In this court n bill in eouitv against the defendant , Mntliewson T. I'atrlck and othcis , in which Itwns sought to confirm the title in tlieso plaintiffs , nnd prayed that whatevei title ex isted in the defendant , Jlathowson T. Pat rick , should bo dcciced to be held In trust lor the plaintiffs and that ho bo directed to con voy to them. To this bill In equity the defendant , jMathCNVbim T. Patrick , filed an answer , avei- rlni ; tltlo in himself and asking nllhmatlvo relief. Atterwards , on thollrd day ot July. IbG'J ' , this cause was submitted to the court upon the recoul , and the coint cntcied its < io- cit'O tli.it said action bo dismissed out of this court "with preludico" to any fuither action. The couit Iinds , as matter of law , that a de cree of this court dismissing the bill in equity with piejtidleo to any turthrr action aswrts done in this case heio icfei led to , with the pleadings standing ns thov did , Is n bar to the claim of such plaintiffs In this suit ns have not within ono year after majority en- teied suit to vacate said decieo and had the same vacated. In Dutaiit vs. I > fsex Co. , 7 Wall. U.S. 107. tlio couit says : "A decree dismissing a bill In equity , nbsolnto In Its terms , Is an adjudication upon the mciitsof the eontrou'isy and constitutes a bar to any fuither litigation ol the same subject between tlie snmo parties. " " 'A decree of that kind , unless made bo- rauso of Bomo dulcet In the plea for want of Jurisdiction or because the plaintiff has nn equitable lemedy at law or upon sonui otfier grounds which does not go to the merits , is a ilnal'Jcteimiimtlonol tliucontiovcisy. Wncio words of ( vualllicatlon such asltliont prejudice' , or other teims Indicating a lighter or privilege to titKo Imtlier local pioceiullngs on the subject , do not accompany tlio decree , It Is presumed to 1m on the mei Us. " ilniro\\healo Tuttle , B Allen i77 ! , JJIgolow vs Windsor. 1st. ( ! ray SOI. Footo vs Uibbs. 1st ( Jray 41' ' . The plaintiffs claim that the adverse pos session \\lilclithoynndtlielr parents had , gnvo thorn n poi feet title. This they claim by leason of nn alleged aiiiille.itlon ot the doc trine ot iclatioii , nnd It is heio claimed that n patent having been Issued to Sophia i'ullx. that the Htatuto begun Id i tin asaiiibt lior and tier gmntoes not tioiu tliod.ueof and issu ance of the patent.Lnit nom the time \\lnm the scrip was located by Sophia Fellv , upon tlio land. This iiMsonlng is upon tlio concession by the attorney lor plalntllla tor puiposes ot argument that the patent conve.xed n tltlo to Felix , had not the statute i tin against lief and her grantees , it Is sufficient answer to this argument to say that thu United tltntes sti- pieinu court In the casoof ( ilbbons Chan- lean. \Ynllaco IB , decided pointedly , that tliodoetilnoof lolatldii hail no application to n patent ot the United.Statcsso as toconshler the patent us giving title at n prior dnto to Its Iss'uo in such manner as to cause the statute of limitations ol n slate to Intervene nnd cut olE the person or Ids grantees to whom the patent Issued , and thu eonit In that case say that the statute of limitations of n state can only begin to inn fiom the date nnd Issuance ot tlio patent : so if this iiatent to Felix con voyed tltlo then no mmnso poslosston on that point Is good ns ten yea is did not elapse from the Issuance of the patent until tlio close of plaintiff' possession. Hut It Is claimed by plaintiff's attorneys that the location of the Sioux seilp passed title Immediately to Felix nnd no patent was necessaiy nnd that as tltlo passed Instaiiter upon location ot scrip , that the ndveiso pos session of thoCnuolls begun ruuninir nt the tirst act of location. This Is claimed for the alleged reason Hint thu net piot Idlng for the locution of the scrip did not provide tor a pa tent , but by its terms passed title uhon the tciIp wns located. This argument Is upon thu admission for argument s sake , that the s land was subject to such lo sition although \\ithln \ the cornointi ) limits of Umaha. Tim net 01 confess did not piovlde for the Ihsuaroo ot n patent to the half.lneedhen located , but the net pun hies for n location of the tcrip , which net of location is to bo evi denced to the executive dep.utmcnt of the Koveinmeut befoio the title will bo dedaied There Is something for the executive branch of the United Slates to paw noon , to- wit : thd fact of n locAtlon by n proi > cr person with proper authority to so locate. There still being something to bo done both by the locator and the government , the net of con- cress ( though not In wotd requiring a pa tent ) by Its whole context , makes n patent necessary. There Is no paper shoit of n pa tent that passes legal title from the govern ment where the act convoying the lana lca\cs some matters of fact for the executive to pass upon , so that until the proper evidence of these fads nro traced to tlio head ot the exec utive department nnd a patent issues , no le- gp.l title passes by tlio serin act , nnd the adverse - verso possession did not begin until the Issu ance of the pntent , which makes the adverse possession only about nine years. If the net of congress providing for the scrip hnd left no matter of fact to tie passed upon the executive nnd no provision for n patent then the tltlo uould have passed by the net Itself If t'lo land was sufficiently de- sci ibed , which could not bo In this caso. IJtit ns before stated 1 Hnd ns amntfcrof fact these lands \\ero at the time of said pre emption and location of scrip , lying within the coipotato limits of Omaha , and thcicfoio as n matter of law , I Hud that s itch lands \\ero not subject to pre-emption or location by the scrip. This question \\as fully de cided by Justice Miller of the U. S. supreme court in the case of Hoot vs. Shields , 1st. Woohvoith rep. ! Hi. The leaiiied jndgo hero holds that the lands \\lthln the eorpo- ate limits of a cltv are not subject to pie- cmptlon and tlrat decision Is satisfactory to lids couit ; nnd If Itero not , It being n de cision constating mainly a Icdcial act nnd by so able a ledeinl judge 1 should haidly feel like disregarding It. It leaves , then , the question , If both these locations vveic Illegal , vv hethcror not the con firmatory net of congress passed in IbOO , giv ing a title to thu lands in question to the half breeds nnd their grnntees where the land" then locntcd weio within the corporate limits of a city. This net claims to nfllrm a title , nnd It Is claimed by plaintiffs' jiltoinoy Hint the net does not hnvo Hint effect 1 do not sue \vhy congiess has not the nu- tliorlty to con linn a claim of title \\hleh would bo no title by reason of a prcoxlstlng statute. The effect of thlseonflrmatoiy act isle lo desttoy the opeiatlon of the old pio-i'iiiH ] tlon act so far as It effects these lands when filed upon under the scrip net. That is , It was an act to exempt those paitlciilnr lauds iioin the Invalidating terms ot all in lor nets which prohibited lauds In the corporate lim its of Omaha to be filed upon by u > o of Sioux sci Ip , w hero a patent had alieady been Issued. The title was In the United States until this conllimatory act was passed and ap proved. The United Stales congress could give this land to whomsoever it pleased , pio- vldlng in so doing theio was no constitu tional piovislon in ( ho way. There weio no vested lights in the way .so far as Iho Cairolln woio coin-pined , ns llielr pre-emption was piohtblted by the very act ol conmess under which they tiled. It was then optional with congiess to hold it or give it to whomsoever they pleased. The patent having been is sued to Follx.cougressby the confnmatory act sawptoper to decline the title in Felix and herginntees. Tlio nttoineys for plaintiff say the confirm- ntoiy net Is no piesont giant of the land1 ! . I cannot so see it. No ono can can read the two acts which puipoit to confirm the tltlo without concluding fiom the context of the acts that congress intended then and there to convey title to Felix and hcrgianteos. No paitieular woids aio necessary in nn net ot congress to coinov title , ns in a deed ot conveyance. It Is sufficient the land be ing descilbeil , that a falrconstuictlon of the language used makes : i irrnnt of the land , and this act so granted the hinds to Felix nnd nssigns. Theiefore judgment must bo leturncdfor the defendant. NOTKS. The following cases were disposed of yesterday : Ley ! M. Bates vs Philip Gotthcincr. Continued. The May term commenced yesterday Judge Neville presiding. James North ys William S. Peabotly. Continued by stipulation William G. Hobutml ot al. vs Rudolph Trossen ct al. Continued. The criminal calendar will bo called ono week from to-morrow. In the matter of the guardianship of James C. Jsh , aminor. Continued. D. Carroll ct al. vs M. T. Patrick. Finding for defendant and judgment. In tlio matter of the guardianship of Charles Athans , a minor. Application dismissed. 15. Hestion & Co. Manufacturinc and Mercantile Corporation vs. lludolpli Trea son. Continued. Anton Vravda vs John Krank. Defend ant to answer in thirty days and case continued by consent. Henry Wahll , arrested on peace war rant , was discharged to-day at the re quest of the district attorney. Tlio case of Lafayette Powell , charged with the murder of Leslie at Florence , will bo called on Wednesday of next week. The bailiffs of the court for the present term , as approved this morning by Judge Neville , arc J. N. Phillips , Henry Grcbo , Frank Handhatier and Louis Urubo. Juilgo Neville said that ho never had so few applications from called jurymen to be absolved from attendance. Ho ex cused but four , MI-SSI'S. Piokard and Hen ry Nester on account of sickness , C. O'Leary for three days and Froil Dellono for one week. P. Tarpy has boon occupying a part of the building on the northeast corner of Thirteenth nnd Dodge streets. Hans Young has also occupied it and paid rent ior it for a month back. Yostordap Tarpy toiind his goods moved out in a mysterious manner. Ho claims to suspect Hans as responsible , and Hans claims to know nothing about it. Ho therefore prays for an injunction to prevent Young from making any further improvements. A number of appeals were taken from verdicts of the last lorm , among thorn that of McGavock , who objects to the finding of $100 in favor of Voss , tlio ar chitect , for plans prvsontcd. General O'Urien ' also took a number of other ap- peals. _ _ _ JinII Notes. General Manager Call n way , who ar rived from Chicago Saturday night , said ton reporter for the Hii : : yesterday , that while in that city ho had conversed with officials of several 'of the roads with re gard to Omaha'a proposed union depot. " 1 think that the Hook Island , and Chi cago. Milwaukee it St. Paul nro sure to enter into thu sehomo , and although I could not sco Mr. Hnghitt of the Noith- western , who was out of the city , I believe - liovo that his road will also eomo in. Mr. Potter of the Hurllngton also conversed with mo on the subject nnd promised to lay the matter before the board of direc tors. I think that his road will very prob ably go into the scheme. . The cost of thu depot , ground , tracks and all complete will easily approximate $1,250,000. This amount win probably bo covcrod by bonds , to bo taken up by the dilli-rcnt roads using the depot. " Mr. Callaway said tttrthor that no stops could bo taken towards building the depot until the now freight house of the Union Pacific was provided for. The lots on Loavenworth street , on which the now freight house is to bo built , is under lease to Mr. Wakeliold until Fobrutuy next. An effort is being made to bccuro the land at once , so that work may com- menoo without delay. OMAHA BltlllGUS. Chicago Times : It is now understood why a second railroad biidgo is being built at Umaha. The Jowa roads now ter minating at Council Hlnlfs , the Chicago , liiirlinutim & Quinoy , the Chicago. Hook Island A ; Pacillo , the Kansas City , St. Joseph - soph & Council IHiitls , Iho Chicago & Northwestern , the Chicago. Milwaukee & St. Vaul.tho Huilinglon & MissouriHiver , and tlio Chicago , St. Paul , Minneapolis & Omaha , desire to run into Umaha , but on account of the charter unuor which the Union Pacific bridge was constructed wore prohibited from xlolng so. Under the now arrango'ment tlieso roads will bo associated wiUt the Union Pacitlo , and will run their trains into thoucfr building as soon as tlio bridge nndcr course of con struction is completed as to permit their crossing the river. NOTES AND I'KUSONAtS , Samuel DoHovv. manager of the Cali fornia Fast Freight line , is in Umaha. T. L. Lyndo , of Chicago , traveling passenger agent of tlio Union Pacific , ar rived in the city yostorday.T Kockvillo , a now station ott the Lonp branch of the Union Pacific , will bo open for freight and passenger business on next Wednesday , the UHli lust. Andy Dordcn went to Lincoln yes. tcrday. Thirty-nine of the western strikers of the Union Pacific wuro discharged on Fri day , and thirteen of them passed through this city. They vvero very angry young mon nnd called on Conductor Joe Hums , of this city , and wanted to do damnpn to somebody bccauso thu brakemen hern had not "gono out. " They wore informed that the men hero were satisfied with th'jir wages , and if the western people had waited for them lo strike , they would not now have lost their situations. The mild answer turned away wrath , and the dissatisliod men look trains east lo their homes. lie Failed to Koclnlm Her. Jerry Buck , a well known brick mason of Ihis city , was arrested by the police early yesterday at tlio corner of IvMnth and Douglas streets , for disturbing the pcaco. IIo was put into ono of Iho cells at the central station behind the bars of which ho lold his slory lo a reporter tor the Unn. It seems that on the nth of Marcli last Buck married n handsome woman , whoso life , however , for four years had been a degraded ono. Her nan > o was Nora Hornard , and when she changed it to that of Mrs. Buck , she did so with Iho ex press determination of completely re forming , lluck bought n house and filled it up in good style and the two settled down to Housekeeping. Everything wont smoothly for a time and it really scorned as though the woman was re claimed , lint nlns for nil such hopes ! Sunday Mrs. Iuck ? asko.d her husband for some inonoy and obtaining a few dollars she started out with a woman neighbor to have a good time. She be came intoxicated , and left her friend for a burly coal-black negro named Henry Thomas. She did not return Sunday Early yesterday Uncle commenced a search for his recreant spouse , tind about 8 o'clock discovered her in company with tlio negro in n house on Ninth and Douglas stiects. Ho raged and stormed around , but his wife refused to return to him. Finally ho concluded to telephone for tlio police to have tlio guilty imir arrested. The patrol wagon responded to the call promptly , but when the olliccrs arrived on the spot they concluded lo arrest Unok , as ho appeared lo bo lee oxoitcd lo control himself. "I tried to lift that woman dut of a bait life' ' ho said to the reporter as ho finished his story "but it was no use. She is too wicked. Hut I am bound lo have her and that man sent to the peniten tiary. ' , The Forgery Cnsc j. Frank Popploton and William Kennedy , alias William Kclour , who were arrested on Saturday for forging largo order.- , for goods on Tootle & Maul , Vinyard & Schneider and Robinson & Co. , arc still in jail awaiting preliminary examination. Kelour is a boy of but II ) years of ago. An effort is being made in certain direc tions to implicate him as the principal in the crime , through the evidence in pos session of the police makes this a some what difficult matter. The olliccrs in charge claim to have proof at hand that others besides Poppleton and Kclour were at least indirectly implicated in the wholesale forgery scheme. "I can't taJklo you about this thing until I have seen a lawyer , " said Kclour to a rcportprfycstordtiy : "all I have got to say is that I am hero without friends or money , and I am afraid I don't stand more than a ghost of a show , when in- tlucnlial iclativcs of Iho other men _ im- plicalod are trying to saddle the crime on my shoulders. When tlm limo comes , I am goin" to open my mouth and toll a few facts. ' DAlr. Koch , of Tootle & Maul , is author ity for the declaration that "a son of a prominontcili/on"is ! not , as stated on Sat urday , mixed up in this interesting caso. The plan on which these sharpers op- crated was to forgo orders for goods from ono wholesale house or another. Printed blanks vvero used lor this purpose. The amountof the goods thus obtained docs not exceed floO. Late yesterday MY. Koch appeared in police couit and filed formal complaint against Kennedy , alias Kolottr , and POD- plelon for forgery. Uluclc null Yellow. The otherwise dry police court proceed ings were enlivened yesterday by llio trial of a negro , James Garliold Hutohin- son , known as "Chicken Jim" ( on ac count of his penchant for hen roosts ) , for assault upon a Chinaman named Ah Gong , The Celestial appealed in court with an interpreter and a head which was covered with several thicknesses of court planter on a spot where the negro had dealt him a heavy blow with a cano. "I tells you how it was , jedgo , " quoth James , " 1 mot this yer Chinaman an' 1 says to him , 'Hullo , John. ' Then ho kind o' looked queer at mo nn' ho says , 'Go longco. you Moltcnn . ' T'liun ho made a rush at mo vvid n knife or re volver , an' of co'so , 1 has to defend my self , KO I tips an' hits him will do cane. " "That not so , " broke in Iho Chinese in- torprotor/'China boy ho no talkee to yon at all. Ho loteo you alono. You hitoo him wid cauc , ho no do anything to you. " The injured Celestial rubbed the in- jincd spot on his head , and ruefully nodded assent to those ntturancos on the part of the interpreter. The jabber bo- tweeii the negro and the Chinaman con tinued for several moments longer greatly to Iho edification of the crowd in the lobby. Jndgu Stonbcrg settled the matter by lining "Chicken Jim"$10aml costs. A bland smile broke over the faces of Iho two Chinamen and they loft the court room. Found Dead in Iletl , , Henry Solomon , n colored man , was found lying dead in a pool of blood in his bed at his boarding house , 213 North Twolftt street , iibotit 10 o'clock yesterday Coroner QDroxol went at once to the piaco and made a careful examina tion of all circumstances surrounding the sudden death. The case was undoubtedly one of hem- morhngo of the Jungs , as Solomon has boon ill for some days with a severe cold. This morning iio appeared to bo somewhat , better , though unable to get up or go to work. Ho ordered his break fast but did not come down to eat it , The housekeeper thought this strange. and going into Solomon's loom found him half-sitting and half-lying on the bed , his face pressed against the quilts. Ho had evidently boon soi/ed by an attack of hommorhago , and falling on tlio bed face downwards , smothered to death. No inquest was deemed necessary by the coroner. Solomon came hero a few weeks ago from Kansas City , whore ho has a wife and child living. He has been sick most of the time since his anivnl in Umaha. Up to the time of ins death ho was em ployed as porter in Parker's barber shop on Twelfth and Capitol avenue. BuslnesH. The bank clearing * yesterdayday were $710,711.74. Stccil.l Fleet nstlic AVInrt. Un tlio 2d nnd 8d of July , the exhibit of the Nebraska State Uroidcrs' ' associa tion will bo hold in thli ciy at the fair grounds. This will bcl tlic second dis play made by the society , the other h.iv- ing been at Lincoln at the last state fair. The association intended to offer $ GOO in premiums to its members , for the best displays , but certain citizens agreed to raise $500 of the amount arid give it to the association to indncotthem to hold their exhibit lioro. The .offer was ac cepted , nnd accordingly the men who have had their beauties nominated are taking up quarters at 'the grounds. There are hlty-slx entries , thirteen of thcso are two years old , ten in three nnd four years old , live in live years old , five in the free tor-all , nine in tlio 2:15 : stallion class , and four in the pacing class. Besides the $000 in premiums to bo given to the association , there will also bo applied lo this use about $800 which will bo contributed as entry money. The purse thus formed , when added to the prestige given an animal by coining out successfully in n contest whorp the best of the lloclost slock of Iho slnlo is on trial , is siilllclunt inducement to make the interest of horsemen in the show , both deep and widespread. Tlio entries of the exhibitors are pnyal/ta in throe in stallments one of these live dollars has already boon paid- the second of $7 r > 0 is due on June 1 and tlio hist , also of $7.50 is duo a few days before the Fourth of July. There are now about twenty entries on tlio ground , and some of those are inug- nillcent specimens of fast stock. Kd. Pylo of llnmboldt was almost tlio lir t to arrive. He is on hand with the stal lion Calfroy and eight of his colls. This is a magnificent animal , fifteen and three-quarter hands high , weighing about 1,100 pounds , of coalilaok , with u head slighlly lighlor in shade. Kvory limb is in pcrfcol symmetry the eye Hashing with an exuberance of life and at Ihe same limo of grcalost gentleness. Al though not trainetl for the track this stal lion lias madii a inilu in 1:20 ! : } on a half- milo track , and has slioxvn a half-mile in Itl'JJ. Kight of his children are to show themselves worthy of his pai outage at the coining races. Among these are Al. Potter , a beauti ful black , fifteen hands high , two j'cars old , beautiful build , with excellent ovi- ilenee of distinguishing himself upon the true Ic. Dick Wilde , a blooded bay , fifteen and one-half hands high , lithe ot limb and of build. His motion is ono of excellent ease , of the gliding order. IIo has been broken single , but has been driven to the and shown 2:10. : This is ono of Mr. Iiolo 'yle's pets and one which is bound to at tract much attention at the show. . Captain P. is a mahogany brown four- year-old , out of Nanny , -mother bounty and ono giving excellent promises of a future. Jenny Cobb , ono prized most dcarl.by Mr. Pylc. She is out of a full sister of Ma\ov Cobb , Nebraska's well-known stallion , now dead. She is lifteen and one-half hands high , of dipper build , and possessing qualities which make her very valuable. McFarlatul is live years old , with a slight white palm upon his nose which gives him a knowing look. Lida ( . ' . is another three-year old black with shapely limbs and many lines of beauty. Another two.ycar old is Tom MoPon- neil , which , however is not entered. Ho stands fourteen and one-half hands high , is a bay and already has done promising work. H".sidcs , there is Mollie McCaffrey , a gaxollo-liko lilllo creature , with willowy structure , strongly suggestive of that of certain queens of the turf. She has be come a universal favorito.iand half an in terest in her lias already.boon disposed , although there is no chance to enter for display at the forthcoming' mooting. All in all , tlm ono of most interesting and valuable line pt young fast horses that has ever been in our stables. They are all Nubra knns and their success will give an impetus to tlio breeding of fast horses which must inine to the advan tage of the state. A reference to other ilyors at tlio grounds must bo deferred till later. Tlio New Home ( or the Dead. Un last Saturday afternoon the trus tees of the now Forest Lawn cemetery in company with thu landscape aitist , Hen- haw , went lo Iho giomuls of the associ ation , immediately west of Florence , to determine the part they would lav out for tlio commencement of the new resting place for the dead. The gentlemen com prised Dr. Denise , S. F. Josslyn , A. P. Wood , K K. Long , J. Howcn , Jas. For- syth and Dr. Woou. The ground was carefully inspected , the designs submitted by Mr. Ilonshavv considered , after which it was decided to begin work on the most southerly and easterly fronts of the projieriy. Those face Omaha and the Missouri respectively. They comprise eight acres , and will bo laid out in a most beautiful manner wilh walks , drives and lukoa , the water of vvliici ! latter being ob tained from a stream meandering through the grounds. A Jjouo nnd Tcrrll > lo Death , A man was'on Sunday found dead upon the Union Pacific track near Millard. Ho was cut to pieces. When or by what train ho was run over , couldn't bo nscoi- laincd. It is supposed that ho was rid ing on a train , and fell oft' and was ground to pieces. No 2 , overland pas senger , Sunday morning was detained in consequence of the accident , the coroner ner refusing to allow it to pass over the remains which lay on the track during the inquest. The deceased was ( J. II. Howe , formerly a member of the Cigar Milkers' Union of Council Hlulfn , and more recently of Hiirlinglon , Iowa. The president of the latter was telegraphed to know what disposition would bo made of the remains. Police Court. The court business disposed of by Judge Stenborg yesterday was of mi unimportant character. Nine "drunks" were arraigned , threu of them being lined $5 ana costs and the ( others being discharged. Chas. Holler and Lewis Svvinehart had become involved in a light in a street car because onu of them in walking up the aisle had 'trod on the other's toes. They paid a line of ? 3 and costs each , John Thompson nnd William Grillln , arrested for lighting out at QCesslor's hall last night.were lined thu tibiial amount , upon payment of which they were re leased. National IMiittdoutacIicrs. Umaha is to have another convention , this time a national ono. It will bo that of the Plattdeulsehorsverein. . it will convene on July 15th and continue until the lUth. In connection with Iho busi ness of Iho association there will bo an unusual amount of festivity and rejoic ing , llnscall's park has already been secured for the ont-tloor exercises , while the exposition building will bo used for tlio others , Hesidos the delegates there will bo n number of Plnttdentselio socie ties present with a largo number of members , for which the committee of ar rangements are now scouring special rates from the railroads. A mat our Ken Men. The Umaha Heat club has opened the season with some commendable prac- tico. It nopes this year to raise higher in the scale than that of mere private and athcletio association. With this end in viuw , it proposes to F. N. Connor and J. lirovvu , to cuter the double scull race in the Mississippi Valley association , whlcl meets In Moline , III. , about the middle o Juno. There are many people who think the pleasure of the pcoplo nnd club members , as also the advantage of the latter would bo effected if the orgnniza lion were to hold somi-montlily.or at least monthly regattas on their lake. Upclt's Hotel , Lincoln. Neb. , opened March 15th , first class in every respect Absolutely Pure0 Tillspowdornovcr vnrlo * . Amaivolof puil- ty , ationulli , m \vHilo I ] = < ) iiiiiop . Moio ecou oinlciU tliim the onllimry Mmls iinct cannot bo sold in competition \\ltli the mitltltitilo of low tout , short velitlit , nlum or nhoiphuto pomlris , Bold only In cans. Itovu. U VKINQ 1'ovvnuit Co. , 4MWnllSt.Now ( York. Best Goods in the Market 'd , III. Ask for our eroods ami sco that the bear our trade mark. DEBILITATED HEN. You nro allowed a. free trial ofthlrtv days of the usa of Dr. Ujo'i Cclpbrateil Voltaic Belt with Klectrlo Sus pensory Appllani-cp , for the speedy rrllrf nnd per. manentcuroof. A'crtoun Debility. loKaof Ttfa/ifi/ntul / A'an/wort , null nil Llmtred troubles. Al o for manj other diseases. Complete restoration to Health , Vlcor , und Manhood cnaramcnl. J > o rlskts Incurred. Illus trated patnnhlol In Ftalrd cnvflnps mailed frop. ny au- ' ESTABLISHED 1870. LincolnSteamDyelorks W. D. ROBERTSON. Prop'r. O.llco . No. 1103 O St. , Woiltrt S.E. Cor. V. i Otli. Lin coin , Null. Gouts * do thins Cleaned ami It linked. DELEXEI. & MATT ! . , ( Successors to J. O. Jncoba , ) UNDERTAKER S , AND EMBALMERS. At the old stnnd , 1407 FainnraSt Ordora by telegraph fcolIclU'J anil piomplly uttondud to. Tulculiono No. ' . " " ! _ T3th SI , Cor. Capitol Avenue , Tim TUB TJIEATMrNT OP ALL Chronic & Surgical Diseases. DR. McM EN AMY. Proprietor. hldicnjfaiH' HiMliltul niul Vrlvato I'ractlco We have tlio facilltlcti , nppnratn ? and remedies for the successful treatment of cmy form of dig. ca o rtniilrliiK either medical or surgical treatment , nnd Im Ho all to coma uud Invibtlgatu fur themeeh ca or correspond with us. J.onjj experience In treat- In ? canes hy letter enables ua to treat many cases Ecieiitlflcally without seeing them , WIUTU rOH OIllOUI.AH on Deformities and nrnceis Club Feet , Curvatures of the rJpltie1 , IliHiunEB of WOMEN , Piles , Tumors , Cancers , Catarrh , Bronchitis , Iimalutlon , Klcctrlclty , 1'arnl- Vflu , Kpllcney , Kidney , Kju , iur : , bklu , Blood ami nil surclcal operations. UntlcrleH , Inhalers , Unices , TriiKM'H ' , and nil l.lnds of Medical nnd Surgical AppHaucie , man ufactured and for Kilo. The only reliable Medical Institute making Private , Special f Nervous Disease ; , ' ' ' . A KI'KCIAIA'Y. AM , CONTAOIOU8 AND JILOOI ) DISEASES , from ttliatuvercniipoproducedeucumfully treated , \\'o can rcmoio Syphilitic nolton from the tjetcm without mercury. New re tornti o treatment for lots nf \ Hal power. Aff. COMMUNICATIONS OONl'IOKNTJAI. Call nnd consult na or tend name nnd posMiii'Ko it < lilr ( . i plainly rlttcn cncloeo etamp , ami c \\lll \ fend \ou , In plain urappir , our PRIVATE CIRCULAR TO vroN 1'mvAiu , brtciAi. AHU NKUMJCS St.MIS'.U , WlAKNCS * . HrEr.MATril ; < lll cv , Strums , ( Icwanimmt , ( Jtrnr , YAiticoru.ii , fiTIIK-lUIlK , ANC AIL DI-TABKS ( U < TUB OeNlTO- UniNir.vOituANp , or mid history of jour tasufor an opinion , J'eruons nniblo tol.t us may bo treated at llielr homts , by coirefjiomlcnce. Akdielncjnnil Inttrir inentH tent by null or express HKCUHKLY 1'ACK ED rilO.M OUSHItYATlON.no marks to Inillcalt contents or render. Ono pcmnnal Interview pro- fericd If convenient , Fifty rooms for tlio uccoiu. nioditlon of patients Hoard nnd nttendanco at reasonable pilcea. Adtlrcca all I.utteiu to Omaha Medical and Surgical Institute. Car. ISthSt snd Canitol Ave. . OMAHA , N.D. Accounts of HankerSMerclmnl | and others solicited. Collections 1'romptlr Mado. S. A. KEAN & CO. , Bankers , ( Successors to 1'rcston , Kcan i Co ) 100 WASHINGTON STREET , CHICAGO. Municipal , 1C. 1C. . Local mill oilier Jtouda. Send Tor l.UU. Nebraska Uatibnlltanl OMAHA , NEBRASKA. Paid up Capital $260,000 Buplus May 1 , 1885 20,000 U. W. YATKS , President. A. E. TOIUAI.IN , Vice Prcshlont \f , II. S. HUOIIES , Cashier , \V. V. MoiJK , U"IBCTOKJOHK S. COLLINS , U.V , YATts , LE 'IS S. UKKU , A. B. TOU/CAI.IN , BANKING OFFICEt THE IRON BANK. Cor. 12th and Farnam Stroeti Oouerol Jlwiklaif UiUlaeM fraaiA3tJl. THE OF SOUTH Fine Business Lots at the South End , and Beautiful Residence Lots ! In the north ciul of this Town. Two ami one linlf miles from the Omaha pos office , ± ,000 s. w ( TnXInp Into consideration the streets ntid alleys ) , And nro sold One Quarter Down , nnlnncclnl , ZnmIS jenrsntT per cent. The Finest Suburban Lots , Mounil Omnhn. 2JOfeet nlioro tlio Mlmourl lllver. Nowhere clsoiiboutOmnlnuro lociul such lomc f lte < for Modest , Moillum orKlc nnt homos. InvetllKitte tlili iinJeeuto porno of thin line tiroportT- Before a Higher Appraisement is made. DON'T 1IKMKV15 u word of bis until TOU Imvo tliorouslily InrcstlK.itcd It. Thru thli property | < only two ami onolmlf mlles from Ouialu'i liustucii centor. Ilinttlionltltuilolahliiti. Tliiitlha location Is bciiiittrul. Tlmt nuiplo trees nro planted on ench rlilo of tlio ftrecu. Thut cnch lot contains ti.KXI pqu.irc foci with 3 } foot all j/ . Tlmt tlio street ] nro SO "ml 100 feet wide. Tlmt there nro six ( lummy tmlnsoicli wny , bc IJcs tlio refill ir tratni. 1 lint tlio street cnrs run to within one Imlf mlle of there. Tlmt the street cars will run thcruthli year. Tlmt the price Is one thlnl Ice than Is asked for proportr the siraoillstineala other illr3tloti . Tlmt the lots nre ono third laritor than most other c That they nre backed by n syndlcato representing f IQ)3,1) ) ) That there liunulro itly lieen eipenilc.l between f 1'JIW ) ) , mil $ ! , ) ) ) ,1) ) ) . 1 1mt thcro Is n line tystcm of miterworkj , furulstilug pure aprliu tratjr. - Tlmt the railways nil coaler there. " ' That Fouth Oiualn Is n town of Itself. Tlmt It hn Its own postolllcc. ' That It li in Us own railway sutlo J. Thut It 1ms Its own newspaper. In Fact thnsTCCryt lilns toraiVn the property the vary bestpvlnzlnvjifnjnt In ncil-Estnta tolir. Look Into It. Examine It Carefully Don't Buy a. Lot. Until yon nro convinced that thcro M no posslblty of Incurring n lo s. Tha himtsomo resldoncojlols nro ono mile this ride ( directly not Hi ) of the UNION S roc 1C YAUDS wucro are locntcd the Imna.cn.so and. Will ch In ten years will bo the TiAItOKST INDUSTHY In the west an I will ma'to property worth per fee wlmt Is now ; islc I for u lot. The drain. IBO of tlio above Institutions Is perfect nnd Howaisoulli from the town THE ABOVE DESCRIBED LOTS ARE SIMPLY PERFECT. Any real estate nucnt will sell yon lots. Mm with horse nnd cirrlngo nt tho.lob.vjonrnnl onico , at the "fcunimlt , " South Oni ih.i , hns rnups ami price lists and Is always rcndy to suun property. For further In- foimatloii limps , prlcu Hats tind descriptive circulars , address , MILLARD HOTEL BLOCK. Omaha , Nebraska. IS Oneof thG Bssb aYt3 LctryBSt Stocks in tliG U.S. to Select from. No Stairs to Climb , Elegant Passenger Elevator C. E MAYNE , # s. w. cost , iniii AV FAHNAM , OMAHA. Propci ty ol cvory ilescritiou ) for sitlc in till parts of tlio uity. l/tnids lor sain In V m Nebraska. A complctu set of Abstracts of Titles of loiigl" * County knpt. ML : tps of the City , State or county , or ttny other information desired furnished rco of elitiryo upon applieation. M. BURKE & SONS , LIYE STOCK GOMMISSIOM MERCHANTS , QKO. , Mnnajror , UNION STOCK YARDS , OMAHA , NEB. HRPEUBNCKS : Jilerchniits' nuit Fai HUMS' Hank , David City , Xi'b. ; Kt-arnoy Nillniml fJanlc , Ki-ainov , Nob. : Colnmbits State ll.tiik. Columbus , Neb. ; .McDonald's JJanlc , Noitn 'Julio. Nt'b. ; Ouiiili'i Xatlonal H.ink , Oniahu. Nub. . . , . , , , , , , , , Will i > ay cubtoiuiMs' draft with bill of ladliu' attached for two-thlids vi'.luo of stock. THE BEST THREAD FOR S EWING MAGHiNESJ [ ml SIX-CORD SOFT FINISH SPOOL COTTON. Full Assortment for solo to the Trade by VINYARD & SCHNEIDER GOLD MEDAIii PABIO , ' 1878. a. ua 57 Warranted alioliitrlu pure Cocoa , from \vblch lhecx o ( Oil Iiaa been removed , It bat thru ttmei the ttrength of Cocoa mliul with Starch , Arrowroot or Suear , end U Ilicieforo far inoro economi cal , totting tttt than one tint a cup. It la dellcloui , nourldblnK , etrcDgllunlnj , easily dljMted , ntnl admirably adopted for Inllda aJ well n for ticreoiw jn biulth. SoIJ Ujr Urucfr eTCryiibero. W. BAKER & CO , , Dorchester , Mass , Vr"AiD &tioT wfc"S'uo Guru without nicill- A POSITIVE clliu. I'litontoi Ck'to- borlO , J870. Ono \mx \ will euro tlio moat obtlnato case In founlays orloii. Ni naiitcoiiB dosoj of cubebs , copalliaor oil of tnndnhvuod Unit uro tcrliUn to proiluto < lyd | > or > - 6Hi by dottiovliitf tlio coutiiui of tlio Btoiuacli , J'rlio81.W. gold by all rtiuwlfct * or mailed ou receipt of l > Uco. Kor furllior l > - rtliilai o"it forciicular. I'.O. lloxl a T. C. .A.Xjrj.A.iT CO. , UIJohnM. . Now Vorlt. J rru , combined. Uuuraiitetcntia 'only 0110 Jntlie worlUt'U > iralli > A * * Wt * 9yrr'r contliiuoui Kltctrti < f Jlaantllt 'Iffffffl' & ' ' . ' . 'rurml. hckiitlllc.l'uwirful. Dmable. \lj//yComfort Mo mid 1 ( TiflUc. ArclU Jreudj. l Orcrd ( Killciirnl. Ml.ilMiunpfoi-iain.LIct. | | AJXI rt.fiiritio in.i/irf roit I > I IAHI.B. Oe. MORHE. ttuEuioa. l Jl WACAJ.I Mi.Crnmta ,