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THE OMAHA fcAffiY BEE : THURSDAY. FEBRUARY 23. 188a
DR , CAM GETS A NEW TRIAL The Lower Court's Decision Reversed - versed on Errors. OTHER INTERESTING DECISIONS. A Bljc natch of Lccal Precedent * In volving Mnny Points of Lnw Handed Wown My thn 8u- promo Court. frnOM THE nEB's MNCOI.X nurtEAU.1 The legal holiday yesterday closed the attitu house for business purposes except the state library and the ollico of the clerk of the supreme court room , which , like n well regulated newspaper office , knows no holiday. The court did not hold a session yesterday but a largo number of interesting decisions were handed clown , among them being a re versal of the lower court in the Dr. Gaudy perjury case from the First dis trict. The syllabi of decisions are as follows : Hlloy v Molqulst. Error from Douglas county. Afllmicd. Opinion by KUCSC , Ch. J. \Vhcro there Is substantial support To a verdict by the evidence , the finding of the Jury will not bo disturbed. Atchlson & No- urtiiKu rnllronu company v .Tones , 0 Nob. , 07. 5J. Questions of fraud are for the Jury to determine , in the light of the circumstances surrounding the transaction complained of as Bhown by the testimony. a. Instructions given and mfugcd oxatn- Incd , and no prejudicial error found. G.imly vs State. Error from Ktchardson county. Reversed. Opinion by Uuesc , Cli. J. 1. In an Information for perjury , It Is suffi cient to clmrgo qcncrally Unit the falsa testi mony wns In respect to a matter inr.tcrlal in the action in which it is given. Duchcr vs Stato. : tOO , O.flt 130. 2. Perjury may bo assigned on false swear ing on the fact In Issue In nn notion , to uny circumstance which tends to prove , or docs prove Mich fact ; hcnco where A. Instituted an notion of forcible entry and detainer against B for the possession of certain real estate , and where it waa sougnt to bo shown by U that ho held possession under C , by virtue of a lease executed to C by the owner of the land , the testimony of C. that such lease had been executed to him but that the original hod Ifccn lost , and Unit the paper presented and identified by him was a copy of such original lease , this , If false , would support an assignment for perjury , oven though it was not necessary in order to its validity that the lease should bo in writing. 3. In a prosecution for perjury , where thu perjury assigned was that the accused had falsely testified that the ownerof certain real estate had executed to him a written lease therefor ; that the lease had been lost , but that the copy presented by him was a cor rect copy of such written lease ; it was. error for the trial court to Instruct the jury that. If they found that the accused testified under oath that the paper described In the Informa tion was a copy of a lease executed to him , that said testimony was material if rolled on as a fact , or that if the jury believed beyond n reasonable doubt that said testimony was falsa and corruptly given , they should con vict the accused ; for the reason that the in structions would tend to limit the inquiry of the jury as to whether the copy described in the testimony was a correct copy of the alleged original lease , instead of directing their Inquiry to the truth or falsity of the whole testimony given by the accused upon the perjury so assigned ; also , for the reason that the phrase occurring in the instruction , "If rolled on as a fact , " rcnderciltho instruc tion ambiguous and liable to mislead the jury. 4. In a prosecution for perjury , the prose cution must prove the substance of the whole of what Is set out in the information as hav- 'ing been sworn to by the accused , and the assignment of perjury must bo proved sub stantially afl luid'ln the information. 6. In a prosecution for perjury , the falsity of the testimony , or oath of the accused , upon which the perjury is assigned , cannot bo es tablished by the testimony of one witness alone. It.mny bo proven by the testimony of ono reliable witness and such corroborative facts and circumstances as will give a clear preponderance of the evidence In favor of the state , If such preponderance excludes all reasonable doubt of the guilt of the accused. Such corroborative facts or circumstances ought at least to equal the testimony of a single witness. 0. In a prosecution for perjury , it is error for the district court In instructing the jury to copy Sec. 155 of the criminal code and inform the jury that the section copied In dicates to them clearly what is necessary and material to bo proven in the case then on trial without further instructing the jury as to what are the material allegations of the Information and what facts ore necessary to bo established before they can convict. State ox rel Wyuka Cemetery association vs Hurtling. Mandamus. Writ denied. Opinion by liccso , Ch. J. 1. The provisions of chapter IS of the ses sion laws of 1SS7 , page 330 , providing for the more efficient management and care of cem eteries and cemetery grounds In cities of the second class and villages , lias no application to "cities of the second class of over 5,000 inhabitants , " as created by article 3 of chapter 14 of the complied statutes of 1SS5. but Is limited , to article 1 of said chapter and . to chapter 14 of the compiled statutes of 1881. 2. Nebraska City being a city of the second class having over 5,000 inhabitants , Is governed by the act of March 1 , 18S3 , ns. amended by chapter 14 of the session laws of 1835 , which act confers upon the city the right to enact ordinances for the purpose of purchasing , holding and controlling ccmo- torics. a. As to whether chapter 15 of the session laws of 1887 is repealed by the provisions of chapter lii , Id. , subsequently enacted , Quero. Ideansvs. Webster. Error from Mo trick f county. Afllnnod. Opinion by Hecsc , Ch. J. A county treasurer is not liable for the I . penalty provided by section 12 of Chap. 03 compiled statutes of 1833 , for the failure to register a county warrant presented to him for such registration , prior to the expiration of ten days after it Is issued , that tini'j bciug given In which an appeal may bo taken by a taxpayer , and within which the county cleric . is prohibited from delivering the warrant. Elsoloy vs. Spooucr. Error from Dodge county. Affirmed. Opinion by liccso , Ch. J. 1. Kent reserved by lease of real estate and not accrued nt the time of a conveyance of the reversion , pusses with such conveyance to the grantee. Every conveyance of real es tate shall puss all the interest of the grantor therein , unless contrary intent can bo reason ably inferred from the terms used. 'J. In the construction of an instrument conveying real estate , it Is the duty of the court to carry Into effect the true intent of the parties , so far as such intent can bo col lected from the whole instrument , and so far as such intent Is consistent with the rules of law. Comp. Slat. 18S7 , Ch. 73 , Sec. 53. 3. On the 20th of April , lb 5 , A. executed to 1J. a lease to certain real estate for a term of one year from March J , 1SST ) , the rent re served being a share of the crop to bo < lo- llvcrcdon or before January 1 , ISsO , Under this lease 11. took possession of the premises. On the 30th day of April , 1S > 5 , and while the tenant was in possession , A. sold the real es tate to C. , convoying the amo by warranty deed , "subject to a lease which expires March 1 , ISbiV" Hold , That C. was entitled to the rent reserved , the limitation In the deed only being intended as a recognition of the rights of the lessee , and a limitation upon the covenants of warranty contained in the deed. Hoogland viVonetton. Motion for rehear \tl \ ing. Judgment modified. Opinion by Maxwell , J. I. Section 29 of the cede Is but a statutory enactment of the rule which has prevailed In courts of equity , that an action must be brought in the name of the party beneficially interested in the subject waiter. A mere us- plgntncnt of a claim , therefore , where the proceed * of the suit are to bo paid to the as signor , will not entitle the assignee to main tain the action. Ho must possess the bcno- Uciiil interest , 'i. Where a claim has been assigned to a plaintiff and ho thereby acquires the legal lltlo but not the bonelleUl interest the court may , where it will bo In furtherance of Justice , upon payment of costs , permit him to acquire the bouuttcial Interest uud proceed with the notion. II. The transcript of the trial court , duly c6rUllcd by the clerk , will alone be recog- Sized by tltis court , as to all matters which arc properly of record In that court. s. P. , E. Jt M. V. K. K. Co. Error J' from Dodge county. Affirmed. Opinion by Maxwell , J , 1. The right of eminent domain gives the legislature the control of private property for public uses , and for public uses only ; and in case of n railway this right is restricted to "so much real estate ns may IK > necessary for the location , construction and convenient use of the rond. " 2. Whore real estate Is necessary for the location , construction and convenient use of n railway , nud there Is a building on such real estate , and the commissioners in making the award of damages In condemnation pro ceedings find the value of the real estate without the building , and an additional sum with the building , and glvo the owner an op tion to tnhe the value of the rcul estate-ami the building , the owner cannot , after receiv ing compensation In full for the land and building , sue the company for the value of the building upon thu ground that It bad mis appropriated it by soiling It to other parties who had removed It from the right of way. U. The right of n railway company to con demn buildings situated on real estate neces sary for its use , Is nn incident to such right to condemn , and the owner must bo paid full value for the land nnd the building. City of Wahoo vs. Dickinson. Ap | > cal from Maunders county. Affirmed. Opinion by Maxwell , Ch. J. Where the city council of the city of W. by n vote of two-thirds of nil the members elect , adopted a resolution to advance to said city certain contiguous territory , describing It , and thereupon the city filed a petition In the district court , together with an accurate plat of thu territory sought to bo annexed , and prayed for the annexation of such territory , the i > etltloii stating all the facts required by section 90 chapter 14 , compiled statutes , ob jection being made that the power conferred on the district court was legislative nnd not judicial ; Held , that as a condition of such annexation the court was required to find the allegations of the petition to bo true , and that such terri tory , or a part thereof , would receive material benefit from its annexation to such city , or that justice nnd'oqulty required sucli annexa tion , and to enter n decree accordingly. The questions therefore are , so far of a judicial character , that the courts may bo Invested with jurisdiction to determine them. Wilson vs Wilson. Error fromDundy county. Afllrmcd. Opinion by Cobb , J. O. A. W. obtained a judgment in a justice's court against W. J. W. July 1 , 1834. Within ten days thereafter W. J. W. presented to and filed with thu Justice an undertaking for an appeal which wns approved , but fulled to present to and file with the clerk of the dis trict court u certified transcript of the pro ceedings , Including the undertaking , on or before the second day of the next term of the said court , held moro than thirty days after the rendition of said judgment. At the October , 18S ( > , term of said csurt , two terms of court having Inter vened , C. A. W. tiled a transcript of the pro ceeding of the Justice , and on his motion the cause was docketed and a judgment entered in his favor similar to that entered by the Justice. On error , held , that the right of 0. A. W. to proceed in that manner was not limited to "tho same term" at which W. J. W. first became in default , and that the judg ment bo upheld. State ox rel Buffalo County vs Allen. Mand amus. Writ allowed. Opinion by Cobb , J. It is the duty of n county treasurer to make searches of the tax lists , books and records in his care and custody as such csunty treas urer , and to make abstracts and copies there from and attach his certificate and seal there to when lawfully demanded , and to demand and rcceivd reasonable fees therefor. And It is also his duty to enter in the fee. book to bo kept by him for that puri > ese , every item of foes received by him , including those received for such abstracts , espies and certificates , and make quarterly reports thereof to the county board. CITY ITEMS , The legal holiday closed district court-proceedings yesterday and Judge Chapman adjourned for the day to his homo in Plattsmouth. The Groy Sliver Mining company , of Rivorton , Neb. , was a now corporation which filed articles of incorporation yesterday. Capitol stock $5,000,000. The Lincoln Lund and Townsitc company has arranged a cheap excur sion to visit Thursday their now town of Alliance in Box Butte county. State Senator Keckley , of York , Sen ator Brown , of Clay ana ox-Senator Or lando Tefft , of Avoca , Cnss county , were at the Capital hotel yesterday. The three different Chautauquan cir cles in the city united in a meeting commemorative of Washington's birth day at the Y. M. C. A. rooms last oven- ing. The programme was both novel and interesting as well as instructive.- Nell Burgess appeared at the opera house to a large audience last evening and Bill Nye is the attraction to-night with his lecture , "Tho Now South. " AB the fcouth is the only part of the country ho has not visited , his lecture will treat entirely upon facts. Mrs. Flynn , a good-appearing woman who is much given to intoxication , was sent to the county jail yesterday for thirty days. She is a former resident of Grand Island. A barb wire factory for Lincoln Is ono of the latest improuomonts practically assured. The negotiations are in charge of Messrs. Raymond , Utt and Boehmcr , of the board of trade. "Lay thy sweet hands in mine"ho said , but she only remarked that she had neuralgia and must hold her head. Ho gava her Salvation Oil and now he holds her sweet hands by the liour. From almost every section of the state como reports of a general improvement of the health of our people duo no doubt to the influence of Dr. Bull's Cough Syrup which costs only 25 cents. A man in Milton county , Georgia , owns a mule which wants to go at a snail's pace. A hickory fails , though well applied , to increase its speed. The owner , therefore , provides himself with plenty of cotton seed or dry sand , a handful of which , peppered on thomulo , makes it get up and get with astonish ing speed. No morphia , no opium in Dr. J. H. McLean's Tar Wino Lung Balm. It is prompt , safe , and sure , will euro a b cough jar throat trouble quicker than any other medicine , only 25-ceuts a bottle. It has been ascertained that'freo as light and air are , there uroovor twenty- seven thousand families in the city bl Paris inhabiting apartment * having no ether openings thairn door , nnd that ai least sixty thousand families in the city of London reside in cellars. The mill owners in Charleston , S , C. nvo about to try an experiment which will revolutionize their business. Col ored laborers will bo substituted for white in all the departments. Although many cotton mills have been built in the south , white labor has been hitherto exclusively used in running them. That Columbia's daughters are charming creations Is a fact that's admitted by all foreign nations. 'Tis also well known that American girls In marriage are sought by dukes , marquises , carls. Hut their principal charm , belongs to mo and you , Their magnificent teeth to SOZODONT due. Mrs. Clinton Davis , of Macon , Mo. loft , her three little children at homo without food or fire early in the morn ing and did not return until midnight The two little boys managed to get int < bed and keep Irom freezingbuttho gir baby crawled behind the lirolcss stove and was frozen to death. A hunter in the Sierra Nevada mountains wns chased for two miles by two liorco mountain lions. Finding that ho waa liable to bo overtaken ant devoured ho climbed n tree and ro mnined in it nil night. In the morning the lions went awny and ho got back t < his homo in safety. A STATESMAN'S ' DEPARTURE. The Coromonloa Necessary to Send Senator Bvorts to tlio Capitol. AN ASSORTMENT OF SMILES. Inunotlcst Aotrcsflcs The Duke or Newcastle of VnHHix Students i'rcaks of n Turfman Clara Bcllo'a licit si- . YOIIK , Fob. 17. [ Correspond ence of the BKK. ] Probably the rciulor would hurry around the corner to BOO William P. Evnrts start for Washing ton , so interesting nro the small por- bomil chtiructeriHtiQs of great men. Well , sit comfortably In your chair , nud view the event through my eyes. Oh u rainy day this week tv commotion was visible In the usually quiet mid solemn household of the famous statesman , nt Fourteenth nnd Second avenue. Per sons could bo seen hurrying- and fro behind the windows , a thing which was so astonishing that residents on the op- posldo side of the street sat down nt their whitlows to watch. A heavy , old- fashioned carriage , with , n low step , drawn by two well-fed and sleek looking horses , was driven up to the curb in 'ront of the senator's houso. The old coachman , with his Jooso-fltting livery and awkward manners , hauled them up short , fastened the reins around the whip handle , and slowly clambered down from his scat. Ho opened the door of the vehicle , and looked into it , appar ently to assure himself that no mischievous pcrsou had jumped in since ho had left the stables. Then ho slowly walked up to the storm doors of the liouso and gave the bell a strong pull. Then ho went back again in the same deliberate manner , opened the carriage door and stood there looking vacantly Into it. Soon the storm doors opened ugain nnd the negress put outlier head. She made some remark to the coach man , which induced him to lot go of the handle of the carriage door and follow her into the houbo. Five minutes later ho emerged again with two heavy , solo- leather valises , which ho stowed away carefully i libido the carriage. Another ilvo minutes olapsod. Again the door opened. This time Evarts himself caino out. Ho looked rather under the weather. His heavy overcoat wns but toned tightly around him , and his coat collar was turned up , so as almost to conceal his oars. The same old stove pipe hat , that had sheltered his head for the past ton years , was jammed down until it almost mot the coat collar , leav ing very little of his face to be seen. He also carried two valises , and their weight was too much for l\rn : , us he tot tered considerably on his way to the carriage. An old lady , one of the sen ator's relatives , and a youn lady , ono of his daughters-in-law , stood in the door way and watched him. As ho reached the carriage , the coachman relieved him of his burdens and ho turned around to wave nn adieu to the ladies. It was a very awkward , salutation , and immediately afterward ho seemed to regret it , as compromising his dignity. Ho folded his hands behind his back , und walked up nnd down the street pavement in a thoughtful manner. It took him as long as it usually does to got out ono of his complicated sentences before ho made up his mind to got into the carriage. All this time the coach man had been holding on to the car riage door in an occupied ya.y. which was as near as possible an imitation of his master's own manner. When the senator had finally deposited himself on a seat between his valises , the coach man closed the door and climbed up to his scat. As the carriage" disappeared around the corner a handkerchief could bo seen fluttering from the window nearest the house. The senator was waving a last adieu before taking his departure for his scat in the senate at Washington. Funnier goings on wore witnessed by mo nt a "rehearsal for smiles. " That was what the stage manager called it , and such in fact it proved to bo. There is a big spectacular entertainment nt the Academy of Music , with a- ballot and other feminine pleasantries in it. This is its seventh week , and the man agers observed that many of the per formers were becoming stereotyped in their manner. They went through their duties in a profunctory way and this was especially true of their smiling. The ballot girlVsmilo is of a cold and craven crockery character anyhow , nt its best , nnd.it really couldn't stand any deterioration. There is really nothing for her to smile at , when you como to think of it , and she does it only ns a part of her business. She may sec her own dancing as others view it by means of downward glances , but she couldn't got a look at her own mouth. All the pantomlmists and dancers were sum moned to this peculiar rehearsal. Being assembled on the stage , the footlights were turned on nt full head and the stage manager took his seat in front. "When I say three , grin , " he said. "One , two , threo. " IT WAS A LUDICROUS SCENE.- The girls were in their street nttiro , nnd they were a prepossessing lot , with an almost entire absence of the mothers and grandmothers which traditional jests attribute to the ballot. Now York has of late rejected over maturity in ballots , and managers have been com pelled to provide youthfulncss. At the word of command , the long row of fncea instantly become smiling. Some of the smiles wore dimpled , pretty and natural. Others were gnmnnces. The assort ment of smiles was steadily maintained for about a minute , and then the boss shouted : "StopHo told them that what ho wanted to get rid of was the "set s > milo , " by which ho meant that unnatural contortion of the mouth which looks as much like pain us mirth. "We'll try it once moro , ladies , if you please , " ho said "nnd all of you who smile right will bo relieved. Now again , one , two , throe. There was considerable improvement. The expert fixed his eye on the girl at the rightppf the front Hue , and said , "your s will do. Drop out. The second will remain. Three nnd four can go. Five and lx must do a great deal bet ter. " And so ha passed his comments along from ono to another until the end was reached. Fourteen unsatisfactory smllors remained. And there the show ended so far as my eyes were concerned , for the man marshaled these imperfect girls into a separate room whore there were largo mirrors , nnd where spent the ensuing hour training them how to smile in n manner bewitching to n theatrical assemblage. A new danger has been developed for IMMODEST ACTltESSKS. Ono of the bad signs of the times is the drawing power of the immodest burles que. An evening spent at ono of these popular entertainments affords amuse - monUof the lightest character , which is forgotten In an hour. Possibly moro sentiment 1ms boon wasted In a century upon the unseen heart aches behind the footlights than the subject -warranted , but of the physical "tains " accompanying performances of this sort to-day there ? an bo no doubt. * 'There will como a Lime , and that shortly , when if decency falls to call a halt fJio doctors must. A painful incident in this connection caino under my notice about a fortnight ago. A certnin burlesque , now running In town , hni boon Hdttlng Now York's youth by the cars by reason , not of its inherent cloverne H , but of Us abrevia- tcd attire. In uio.tt , burlcbtiuo it is possible for the girls lo sustain the strain of the tights upoii the shoulders by moans 01 straps. The tights , it should bo explained , have to beheld held up by a hard pull to keep them unwrlnkled. In Ins place it is not possible at least with the lending characters and this weight , which Is very great , is borne by the waist press ure , the shoulders being entirely exposed - posed , Ono night a gentleman called ut the stage door with an actor , whose wife hns u place in the production , and is-much ogled from the front of the houso. Sue cnmo out quite ill and suffering pain. While on the way homo she was seized with convulsions , hud to bo carried into the nearest hotel and a physician summoned in haste. She was taken homo in a cab , und the doctor pronounced it merely a case of "tights. " The secret of this sort of martyrdom is the big salary attached to small talent and n good figure. " THU DUKK OF XKWOASTM5 has only ono natural leg , the other bolng cork. Ho Is far from handsome and his health is not good. Nevertheless , he has for moro than a month been in tensely admired in Fifth avenue , and now that ho has gene away many hopes of matrimonial alliance have departed too. There were two reasons why he was not seeking n rich American heir ess for matrimony. In the lirst place , ho was an exceedingly rich young man , and , therefore , had no need to balance his title against a fortune in a balance of wedlock ; and , in the second place , ho boomed to bo too sensible a chap to bo caught by more beauty or blandish ment. The tuft-hunters of Now York society had n determined go at him , and ho accepted enough of their invitations to gain all the parlor amusement that he cared for while hero. Ho had a curiously self-complaisant way of de ciding upon each occasion exactly when ho WIIH satisfied. He would go to a ball or reception , nnd btay no longer than ho pleased. Although scheming moth ers nnd ardent daughters might bo met aphorically and almost literally hang ing onto him , ho would excuse himself nnd go away ut the end of the first hour , in case ho had by that time got all the diversion that ho thought obtainable. Ho was always polite , however , nnd never showed anything but the highest consideration and re spect for his hostess and her guests. His whole name was Henry Pollharn Archibald Douglass Pellham-CHnton. Our Little girls called him Little Dukoy for short , bul not within his own hearing. Nor did their gentle ridicule begin until he hadfriado it quite clear that none of thcnV'could become his wife. Indeed aside from his small and weak physique nndi , his cork leg there wns nothing to make fun of in the duke of Newcastle. Ho visited several clubs , and became something of a favorite with men. who pronounced him intelli gent utTublo and unpretentious. Just before his departure the story wont round the circle of fdshionablo life that ho had become engaged to Miss Edith Garner , nnd this impression came of his frequent calls-- upon nor. But it turns out that hcnillnanco is another English lordling Earl of Chesterfield , said to bo ono of the handsomest men in Great Britain. Her parents wore drowned by /yachting disaster in New York bay a dozen years'ago. Her father was an immensely wealthy man und her mother was'un ex-actress. She has grown into a handsome nnd accomplished young ladv , nnd the for tune left her by her father has appre ciated into something like a million. Miss Garner will be the seventh Now York girl who has within ton years married a real English lord. Really wo are getting.on with the nobility. At the gathering of VASSAU STUDENTS and alumni in this city a recent obser vation , to the effect that mourning dresses were conspicuous nt Vnssar col lege , was shown to be correct. The number of girl students in somber black was so largo as to evoke comment. It seemed altogether disproportionnto to the entire ustiombinge. Many were in deep mourning , and their sad faces , bhowing that their affliction had been sufficiently recent to bo still alive in their minds , made sorrowful contrasts to the general life and bustle. These fair mourners would not have thought of going to any ether social gatheringand here they attended for the reason that it ( .was a tribute to Prof. Mitchell , n beloved instructor. As soon as it was learned that he would not bo able to bo present most of the mourn ing people went away. While many of them looked extremely sad in their sim ple blacK dresses , among the most brilliantly attired womenthoy were in describably sweet. Their pale faces , and dark costumes made them conspic uous in the bright colors. They were like so many beautiful Madonnas , intel lectual , lovely nnd roflned. Vassnr girls' are accustomed to mourning dresses in the college. During each school terra there are seldom less than thirty to forty in black. No doubt it is the same in the institutions of learning devoted to the ether sex , only it is not BO noticeable. A girl dressed in mourn ing compels instant attention , while a boy's clothes are not so striking. Many young men ignore the laws of society in regard to wearing block as a mark of respect to their departed relatives , any how , nnd a girl rnroly'does so. In the extravagant freaks of Isldor CohnQeld , THE ONCE FAMOUS TUKFMAN' and importer of ostrich feathers , there was ono that has received no mention. That was the private circus that ho built for his children. It was nn elab orate and costlv alltiif , and it helped to bring about the financial ruin into which he is nt prdsent plunged. His downfall has brought to my notice an other prominent New Yorker who hns thought it well to1" have an exclusive riding place for MB children. The comparison docs not extend further , however , because Judge Freedman , the gentleman in questionis a conservative person , and considers his position on the bench of the superior court too seri ously to find any time to devote to sport- sporting life , i oven were hose so inclined. The i judge's residence is ono of the iliiest' ' lin Harlem. The riding ring is a one-story building which adjoins his dwelling , about twen ty-live feet high , and built substantinlly of pressed brick. Two small windows nro nearly covered with the well- trimmed ivy which stretches nil over the northern wall. In front is n well kept lawn , a rare thing in New York. If n man's lifo depended upon it ho could not guess the purpose of the ox- tciibion. I stopped to admire the vine- cone red building , when a merry peal of laughter fell upon my oars.Vhilo I stood puzzling what it all meant , the laughter was repeated this time in a prolonged peal , followed by a thumping as of iron striking wood. Then I realized that the mysterious sounds came from the interior of the low building. I investigated nnd wus dumbfounded. Inside wus a regular rltllnc ring , anil hi tt wcro ftva fitt-ls , mounted on spirited horses , prancing ftnd curvetting. The fnlr equestriennes wore ft night worth looking nt. Tholr faces nglow with excitement , the pictures of per fect health , they raced with mi abandon and recklessness that was almost appalling. They Indulged In all kinds of wild pranks , showing a comiiloto con- lldunce In their power over the fiery animals they rode. The latter seemed to join lii' the spirit of the fun and needed but little coaxing to rear and phingo and kick up their heels In vain attempts to unseat their courageous riders. Two of them were the judge's daughters. CLAIM UKLLK. An Imperative Necessity. What pure air Is to an unhealthy locality , what spring cleaning Is to the neat housekeeper : so Is Hood's Sarsa- imrilla to everybody , at this season. The body needs to bo thoroughly reno vated , the blood purified ana vitllizud , the germs of disease destroyed , scro fula , salt rheum , and all ether blood disorders are cured by Hood's Sursa- parilla , the most popular and successful spring medicine. A SPECTRE ON THE WHEEL.- Curious AppnritlongWhlch i Seen on the Denver Pacific. Denver Tribune : The trainmen on the Denver Pacific railroad have been reporting a very strange manifestation. Mr.V. . II. Smith , a conductor on this road running between this city and Cheyenne , is the authority for a very curious story concerning an apparition which has shown itsoll to several train men during the last two months. The story is substantially as follows : Conductor Smith a train , a freight , loft Cheyenne in the evening about two weeks ago. The sky was clear and the moon was shining. About fifteen miles this side of Uhoyenno , at the foot of the hill , is the point known as llig Springs. The conductor was in his caboose , seated in the lookout. The train was running somewhat more rapidly than schedule time , and Mr. Smith gave the signal to the engineer for a whistle for brakes. The whistle was given , and just at that moment the conductor saw , about three lengths ahead , tented on a brako- whoul , a man , whom ho mistook for one of his brakomcn. The figure did not move at the whistle and the conductor climbed down to ascertain the reason of such apparent neglect of duty. Q As ho stepped out of the ctibooso door ho discovered his rear brakeman busily twisting the wheel and farther up the train , beyond the figure , was the other brakeman also at work. The conductor called the attention of the rear brakeman - man to the figure and together they started toward it. When they were within a car and a lialf's length the man deliberately rose to a standing posture and stepped oft the side of the car. There was no movement as if the man had lost his balance and fallen off , but ho apparently walked off just as a man would stop from n curb stone into the street. The watching trainmen were horrified because they could realize no other effect from such an apparently suicidal movement than the death of the man , dashed against the ground many foot below. There was , however , no such results ; nor , in fact , could the man bo seen ut all. Ho had vanished. Several trainmen , upon Mr. Smith re lating his experience , stated that they had heard something very much like the sumo cxpericnco occurring to others at the same point on the road. One brakeman , named Malonc , was found who said that not more than a week previous to Mr. Smith's curious experi ence ho had turned around as ho was go ing forward on his train , setting the brakes , and beheld a man sitting on a wheel three cars behind him. He was not startled until he wont ahOid three cars morfTand looking back saw the fel low sitting on the brako-whool at the place where ho had stood himself when ho first saw him. The spectre or man , or whatever it was , kept just three car longhts behind him all the way until ho reached the ongino. Ho called the at tention of the fireman to the apparition and they turned back to see what it was. The figure , as had been the cnso in Mr. Smith's instecco , rose from the wheel and deliberately walked oil the end of the car. No crushed or mangled re mains of an unfortunrto could be found nor could anyone bo scon. The man had vanished in thin air. Neither of the railroad men who tell this peculiar story are a bit supersti tious and both wore in their soberest senses when this peculiar apparition ap peared to them. No accident has oc curred at Big Springs within four years. About that time a freight train went to nieces onaccount of a broken rail and n brakeman waa kiled. There is some thing funny about the alTair. If it isn't one , what is it ? The Only Line That Ocln There. It has been well said by a distin guished writer that "tho Michigan Central is the only 'Niagara- Falls Route' In the country. " It is the only railroad that runs direct ly by the fulls and stops its trains at a point from which all parts of the falls and the rapids are in full view. From this point , called Falls View , the scene from the Michigan Central train , whether in its summer setting of emer ald or its winter setting of crystal , is ono of unexampled grandeur and sub limity. As it is on the direct roato to Now York , Boston , ana Now Eng land , no cast-bound traveler should fail to take advantage of it. A gentleman living near Wintervillo , Ga.broko the knob off ono of his doors , and for the want of something better ho put a coflln handle on the door , and now there is not n negro in the county who will open the door. This would bo a good thing for a corn crib or hen hous o CREAM Ifssuperlor excellence proven In. million a of homos for more than a quarter ot a century. 1 Is used by the United btate-f Uovermnen . En dorsed by the heads of the Grout Universities ai the StrougcHt , Purest and moit Healthful. Dr. Price's Cream llaklna I'owder does not contain Ammonia , I.lme or Alum. Bold only in Cam , PltlCK lUKlNd I'OWDEllCO. MX W YOIIK , CHICAGO. 8T.LOVJS More Men Employed liv tlic Railroad Companies in the United Slates. A NEW YORKraPAPER $ WRITER _ Compiling Statistics Which Will Star * tlothoDCHt Informed Citizens. Some > vriterlnNew York-presttmnbly moro lngi < nkm < ; than aniblUons-1 - - * pit-paring o < > - tlmatt'3 on the number of railroad nu-n at work In tlio I'nlted State * . 1IU work u us prompted by the remark of Clmtinyc Oopew , at ilecetit lianquot nt locomotive engineer * , Unit the Now York Central road nlono Uyd moro tlinu ten reel- inentHof men In Its employ. .According to thn work of the Htatlsticlau referred to tlio railroad men , or tlio mount work In all thu dllTcrciu. brunches connected with the ritlhtmds In the United HUUes. If imlhcrod together , would miiko nn army greater ihnn that of Xerxes when ho marched eastward to the conquest of Ureore , According to his figures no niirnpomi nation hex a ntnnulnu nriny one-half the numerical strength of thu American railroad men. mid , If hols light , the railroad men In thin country , taken together , exceed In number the rolls of both tlio union and confodeartu troops of our late war mlded together. If thu U trim U U Indeed wonderful. Hut when one stops to think that there li not a city t > f any nlze In the country that doe * not em ploy Its host ot railroaders , these tlgureti tlo not beem so very ftrongo. Omaha mid found ! llluftX with their net work of railroads thut strutch tut like limum- erablt ! radall from the center of a circle tow urds the circumference , have n nuull army of rnll- road men and employes llvlmtitliln their bounds. Tlio writer was never moro Impressed \\ltlithelr mi me i leal importance as n compo nent part of the population of both cities than in HID course of u conversation recently with Mr. William Connor , ho wits In the employ of the Union 1'acltlc for nineteen consecutive years. A machinist by trade , but for some time jiR-st han been taking llfo easy. boliiR now In Ills uithyonr. Ho Is well nnd favorably known , re- HldltiK In Umalm for the puat 'M years. Durlnc the conversation serious subjects weio talked nbuut , Hinonu which wus the health ot Mr. Connor . \\lio said : "I have been troubled for years with what several physicians termed malarial fever. Sty trouble began with a cold , and I had a hlih fever which continued mi- abated for about three weeks , which was at tended with more or les-sot acoiiHh and the rising of mums of a tough kind , and which seemed to hold on with the tenacity of alight ing bulldog. I culled In to assist nuturo a lead- lug pli\siclhii , took his medicine , but Rot no re lief. Wanting help I consulted another and still another , among them bolng tlio so-culled best doctors in tlio city. They doped mo w 1th QUININB CO1 > I.1VKU Oil. AHSK.MU and other drills , and In place of getting better I Blow worse. 1 actually bellovo I have bottles and boxes enough at home to start two apothe cary Hhops. 1 am not exaggei ntlni ; n particle when 1 say I had nt least tmrty-tlvo or forty lly blisters on me. I had pain In the front part ot my head.aiid through my chest and In my shoul ders. My nosi ) would btop up uud made my breathing diniciilt. " "Yon were certainly In a bad way. " " 1'es. but that was not all my trouble. While lying down at night the mucous or phlechm w ould gather In my throat and I would Hwallow It , which , I think , poisoned my stomach nnd formed a KO.H , and after n while nothing that I ate would want to remain on my stomach , which , in addition to my liver , seemed to Lc always out of order. My eyes were weak and inllammed , and emitted considerable water at times. 1 had a buzzing and roaring noise in my head and oars , which put mo in mind of a train of cars passing through a covered bridge. I would hawk and gptt almost continually , and In the morning after rising would have to gag and vomit for sometimes an hour before I would get my throat clear. " ' nut you seem all right now ? " Do yon feel as. well us yon look ? " queried the scribe. "Well , I should say. I am all right notr , and thlnt I feel oven better than I look. " "By what metnod or treatment did you obtain the much needed relief i" "I have been a reader of the dally papers ever fllnco they wore published in Omaha , and read the notices ot tlio cures people had received by using Dr. McCoy's treatment. I concluded to try him , the result in I feel well again and am thankful there In located In Omaha such a spe cialist us the doctor. I Hud both the doctor and his associates men ot ability and believe them to be thoroughly reliable gentlemen. Mr.Conncr resides at liilfl Webster strcet.where he will bo glad to corroborate the above .state ment. A LKADIG PHYSIOLOGIST Advances IIU Theory of Catarrh and Consumption His Advice 3 on the Subject. One of the best learned physicians of modern times , in an article on catarrh and consump tion , says : "The treatment of consumption has made great advances by tlio Introduction of now remedies , and has enabled the close .student and specialist to establish Indications for remedies long in iioo , BO that by their methodical applica tion better results are. attained than were formerly - merly gained at n time when consumption and cancer were regarded as edually Incurable , and were somewhat similarly treated. "Tho treatment of consumption demands a careful avoidance ot all agents calculated to canso hypercmla of the lungs and bronchial catarrh tarrh- Persons In whom a tendency to con. tmmptlon U suspected should bo treated with the greatest earn and attention. "Finally , whenever there la the slightest sus picion of a predlhposltlon to consumption , every catarrah. no matter how slight , should be treat ed with the utmost cure , wmcn must not bo re laxed until the catarrh la entirely well. This rule , so obvious from our point of view , Is very frequently violated. "Many patients fall a victim to the deeply rooted prejudice that a neglected catarrh ncvor leads to consumption. IN SIMPLE FOUM. Popular Explanation of a Matter Usually Veiled in Technicalities. In this connection there can hardly bo a moro interesting subject than the ultimata effects of catarrh upon the hearing. The processes ot this disease in poisoning the breath , rotting away the delicate machinery of smell nnd taste , pois oning the lungs and the. blood , and passing into the stomach , enfeebling the digestion , vitiating the secretions nnd polluting the very fountains oHlfe. All this has , perhaps , been very gen erally discussed , tint the very frequent effect of catarrh ot the nose and throat upoii the hearing has not been touched upon as often ua the bub- Ject warrants. A very little study of anatomy will show the reader that the junction of the buck passage of the nose nnd the upper part of the throat is con nected witli the ear by n minute and delicate pas- eage known as the Eustaclilan tuba. Along this tube the catarrhal process extends , producing congestion and Inllamniatlon. lly the further extension of this iirocchs to the mucus lining of the tympanum of the ear Is caused , in homo cases , slight forms of catarrh of the middle ear. and in this way partial or complete deafness may in like manner result from the thickened tissue encroathlnu upon the mouth , of the Kustachlan tube. Partial or complete deafness may also result from cutnrrlml Interference with the nasal breathing , depriving the ear ot a proper supply of pure air or from the effects of obstruction in the nasal passages , causing undnis ra Illca- tlon or condensation of the air In the ml ( Idle ear. ear.In suchcasoj as these general remedieswhich are of en prescribed , provo comparatively In effective. A cure can only be obtained by skill ful and scientific local treatment and let it ba said hero that nothing could bo attended with more disastrous results th.in unskillful local treatment combined with constitutional tieat- mentand care for the disease which brought about thu trouble to tlio hearing. Permanently Located. Dr. Cresap J. McCoy , late of Ucllevne Hospital , New York , and his associates , fate ot the University of New York City , also of Wash ington , 1) . C. , have Iccited permanently in the Hatnge block , Omaha. Neb. , where all curable cases are treated skillfully. Consumption , II right's Disease , Dyspepsia. Ilhcumatlsm , and Jill nervous diseases. All disease * peculiar to sex a specialty. CATARRH CURED ! Consultation at office or by mail , II. OOIco hours 0 to U a. m. , - to I p. w. , 7 to 8 v , m. Sunday Hours From 9 a. m. to 1 p. a. Correspondence recchedpiompt attention. No loiters answered unless accompanied by loin stamps. Addreos all letters to Dr. McCoy , lioonui 910 and ail , Itauiyo UullUUit' , Ouului , Neb , Who U WEAK. NKWVOITN , I > F.HII.ITA < hu TMIFLKD away till VIGOR of IIUDT , MINI ) and MANHOOIKrauilug xutuitlnji rtralni upon the FOUNTAINN of I.irr , HEADACtir , HACKACIir , Drtadrul lre m , WEAKHEflN of Memory. nANU > rUMVRMI hi HOC1ETY. PIMIM.EKupon tha FACE , and all the EFfECTM lending to EARLY DECAY and porhtM CONMOSIP * TION or INHANITYtihould cotuult nt once the CEI.ERRATED Dr. Clarke , Kutabllibml 1MI. Dr. CUrko bin made NEKVOL'S I > E. BIL1TY , HKOVf ! and all DlitaiM of the UENITO URINARY Organ * Lift U'.urtjr. It makri NO difference WHAT yet tare taken or WHO has failed to cure you. . liar to their ncx can eoniult with th * awurance of iptedjr rolUf and cure. Bond 2 cent * potaf fur norki on your diitatti. _ -Bcnd 4 cent * pot R for Olt brat 4 WrkH on < 'hronlp , N rvon and I > ll- * te Dlieatci. Coniultttlon , penonnL'y or by letter , flr f > . Commit the old I ) ft r. Thonaaudn currd. OfHrra and pfcrlet * private.Tho e contemplating Marriage lend for Dr. Clnrko'B celebrated guide Mala and t > tanlr. each 15o. , both 2Bc. ( itamM ) . Bcfciro confiding your cat * , oeotult Dr. CLARKK. A friendly letter or call may Mre future luderlng : and shame , and add golden year * to life.Book " Life' * ( flecrtl ) Er- rorm , " We. ( itampi ) . Medlclno and writing * lent everywhere , ttciire from opoanr * . lloun , 8 to 8 ; Sundays , 9 to 11. Addrrif , F. D. CLARKE , M. D. 180 So. Clark 8tOHIOAOQ. . ILL. m s. 1742 Lawrence St. , Dewcr , Col , If the Missouri State Museum at Atmtomy , Ft. Ixiuls , Mo. , University College HosplUl , Iou- tlon , Olcsen , Germany and Now York. Imvliig devoted their nt tout Ion SPECIALLY TO THE TREATMENT OF DISEASES. Moro especially tho.se arising from Impru dent o. Invite all o suirerlng to correspond with out delay. Diseases of Infection and contagion cured Hftfoly and wpeedlly without tiso of dan gerous drugd. I'ullcnts whoso cases have been neglected , uadly treated or pronounced Incur able , should not fail to write us concerning their symptoms. All letters receive Immediate atteu- 1911. JUST PUBLISHED , And will be mailed FHKti to any addrcii on re ceipt of ono S-cent Htamp , "Practical Obnorva- lions on Nervous Debility and Physical Exhaus tion , " to which Is added an "Kssay on Mar riage , " with Important chapter * on disease ) of theReproductive ( Organs , the whole forming a valuable medical treatise which should b read by all young men. Address DBS. S. & D. DAVIESON , 1712 Lawrence St. , Deav r , Col. GHATEr'UL--COMFOHTINU Epps's Cocoa BREAKFAST. "Br a thorough knowledge of the natnrnl laws ihtcn govern thu operntlou of illBcstlon and nutri' by tlio judicious uno of tuch article * of Ulot tliat a constitution nmy bo grwluallr built up imtll strong enough to ronlit u or > ttmdencr to dlseiuto. llun- UroJs of auMlu maladlHS Are floating around u rendr to ottnck wherever there la nwoftk point. We mar escape ruinr a fatal shaft br keeping ounelve > well fortltlcd with uuro bloou and a proper/ ! nourished Irame.-ClYll Sonrlco ( Iniotte. Made simply with boiling water or milk. Fold onlf In 1mlf pound tins by Hrocera labeled thus : TAlfPQ IIDDfl 9. Pfl Homoeopathic Chemists , JnlufjU LITO U uUii LONDON , KNOLAND. MPOUXED STALLIONS 4 Pmherons. Clydesdales and Shire , alao horn * bred colts. Every animal guaranteed a breeder Our stock has been selected with reference to both individual merit and pedigree. Some of * thesohorios have taken first prfz at tha No- v broaka State Felr , 1807. All our horses are ac vi climated , and colts of their pet can bo shown. i Prices reasonable and easy term * . Is accessible bv the throe leading railroads nt the atato , 0. te M. ; F. . E. * M. VK. . C. * O. E.T.Allen , M. D.f Homoeopathic Specialist , tit AND THROAT NOSE , CAD Spectacles Accurately Prescribed. i * JBAMGE BL'K. , OMAHA f fI J. W. Barnsdall , M. D Homoeopathic Specialist , SURGEON GyntxcologM and Obstetrician , Telephone 970. RAMGE BLOCK , - > OMAHA. ir. J. Surgeon and Physician , Office N. W Corner Hth aid Douglaa St. OfQCA telephone , iU ; Kesldence Ulephone.'WW. SteckPiano Kcmarkablc for powerful Bvmpa- tlmlle tone , pliably action und ul > solute durability. 'M yearn' record , the best guarantee of the excel lence of these Instruments. WOODBRIDGE BROS , Health is Wealth ! Dii.K. O. WEST'S NEIIVB AND BRAIN TniAT- lit NT , n guaranteed gpeclUc for Hysteria , Dizzi ness , Convulsions , Fit * . Nervous Nenralglal Headache , Nervous I'rostrntlon. caused by the use of alcohol or tobacco , Wakefulncai , Mintal DepreHBlon , Softening of the Drain , resulting In Insaalty.and leading to misery.decay and death , I'rematuro Old Age. Durrenne.ss , J > oaa of Power In either sex , Involuntary Losses and Hperrna- torrhcuu caused by over-exertion of the brain , solf-abuso or over-indulgence. Kach box con tains one month's treatment. Jl.uia box , ornlx boxes for (3.00 , neat by mall prepaid ou receipt of price.WKGUAItANTKK WKGUAItANTKK SIX BOXES To cure any cane. With each older received by us for blx boxes , accompanied with JO.UO , wo will xend the purchaner our written guarantee to re fund the money If the treatment does not edict a cure. Uuarauteo. < Uiuod only by C. K. UOOI1- MANDruugUt , Solo Agent , lll'J ' 1'urnam Street , Omaha , Neb. London Granules. S3 iilmlnutu : lnit vettltto of Sjrplillli , lllcori. I'lmple ) , Chronic HoreiAlrapitro Ittomf.They lmv no cqnul tor kin Olu-xen. Similar medicine uwd In l/mclim llov | jttal , 1tli imTarjrlne ucre . 1'imKl.V VcaiCTAlji.K. Sent by wall In a plain nealml parkuuu , andniidtlay , on receipt of II pur bui or li for K. WK UUAUAMIK six iioiggToct'UK ANVCAHK. With cncli order ru. c lvod for ill bo > u * accompanied by li , wo will scad the purchRixr our wrtllou uuaranuto tn rejuqd the money. If the trfntniBnt domi not effect a euru. I'auiphlPt tree. I/iNUOtt UHUICIN * AUBMVIt UU Cherry bt.i Kansas Cltr , Uo.