OCR Interpretation


Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 11, 1895, Image 5

Image and text provided by University of Nebraska-Lincoln Libraries, Lincoln, NE

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn99021999/1895-05-11/ed-1/seq-5/

What is OCR?


Thumbnail for 5

THE OMAHA DAILY BEE : SATUBDAY , MAY 11 , 1895.
JT 11INCES ON DILI'S BOND
Casa of the State Against the Ex-Treasnrer
Given to the Jury.
ONLY ONE FACT TO BE DETERMINED
If Hill Ilwil n Ilonil During 1IU Last Term
of Olllce , the \orcllct .11 tut lie
for the Btntn for the
1'ull Amount.
LINCOLN , May 10. ( Special. ) The cato
of the state against J. E. Hill and his bondsmen -
men nils given to the Jury on the point of the
validity of Hill's official bond ns state treas
urer at 4:50 : p. m. Prefacing the charge of
X the court , Ciller Justice Norval said that
should the jury flnJ that Hill's oniclal bond
was anU ! ono it must bring In a verdict
for the date for ? 23G,3G1.GO , with Interest at
the rnte of 7 per cent per annum from the
llth of January , 1803 , to January 1 , 1S95.
Tlili morning court announced that It had
decided to leave the question a to the valid
ity of Illll'a ofilclal bond to the jury. Upon
the question as to whether or not this bond
was legally executed and delivered the jury
as to decide , and upon this point of fact
alone. Upon all other questions the court
would rule. Chief Justice Norval said' that
hould the jury find that Hill's bond was not
n valid Instrument that would terminate the
case at onco. Should It find that the bond
Mas valid and binding upon Hill and his
bandsman then there would bo other ques
tions for the court to pass upon.
Previous to this announcement the Jury had
boon taknii from the room. Judge Wnheley
said th.it bo desired that the court should In
struct the jury ns to what was considered In
law a valid execution and delivery of an olll-
clal bond. The court said that It would do so.
Arrangements were then made for division of
time between the conned in presenting their
Bides of the case to the Jury , and the court
adjourned until 2 p. m
At the nftfrnoon session Judge Wakoley
presented the opening argument to the jury
on the validity of Hill's olllclal bond. He
congratulated the jurors upon the patience
with which they had follow eJ the case. The
court had relieved them of consideration of
all questions of law and loft to them the
plain question of fact , was or was not Hill
acting under bond when ho was acting during
Ills liwt term as treasurer of the state of Ne
braska ?
WHAT THC STATH CONTENDING.
Judge \Vakeloy ijald that the state con
tended , and authorities had been quoted to
that effect , that when a man wrote his name
on a bond with the Intention of completing
It In the future , and did deliver the same ,
whether his name was again nfll-tod to the
bottom of the bond or not , It became his acty
and bond and ho was bound by It. What
hail the evidence disclosed7 Hill had taken
It to Jlosher nnd Hanvood and Wevht In
Lincoln , to the Smiths In Beatrice , to liar-
low and DraUo and Colpctzcr In Omaha and
asked them to sign It. What for ? In order
that he might make an ofilclal bond. That
wan Hill's Intention and up to a certain
date that Is what he supposed ho had done.
Rapidly running through a transcript of
Hill's evidence. JudgeWaUclcy cited the
jury to a number of salient points In his
testimony , quoting questions and answers at
length. In summing up this evidence counsel
contended that Hill had testified that he be
lieved he had a bond properly signeddelivered
anil approved during the entire period of
his second term of olllce. Counsel said that
ho was authorized by the Instructions which
had been given to the Jury by the court
to say that when Hill had delivered that
bond and It had been deposited In the olllce
of the secretary of state , the presumption
is that ho was acting under a bond.
"Gentlemen , " said JuJge Wnkelcy , "how
in the common practice of business are
deeds nnd bonds delivered ? You take your
deed to the notaty , signed or unsigned. You
leave It on his table and go about your
business. It Is delivered , perhaps by < a
friend , or a lawyer , and you cannot come
Into court and say you refuse to give up the
prtperty because you had not , personally ,
delivered the Instrument. Suppose that It
hau been discovered when Governor Hojd
had been declared elected , a man from an
other party , that Hill had not signed this
bond. If what the defense now claim be
true all that remained for Governor 1)0d )
to do would have been to declare the olllce
vacant and appoint a democratic state
treasurer. Hut I do not believe that any
court In the land would have sustained
him. I do not believe you would and I
know that as a juror I would have said that
n man elected by < a majority of the votes of
this state and believing that he had a valid
bond In the office of secretary of state , was
legally qualified as treasurer. If he would
have been then , ho Is now , and Is liable
together with his bondsmen , on this bond ,
the validity of which Is now In your hands
Bo far as the case Is now concerned I am
done with It. I leave It to your own con
sciences. Hut were I counsel In Hill's be
half I would ask you not to brand him by
jour verdict as on Impostor and an usurper
of olllco In this s'tate. I do not believe you
ttlll so blacken his good character. "
DENY THE HILL BOND.
Mr , Wheedon , for the defense , followed
Judge Wakeloy. Owing to limited time , he
laid , ho would waste no words , but come di
rectly to the point. He exhibits * the- bond
in.l said that It was admitted that Captain
Hilt had written his name at the top of the
page. In filling out a blank , that ha bad again
filled out a blank on the second page and had
Written the words "Two millions. " All this
had been done before ho took It to any one.
Counsel then called the attention of the jury
lo the evidence. Frequently Hill had admit
ted to the alleged sureties that ho had not yet
tlgned It and would not until It was com-
plcteJ. It had been understood by all the
bondsmen that Hill was not to sign It until
a eufllclcnt number had signed It to make It
good for $2,000,000. Counsel contended that
til through the transaction of securing names
to the bond Hill had disclaimed any signing
on I Is part , or any Intention of doing BO , un
til It was complete , so far as the other names
jnere concerned.
Trom this testimony counsel said that ho
could draw the only conclusion that Hill did
not consider that ho had signed It. It his
oamo written In the body of the bond had
oeen a legal signature , why all the objections
Dt the sureties to the absence of Hill's
signature ?
Counsel accepted the Illustration of JuJgo
"vVakeley's , and said that had Hill's right to
hold ofllce been questioned during his Incum
bency , he belloved that , as an honest man ,
liU testimony would have been the same , and
) io would have gone out of ofllce. Why ?
On account of the Invalidity of his otnclal
bond. Counsel contended that a deed signed
by a man's wife , the man's name written In
the body of the deed , but the name not signed
by the himself , or by his direction , wai not
a valid deed , although acknowledged by a
notary and delivered by the tame.
General Covvln followed Mr. Wheedon for
the defense and did not travel over the ground
previously utilized by tils associate. He took
up the line of testimony In which Hill had
positively asserted that ho did not want the
document to become a bond until ho had
elgned It. That Hill had contemplated a
further signing of the bond was shown all
the way through up to the time ho lost
track of the Instrument.
General Cowlu then passed to the evidence
In which It was shown that Hill Intended to
make the document In question his bond.
Hut the question was : Did Hill knowingly
adopt this as his bond ? What were the
circumstances attendant at that time ? Hill
could remember nothing of the bond after
he took the oath of olllce. He had sworn
that he did not get It approved by Governor
Boyd or by Governor Thayer. It 'Jad been
urged , by the state that It was very unlikely
Hill would have forgotten so potent a clr
cumstanco as the otnlsslon of his name on
the bond. Would the jury please recall the
fact that at that time the boys In blue had
charge of the state capital building ? Excite-
menl was running high. The scenes icmlnd-
ed counsel of the days of 1S01. Hill hat !
passed his word of honor to the men wbc
ulgned the bond that he would not sign the
bond until the requisite number ol
signers hud been secured , and hf
hart not broken his promise. T (
Hill's present knowledge the bond had nevci
been approved. The fact was , urged General
Cowln. Mr. Hill and the bondsmen had been
treated si traitor * In thli case to the state ,
Uut nothing was farther from the truth. All
they could ask. was to be given the beneOt of
the law.
STIGMATIZED AS SUBTERFUGE.
Mr. Lambertson closed the argument tor the
ate. Ho argued that the statutes were
ilcnt upon a technical signing of a bond. All
hey referred tovas the execution of a bond ,
'ounsel read from Hill's testimony In rcla-
lon to hU bond having been "lost in tha
'luflle. ' "
Counsel contended , after reading fit length
'rom ' the testimony , that Hill Intended the
"ocument to bo his official bond. Ho had
een elected to an ofllre requiring the largest
end of any ofllce In the Mate. Ho had gouo
ver the state In search of sureties. He had
IckercJ with this ono and bartered with that
lie. He had written his nnme In three places
n the body of the bond. Ho had gene up Into
ho consultation room of the supreme court
nd holding up his right hand had sworn that
t was his official bond , a bond for $2,000,000 ,
'or which he had worked for weeks , and
Her swearing to It , he says It was lo rt In
ha shunic. It did not He In Hill's mouth to
ay that he did not Intend that to be his bond.
> Ion might lose their children In the shuffle ,
> ut they don't lose sight of a bond for $2,000-
)00 , whoso existence was essential to their
Itlo to the office of treasurer This was
ubterfuge. No fervid eloquence of counsel
n the other sldo could make It anything else.
I'ot an effort hail been made by Hill to find
la bond for $2,000,000 , lost In the shufllo.
"Why , " continued Lambertson , "If you had
est your dog , you would have made some
ffort to nnd It. "
With Hill , however , the case was different.
lo eoou as ho got possession of his office he
ared nothing about It. Could this jury come
n and say It Is willing to let Moshcr go free ,
ot Hill usurp an office and let the taxpayers
f the state lese 1236,000 , simply because Hill
had forgotten to sign a bund which he had
'egally execute J and delivered ? The court
ivould Instruct the Jury that even If Hill did
not sign his name In the bond , If ho executed
and delivered It , It then became his bond.
Mr. Lambertson said that It had been said
f Chief Justice Marshall that he would not
deviate from the right In his argument , even
'hough a paradise was his reward. So might
t bo with the jury In Its findings.
Mr. Lambortson closed the case for the
tale , and Chief Justice Norval delivered the
allowing charge to the jury , upon which they
etlrcd :
INSTRUCTIONS FROM THE COURT.
"Gentlemen of the jury You ore In
structed that the only Issue for your deter-
nlnation In this case , and upon your deter
mination of which jour verdict must de
pend , Is whether or not the- bond sued on
nas executed by defendant , Hill Under the
pleadings and evidence In the case all other
questions Involved ore solely matters of
'aw , the decision of which rests with the
court.
"You are Instructed that the execution of
an Instrument such as the one sued on ,
consists of the two acts of signing and of
ilcllverlng It for the purpose for which It was
'ntended. The burden of proof Is upon the
state to establish these nets , or fact from
tvhlch the law presumes their performance ,
by a preponderance of the evidence.
"To constitute n signing within the mean
ng of the law It Is not generally necessary
-hat the person sought to be charged should
subscribe his name at the end of the Instru
ment. Ills name written In the body of the
'nstrument , by himself , or by his authority ,
n such manner as to Indicate his Intention
o bind himself. Is In law his signature.
"On the other hand , the name so written
n the body of an Instrument does not con
stitute a signature It from the face of the
'nstrument It Is apparent , or If It be shown
by other evidence that a subscription , or
signing at the bottom , was contemplated
before the Instrument should be complete ,
unless by subsequent conduct the party to
be bound evidenced an Intention to waive
such further signing , or estopped himself
"rom setting up such original Intention.
HILL'S ONLY HOPE.
"The state by proving that this bond was
filed with the secretary of state , and re
mained In the custody of that officer , has
established a presumption that It was duly
delivered , and to overcome this presump-
'lon the defense must show that Hill did
not himself , or through some one authorized
by him part with Its possession with the
ntentlon that It should be filed.
"Although Hill may not at the time have
ntended that his name written by him In
: he body of the bond should be his signature
thereto , % yet If by his subsequent acts he
adopted the Instrument ns his bond , and
caused It tc be approved and filed as such ,
or assented thereto , as done for his benefit ,
hen such writing of his name and such
subsequent acts made It a sulllclent signing
and execution to bind him and If he Is
bound EO are his sureties.
"You are Instructed that If the defend
ant , Hill , so signed and executed the bond
as to bind himself under the Instructions
herein given , then the condition upon which
the sureties claimed to have signed It was
performed and the bond Is valid as to them
also.
also."If
"If under the foregoing Instructions you
should find that the bond sued upon was
executed by Hill you should render n ver
dict In favor of the plaintiff for the sum of
$236,301 CO with Interest at the rate of 7 per
cent per annum from the Hth day of
January , 1S93 , to the first day of this term ,
to-wlt The 1st day of January , 1S95. Un
less you no find your verdict should be for the
defendants. "
There are Indications that the jury will
disagree. It Is locked up In n room In the
capltol building above the senate chamber.
At 10-15 p m. a lunch was sent up from
the Llndell. The court will not receive a
verdict tonight , should an agreement be
reached.
Prof. R. S. T. Patlon , late chemist of the
Chicago Health Department , reports : "Dr.
Price's Daklng Powder Is a scientifically pre
pare 1 pure mixture. "
If. II. HOn-KLL Of OMAIl.l IS VHOSR *
Hoard of Irrigation KtrrM Him to lie Sec.
rnlnry Ills Amlltntiti Nainrit.
LINCOLN , May 10. ( Special. ) The State
Hoard of Irrigation today elected R. 13. How ell
of Omaha to be secretary of the board , and
ho following under secretaries : R. M. Alkon ,
Nuckolls county , for the First water district ,
nnd Frank Dacon , Dawson county , for the
Second water district.
*
Frank Dacon of Dawson county Is a resi
dent of the First water district , the same
as R. M. Alkcn. The Irrigation law provides
In section 11 that each under secretary "shall
reside. In the water district for which ho Is
elected. "
Mrs. A. L. Packard , formerly In the state
auditor's office , has accepted the position of
teacher In the Girls' Industrial school of
Geneva.
_
Oppniail to lllllUrd Hull. .
ASHLAND , Neb. , May 10. ( Special. ) The
city council of Ashland last night refused to
grant a license to John E. Smith to run a
billiard hall within the city limits.
The school board appointed J. W. Crab-
tree as a committee of ono to ask the deal
ers In tobacco In Ashland to desist from the
sale ot cigarettes , and as a result J. W.
Moon. S. B. Hall , Clark & Wakefleld. J. W.
Ilrownoll and V. P. Hathaway signed the
agreement to stop , while George- Hoffman &
Co. refused to do so at present , taking the
matter under consideration.
Frank T. Young , the winner of the prlxe
In the oratorical class at the district con
test at Plattsmouth , April 5 last , left this
morning for Grand Island to represent the
district In the state contest there this even-
Ing. _
Knglneor * In the Meld.
VIRGINIA , Neb. , May 10. ( Special Tele
gram. ) The engineer corps of the Nebraska
division of the Gulf & Interstate railway Is
camped here , awaiting the arrival of Assist
ant Engineer E. E. Bishop. Chief Engineer
A. G. Allen will report and begin a perma
nent survey on the 13th. Virginians are
very happy over the prospects of being
struck by such lightning as this people's
highway that Is to become the property of
the state. .
_ _
Mxrrl > Ml Mt Hitting * *
HASTINGS. Miy 10. (5pclJl. ( ) Mr. Frank
Uurr and Mlis Eva L , Wanzer wera married
Last night at the home of the bride's parents
on West Third street. The groom Is a Kan
sas City gentleman and the bride the daugh
ter of Chief of Police Wanzer. They leave
tomorrow for Atchlson , where they will re
side.
Once Ileililant of Fremont.
FREMONT. Neb. , May 10 , ( Speclal.- )
Charles Nehrbas , the traveling man who was
killed In the hotel flre at Montrose , Colo. ,
was a resident of Fremont for year * . His
family resides here and the body will be
brought to Fremont tor burial.
BUSINESS HOUSES BURNED
Oerosco , Neb , , Almost Wiped Oat by an
Incendiary Tire ,
EVENTY-FIVE THOUSAND DAMAGE
no Me Corel Under Arrest for Starting the
Jtlnie and It Is Claimed that But-
flceut Kvldcnoo Insists to
Convict Him ,
VALPARAISO , Neb. , May 10. ( Special
'elegram. ' ) Word was brought hero this
nornlng that the entire business portion ot
ercsco , twelve miles east of this place , was
estroyed by flre last night. The postoOlce ,
iank , hotel and every business house w r
ntlrely wiped out.
The flro started In a small building owned
Frank I doOn account of the high winds
he flames spread rapidly and It soon became
ivldent that the entire business portion of
ho town would be destroyed Many people
-vero unable to save an ) thing. Some of
he merchants were able to remove a small
portion of their stock. The fire consumed
n all twenty-eight buildings , which Includes
ho stores of Sayers & Walker , Ulakestead
tiros. , H. Andrus , C. V. Swanson & Co. , the
State Hank of Ceresco , the hotel building and
drug stores of Dr : Hush and Dr. Krlckbaum
There Is not a building left In the business
part of town and several residences were
also destroyed. The loss will probably ag
gregate $75,000 , of which only between ono-
hlrd and one-half Is covered by Insurance.
Ono McCord Is under arrest , charged
ftlth setting the flre , and It Is claimed that
ulUclent evidence has been discovered to
convict him.
GRAND ISLAND , Neb. . May 10. ( Special )
Flre , the origin of which Is unknown , last
night caused a total loss of p'rhaps $2,500 on
he two-story building owned by E. Dlehl ,
Ills household gcods and stock ot groceries ,
and the household goods of Scott Seals and
klrs. Ramey , other occupants of the bulld'ng
drs. Ramey , who occupied rooms most dls-
antly located from the flre , was the first to
discover It. She at once aroused tha other
nmates , who did not have time to remove
any furniture , and succeeded In saving but
Ittlo clothing. Dlchl has a grocery store on
ho first floor , and the loss on his stock by
smoke and water and on his household goods
and building will probably be over $2,000
The flre dspartment rendered excsllsnt
service. The building Is a frame , there was
a high wlnil from tha north and the flre
started at the north end of the bulld'ng ,
and yet only the rear half of the upper
lory was burned
KEARNEY , Neb. . May 10. ( Spec al Tele
gram ) A dastardly attempt was made last
night to burn the Third ward or old High
chool building. Entrance vas gained by
ireaklng In a window and the flre was set
n a lot "of loose paper. Two flres were
et at the same time , but the blaze was
een and put out before much damage was
done. The flre was started In the room
hlch has the specimens of drawing now
n exhibition from various towns , and some
f the work was destroyed There Is no
lew to the perpetrators. Some think It
. \as the work of boys.
Pure food laws are demanded by public
lealth. Their most exacting provisions could
n no wise affect Price's Baking Powder for
t Is the perfection of purity.
ILL nnouru *
overnor Hiilcnmli llxplutiin the Mtutttlun
nnd Prp pnt I'rotpecH.
LINCOLN , May 10. ( Special. ) Governor
lolcomb has authorized the following slate-
nent : "I have been advised by the State
toilet commission that the wants of the
leople In drouth stricken portions of Nebraska
lave been supplied lo such an extent that
urther contributions from sources outside
ot the state are unnecessary and that there
remains In the hands ot the treasurer of the
commission sulllclent funds to care for any
solated cases which may arise.
"In maUng this announcement I desiree
o acknowledge , on behalf of the people
of Nebraska , our gratitude for the evidences
of kindly Interest u hlch luve come from al
most every state In the union. In the form of
jenerous donations to relieve the distress of
our unfortunate drouth sufferers , and to the
railroad and express companies , which have
iransported these contributions , In many
nstances , free of charge.
"From 1S70 to 1890 the thousands of farm
ers from eastern states who settled on the
) road prarles of Nebraska sowed and reaped
xumtlful harvests The unfortunate drouth
of 1S90 was followed by two good crop sea
sons. Little was produced In the western
mlf ot the state In 1S93 and the story of
liot winds and lack of moisture In 1891 Is
well known.
"Thousands of families were rendered al
most or entirely dependent upon the state ,
and the legislature contributed liberally to
provide them with food nnd clothing and
; raln for sceJ nnd feed for teams Thrifty
'armers In more favorable portions of the
state contributed of their substance to pro
vide for their unfortunate brothers , while
the charitable people of almost every state
n the union responded most generously.
"But the spring has come and with It
every prospect of a bountiful crop. Never
were the conditions more favorable for great
yields of all farm products. In the return
cf prosperity the people of Nebraska will not
'orget the generosity of their friends and
they will again become donors Instead of
recipients of aid. "
Uo I u Onii mi > .nt Hnrniy.
PALLS CITY , Neb. , May 10 ( Special. )
Wllllsm Deroln shot John Lesley of Preston ,
Neb. , Wednesday. The bullet range-d up
ward and was taken out on the top of the
shoulder. After the shooting D roln ran and
got Into Joe Houbldoux's wagon and com
pelled him to drive him out of tonn. Ho
was followed and caught when a few miles
away. The night before Droln carvd Joe
Itoubldoux In the arm with a knife. He was
brought to this city and taken before Judge
Musselman Thursday and pleaded guilty to
the charge of shooting with the Intention to
Mil and was bound over to tli ? district court
under J 1,000. The cause cf the shooting' Is
unknown. Both are Indians.
A slight pan'c ' was narrowly averted last
night In the Gehllng opera hcuse. Two
drunken men fell down the balcony stair
case and a rush was mad ? for the stairs by
the audience , as It was thought to ba flre.
U was fuly an hour before the house could
bo quieted. _ _ _ _ _ _ _ _
Limiting Aftvr tlin uH' IlltrrpiiU.
DKCATUn , Neb. , May 10 ( Special ) A
prominent business man of Omaha , Mr.
Stoddard , an officer of the Gulf railroad , has
been here for the past few days looking up
a prospective road bed for Ma road through
this county. He Interested the people and a
purse ot $150 was raised to make the sur
vey which Is now going on. County Surveyor
Pratt la doing the work. He says It will be
to Omaha's Interest to have U come this
way , because If they happen to build on the
other survey , which goes by Arlington , the
road would miss Omaha and go by Lincoln
Acoil llratrlce < Itlren l' ralrzn < l ,
UEATRICE , May 10. ( Special Telegram.
Russell Dow , aged 81 , and an old restden
ot this city , was stricken with paralysl
yesterday while at the dinner table and has
since been In an unconsc ous state , with n
hopes of recovery. His left side and both
lower limbs are affected by the stroke.
UniAlm .Miin Clirgni | wllh Cnuiiterfeltlne
FREMONT , Neb. , May 10. ( Special Tele
gram. ) George Irwln of Omaha was ar
rested by Marshal Nelson this afternoon o
a charge of attempting to pass counterfel
money. He had In his possession som
counterfeit silver. Judge Homes bound bin
over lo the district court. He went to jal
Money for Itutlo UoniU Forthrumlnc.
DUTTE , Neb. , May 10. ( Special. ) M. T
Rowland and W. T. Wills , who have been a
Lincoln pushing the county bond mandamu
In the supreme court returned yesterday
having accomplished their object. The bond
mve been sold and the money will bo forth-
omlng next week. *
H. It , Green ot > 'tho Dank of Dutte Is
ettllng up the business of the bank , pro-
aratory to the closing ot the Institution ,
which baa gene IrrtW voluntary liquidation.
Editor Wlltso ot'thn Newport Republican
an In riutte ycstoj-Uay negotiating for the
urcbaso of a prfq ng outfit.
The Gun club was practicing Monday and
. C. Sample carried'btf ' the honors , making
score ot tweiity-wvo out of twenty-five
Irds and a run of fourteen straight.
Sheriff Linn ot Charles Mix county , South
) akota , was doing"bUsTnoss In Unite Wednes-
ay. He came ovqr ont a bicycle.
Pure food Is sjpplfcd to millions by Dr.
'rlco's Baking Powder1.
LK IfT ) ( FOIST itOJHA&O.V
Irnvy Full In Icnipernturo All ( Ivor Me-
lirntkn | V'i-at < < r < litr.
FORT ROBINSON. Neb , May 10. ( Special
'elegram. ) The fall In temperature of 32
egrees In twelve hours brought on n snow
torin this morning , which lasted half an
lour and made the hillside vvhlto. The
vealhcr has been quite cool all day , with
ccaslonally a bit of hall
BEATRICE , May 10. ( Special Telegram )
It has been extremely cold here today , the
nercury having fallen about CO degrees since
cstcrday noon. A fine rain fell this aflcr-
10011 , and the Indications arc that It will
HJ warmer before morning.
BUTTB. Neb. , May lu. ( Special ) More
han an Ich of rain has fallen In this vl-
Inlty the past week and the prospect for n
lountlful harvest of every form product was
lover better.
ALDA , Neb. , May 10 ( Special ) The best
aln of the season struck th's ' place at 7
his morning and prospects are good for Its
continuing throughout the day.
O'NEILL. Neb , May 10 ( Special Tcle-
; rnm ) This section was visited by another
ine rain last night , one-half Inch of water
allliig. Small grain Is In line shape and Is
lnfi nicely. Corn planting Is well along.
ASHLAND , Neb , May 10 ( Special Tele-
; ram ) This morning about 3 o'clock It
urned colder nnd continued till about 3
> . m , when a cold rain set In and continued
or one hour. Tonight Is clear and causes
a great deal of anxiety for the welfare of
rult crops.
MALVKRN , la. . May 10 { Special Tele
gram. ) A difference of 46 degrees of tem-
icrature In twenty-four hours Is shown by
hermometers here. Yesterday and Wednes-
lay they registered 91 nnd ! )5. ) today 43. It
rained about three hours today If It clears
up tonight there Is danger of frost.
CM. A It 1C 01' YtHIK Till : WlNXKIt
Itiiuml Contort of tiin Illi ; ! ' School Ucclmit-
utnry Union.
GRAND ISLAND , May 10 ( Special Tele
gram ) The annual contest of the Nebraska
Ugh School Declamatory union was held at
he opera house tonight before a largo audi
ence. The speakers were divided Into three
classes , oratorical , dramatic and humorous.
leuben Clark ot York led In the oratorical
class ; subject , "Spartacus to the Gladiators. "
Sidney Dillon Wilson of Tekamah followed
vlth "Regulns to the Carthacenlans , " and
Frank T. Young of Ashland closed the pro
gram of the oratorical class , subj ct , "Genius
s Not Greatness. " In the dramatic class
Miss Mabel Bailey cf Ha-tlngs led with the
'Massacre of Zoroaster , " then Miss Amelia
irunncr of Fremon , In "Zingarclla' nnd
Hiss Maude Man/.sr of. Plattmouth In "Sister
and I. " There vvtirBic-uly two In the humor-
class , Charles Bvkley of Hampton In "Uncle
Daniel's Appirlti " and Miss Floy Stowe of
Ulyssei In "Dan * , * Qreen's Wonderful Fly-
ng MacSl " ,
Awards "fere mAO-i-by judges as follows-
5ratorlral class , Iteubon Clark first , Frank
Young second ; dramatic class , Miss Mabel
lalley flm , Msi ! Amelia Itrunner second ;
lumoroui class. Charges Bucnley first , Miss
UOAO second. i
Ins d Cl | oq of the Judges were received
n every Instance with marked approval by
the audlenc ? , expressed by liberal applause.
Tlio Judges were Superintendent J I Morey ,
Ccarney ; W J W-llson , Columbus ; R. Mc-
Kelvery , Central City ; referee. Superinten
dent Maynard Splntt , Grand Island. The pro
gram was lnterspprA < l with the best vocal
mu-slcal talent In Uio city.
YORK , Neb , M.ay.10. ( Special Telegram )
When the newi reached this city tonight
that Clark cf Ycrk had won In the oratorical
class at the state contest held In Grand
Island this evening there was a scene of
enthusiasm. A Urge crowd had waited for
lews from the contest and when it was an
nounce ! a mob of Clark's Jchcolmates formed
n line nnd marched over the city , making
the nlr ring with their cries of "Clark. "
lie- will be escorted from the depot tomorrow
jy the York band and the entire school.
IAD i UIMIS n u inn vuui
) r. Kills Holil Up by 11 Moll and M
to Hold III * ( Urn.
BUTTE , N b , May 10 ( Spc'al Telegram. )
Some months ago , while on a professional
visit to Dutte. Dr. Ellis , living near FJlrfax ,
S. D , was wayla'd by a party of vlgllants ,
who discharged a number of shots In closs
proximity to his head. Ellis returned the
Ue with such good effect that ono of the
assaulting parties dropped in his tracks and
the others dccaTped. Ellis went homo and
notlfl d the officers that he believed ho had
dllcd his man. Parties started out to bring
.he body to town. Arriving at the scene ,
traces of the disturbance were numerous , but
diligent search could not disclos the where
abouts cf the supposed deaa man.
The affair soon died out and no moro was
thought of It until yesterday , when Len
Hartley of Atkinson , brother of the state
Teiaurer , came over from Atkinson and In
consultation with parties here disclosed the
fact that William Hunt , un ex-vlgllant of
.he Nlcbrara valley , had licsn at Atk'nson
Tor some time under.the care of a physician
ror a severe wound In the thigh. Hunt says
t was the result ot un accident. Inquiry
shows that Ellis , who had Incurred Hunt's
enmity by jumping his claim last fall , had
been wa > latd by Hunt and a number ot hla
Friends with the Intention of putting him
out of the way and securing possession of
the claim. Luckily Ellis was prepared for
th ? emergency and still holds the fort against
Ills enemies. Hunt Is said to bo In a pre
carious condition , but will recover.
MiiuKar SuccutiiU I.ltllr.
NORFOLK , Neb. , May 10. ( Special Telegram -
gram ) When Dr. J. II. Mnckay , who was
recently appointed by Governor Holcomb as
superintendent of the Norfolk asylum , pre
sented himself today at the hospital to take
charge , the building was turned over to him
without friction or trouble.
V. I' S. ( . . K lomciitlnn ,
YORK , Neb. . May 10 ( Special Telegram. )
The Young People's Society of Christian
Endeavor convention ! Is In session at this
place. A receptldn was tendered the dele
gates this evenhig 'it the Congregational
church. > " "I"
ONLY ONE LEFT TO ANSWER
All Accused Slayers of Robert Phillips Dis
missed Except Jamca Elnnn.
UNLIKELY THAT HE WILL BE HELD
Sudden Conclusion of a Murtlor Trial that
1'roniUcd to Contluuo ijercrul Wecki
Aiitc-Mortom Statement of the
Victim H 1'ruturo.
TEKAMAH , Nob. . May 10. ( Special ) -The
Robert Phillips murder trial came to a sud
den stop Immediately upon the convening of
court after dinner today , when the counsel
for both sides held a consultation with the
court and all witnesses were promptly dis
missed from further attendance
All the forenoon had been t.il.on up lit
drawing from a dozen witnesses what could
bo gleaned concerning the former run ot
the river. The case had devolved entirely
upon the jurlsdlctlonnl question , and the
wllnesses were about equally divided 'In
opinion as to which state the shanty stood In
nt the time the murder occurred.
To continue the trial and hear all the long
list of witnesses subpoenaed and held gave
no promise of shedding any more light to
the jury.
Before the state began Its argument the
court announced that In Its Instructions It
would hold that not sufficient evidence had
been given whereby to hold defendant , Rob
ert Llgh' , and that such mention was made
that the counsel might govern themselves
accordingly In their arguments.
The county attorney led In the plea to the
Jury "ilns a crime been committed within
the Jurisdlct on of this court , and If so , who
Is the guilty pail > ? " liu asked , nnd scorched
ths defendants In strong language , bitterly
denouncing the meeting of the Law and
Order league. Hying the guilt directly at
the door of Its members.
It is very well Known that the prose
cuting attorney does not believe , and never
did bellevo , the murder was committed
within the jurisdiction of Nebraska , > ct he
undo as stroiiK a plea as he bad all along
bravely fought to brace up his case , and It
may bo truthfully said no stronger case
could have been made. This Is the opinion
of the members of the bar. Should he lose
In his last hope , that of convicting the re
maining defendant , James Blann , It will not
be his fault , as ho reluctantly prosecuted
the case upon being pressed to do so b > the
attorney general.
The strongest evidence aga'nst ' Blann Is
Robert Phillips' anlo-mortem statement that
Blann flred the shot tint killed him. Fred
Lass and Charllo Hngle each testified that
they recognized Dlanu's voice that cried
"Get out If jou want us to stop" Just before
the final shot was flred with fatal results.
Lass and Engle testified nt tha post-mortem
that the murder was committed In Harrison
county , lo.va. In the trial of the case they
both swore the deed was committed In Burt
county. Nebraska. Doubt Is prevalent as to
whether or not the Jury will return a ver
dict of guilty , and the prosecut'on even mani
fests doubt about Blann being held.
What yesterday promised to bo n long
drawn out trial of Intricate law points and
Jurlsdlctlonal problems gees to the Jury to
night for their decision , nnd tomorrow may
bring a verdict.
The court's Instructions to the jury dwell
at some length on the Jurlsdlctlonal ques
tion , which Intricate problem Is left for the
Jury to decide.
Sodden biscuit , peevish men and general
discomfort abound in homes where any
cheap baking powder Is used. Dr. Price's
Is purest and best.
OA juts i.vnas
Mniiy I Inn r.irum . .Vlrr.ulyVlioliy or
1'iirlliillv ii | > | i tetl ultn Yt liter.
SIDNEY , Neb , May 10. ( Special. ) A great
leal has been written regarding irrigation In
Vcbrabka , but little has been said of the
fertile valley of the Lodge Pole , lying be
tween this city and the village of Lodge
Pole , twenty miles on the cast. There can
be no question but what Irrigation permits
the widest diversification of crops. Thou
sands of tons of alfalfa and grammer grasses
have been shipped from this valley yearly ,
and this season the farmers and ranchmen
have done their level best In the Interests
of Irrigation and for the reclamation of the
great American desert. These lands , cltu
uteil along the line of the Union Pacific i ail-
way , nro admirable In location , rich In soil ,
an abundance of water , and are at an alti
tude where every sort of product not tropical
can be grown Much attention has been
paid to the raising of good , marketable ha )
nnd alfalfa for the Colorado and W > omlng
markets
From Sidney eastv nrd the first plant to
attract attention Is the B. A. Jones farm
He has erected a fourtccn-lnch Miles deluge
pump , has a reservoir 1G , " > feet in diameter
and eight feet high. Ho will farm about
forty acres.
Two miles further cast was the large
ranch of C. E. Borgqulst , who has a large
tract near the Lodie Polo creek. Further
on the Bordwell ranch , with 300 acres under
irrigation , Is a pleasant sight. Mr. Dorducll
is a large hay shipper , and also packs hun
dreds of tons of Ice. The next Interesting
ranch Is Halo's Ho has a 1,200-acre farm
and Is raiding grain on a largo scale. Krueger -
ger Bros. , a mlle further east , cut from 400
to COO tons of hay annually.
H Ilartllni ; has erected a large steam
plant nnd expects to Irrigate eighty acres.
Mike McLoughlln ! < as ICO acres on the
Lodge Pole ditch and Is an extensive hay
shipper.
Hank Neumann Is one of the oldest set
tlers In the valley , coming here In 18C7. He
cuts from COO to COO tons ot hay and raises
the finest small grain In the state.
T C Howard , a newcomer , has pinned his
faith to the country nnd will astonish the
natives with his ICO ncres on the ditch.
Luther Dickinson , Firth Booth and M H.
Tobin also ralso a prolific quantity of hay
and have each filled many contracts this
past season.
Mrs. Barry , proprietor of the Hotel Del-
monlco at South Omaha , has a valuable 400-
ncre farm on the ditch , and while farming
she Is raising blooded horses for the eastern
states.
Friend Dickinson and Henry II. Llbby
have resided on the Lodge Polo creek many
years. They nro public spirited men , and
are constantly Improving their farms. The
latter gentleman has one ot the best ar-
langed ranches In Cl.eycnne county CIO
acres covered with water find 1,920 acres
for pasturage He Is also a horse raiser.
The Oberfelder ranch Is one of the best
equipped on the creek. It Is owned by Hon
Robert S. Oberfelder of Sidney He has COO
acres under irrigation and has four large
dams located on his farm , besides a Miles
WORSE THANJOtfERTY ,
Poor Blood and Nerves Out oi Order-
Take Paine's ' Celery Compound ,
Among all the structures that make up the
human body , the nerves have been until re
cently the least understood.
The role of the nerves In the digestion and
assimilation of food Is a highly Important
one. The question whether the food shall
nourlih or become a mere load upon the sys
tem Is a question of nerve force.
Neglect to satisfy the demands made by
the nervous sjstem carries heavy penalties.
When this nervous force la exhausted the
digestive processes are ob'tructed , the body
Is weakened and pains of neuralgia , Indiges
tion , rheumatism , Invade Its parts. During
repose the nerves and greit nerve centers
feed upon the nutritive material tl.al is stored
In the blood and tissues It Is when this
supply ot nourishment Is piompt and abun
dant thnt the nervous system Is able to re
cuperate , but when the system has become
too tired to appropriate sufficient nourish
ment and the neives too bliaky to get the rest
they need , that best of all blood purifiers ,
nerve foods , and nerve regulators , Palne's
celery compound , should bo given at once
Palne's celery compound has brought
health , strength , and freedom from nervous
weakness to thousands of tired women , "tun
lovvn" nipn , and sickly children. It makes
them able to sleep soundly , to digest their ,
fcod perfectly , nnd to win back health and
strength. The tired brain and nervej are
rebuilt and their wasted parts repaired dur
ing sleep and where nervousness , Irritability ,
and Inadequate nutrition of the nerve centeia
deluge pump He has Just finished planting
a magnificent orchard , under the direction ol
Mr. Stephens , president of the State Hoitl-
eultural society Mr. Oberfelder In a. largo
grower of alfalfa and upland hny , which ho
has shipped by the train load to the markets
of Denver and Colorado Springs.
Harry Barrett has ICO acres which Is be
coming the wonder of the , valley.
Pieparatlons are now being made to en
tertain the large number who will be In
attendance next fall at the meeting of the
state Irrigation convention. The people hero
are all alive nnd every effort will be made
to advance the new era that Irrigation will
produce. -
I'ltOsTKCl'S IN AN 1 IJI.Ol'K AHP. OOOIJ
Acrugo nt Sum 11 ( intm ll.i * Uccronsciil mill
( orn lntrp ncd.
NELIGII , Neb. , May 10. ( Special. ) Ante
lope county today has better prospects for
both small grain and corn than for several
years. The acreage of small grain this
year will not b ? as largo as last , but con
siderable moro corn Is b < Mng planted , prob
ably one-third more. Huffman & Rollins
will have 000 acres In corn when through
planting , J. W. Getchlo 325 , and all others
In proportion as they have land. Grass on
the lower lands Is eight and ten Inches high
and on the upland four to eight Inches.
Small grain Is all up and a good healthy
stand. Corn thnt was planted early [ 3 com
ing up with a good stand.
One who had not seen the country last
September would not belleva It could ba
burnt up so , judging from the sight you sec
today whllo looking It over.
I Illrlrt Court lit ( irrlnc-
GERING , Nib. , May 10 ( Special ) There
are forty-nine cases on the docket of the
spring term of district court of Scolts Bluff
county , now being held here. There are
none of startling Importance.
TcnnnRon ItofimcM on Appropriation.
NASHVILLE , Term. , May 10 The house ,
by a vote of Cl to 30 , rejected a bill appro
priating $300,000 for the Tennessee Centen
nial exposition. A motion to reconsider was
entered.
H RO AL has the highest leavening power of any powder examined , and
is ptjreaand wholesome. No other powder gave resuhs so satisfactory.
| fr FLOYD DAVIS , M. S. , Ph. D. ,
; , J , Chemist of Iowa State Board of Health.
* & 5&3StaSSi8i&&S
Vienna Turlit HolU.
Divide the dough , as described for Vienna
rolls. lze ol a small egg. then divide each
piece in two unequal plecei , largest piece
form with lunds Into plain roll tapering at
each end : lay them thus formed on greased
baking tin without touching , flatten each a
little and wash over wllh milk , divide re
maining pieces each Into three , roll pieces
out under the hands Into strips a little longer
than roll already made , and braid them ;
then lay each braid soon as formed on top
cf other plain half ; when all flre made wash
over with milk. Bake In h6t oven twenty
minutes. A very handsome roll for dinner
part )
Jrahnm Unfrment rt Urrad.
One and one-half pints Graham flour , one-
half pint flour , ono tablespoonful sugar , ono
teaEpoonful salt , two teaapoonfula Hoyal Bak
ing I'cmder , one and one-quarter pints milk ,
or equal parts milk and water ; sift together
Graham flour , flour , sugar , salt , and powder ,
add the milk or milk and water ; mix rapidly
Into soft dougb , which pour from bowl into
greased tin. Bake In rather hot oven fcrty
minutes. Protect loaf with paper first fifteen
mlnutei.
tlrnlmm Hulls.
One pint Graham flour , ono pint flour , one
teaspoonful salt , two teatpconfuls Hoyal Bak
ing Powder , one tableipoonful lird , three-
quarters pint milk. Sift together Graham
flour , flour , salt and powder ; rub In lard
cold ; add milk , and mix the whole Into
smooth dough that can ba handled not too
soft ; flour board , turn It out , and form Into
rolls shape and size ot large fingers. Lay
them on baking sheet , to they will not touch
Wash their surfaces with soft brush , dipped
In milk to glaze them. Bake In hot oven
from ten to twelve minutes.
llrourn flrrad.
Corn meal one pJnt , one pint rye flour ,
one teasnoonful brown sugar , one teaspoonful
salt , two teaspoonfuls Royal Baking Powder ,
one tableapoonful lard , three-quarters pint
milk. Sift together corn meal , rye flour ,
lugar , salt and powder. Rub In the lard
cold ; add the milk , and mix the whole Into
a batter like cake. Pour Into greased Un
and bake forty minutes In rather hot oven.
Protect at first with paper.
do not permit sufficient sleep , nervous projr
Oration , lassitude and despondency nro suf *
to follow.
Paine's celery compound guards against all
this by promptly feeding the exhausted nerves
and making the blood pure , abundant , and
nourishing. It cures neuralgia , rheumatism ,
dyspepsia , all forms of nervous weakness ,
despondency , skin diseases and affections ot
the heart , liver and kidneys. U sends pure ,
vitalized blood to every organ , and thus
makes people well. Palno's celery com
pound has found Its way originally through
prescriptions by physicians , Into every city
and smallest village In the conn try I
It would bo very difficult to find a marl or
woman of mature ago who has not either been
helped by this remarkable remedy or has
heard of Its marvellous properties at first
hand from some enthusiastic friend or rela
tive.
tive.Palno's
Palno's celery compound Is the only great
popular remedy that physicians of every
school prescribe for disorders of the blood and
nerves.
Says Mrs. Kate Manuel. 21CH 3d ave. ,
Minneapolis , whoso plcturo Is above :
"I have ben greatly benefited by Palno's
celery compound. I have taken six bottles ot
the wonderful remedy , nnd recommend It to
all who nro nflllctcd as I was. For years I
have suffered from Indigestion , and know not
how to give due thanks for the relief that
I have received whllo taking Palne's celery
compound. My son-ln-lavv has taken two
bottles for a similar trouble and It has made
him well. "
DUFFY'S
PURE Mlf WHISKEY ,
All
AMUBEIMIJIN-TS.
The Grandest Event of tiie Season I
FRIDAY BOYD'S SATURDAY
MAY 10-11.
Blntlnou Miturday. Mny 11 , nt U.10 ; p. m.
Beats now on sale at the theater.
TICKETS $1.00 : 75c , 50c.
Wonderful ! Beautiful ! Mystifying !
THEATER
Monday Evening , May 13 ,
NHillT ONLY.
Elk
10 UNI ) fllEN 10
GO-ON THE STAGE-00
Nuir .SOUK" , Ncvr Jiiknn , No IT
KvcrjrthlliK Nevr ,
Cbolcn of boxes will bo Hold ut auction I'rlday
nioriiliiK < it U o'clock" ,
Sulo of rcaorvud sonts will open Saturday nt
U u. m.
Tuesday Evening May 14 ,
OneCONCERT - One
-BY-
John Piiliip Sousa's
PEERLESS CONCERT
CONCERTF6
rRICL'H TSo and 110) Thi > rnl * of cata
will open rrlilay inoriilni ; at U o'clock
- Ticket * for place In Una will bo lulled
Thumday night ut V o'clixk
The Grout Hungarian VJolinlbt ,
and Ills Splendid Company.
The Concert Event of the Season
SI'LP.NDII ) PROfirtAM , INTRODUCING
PAVOHITB NUMII1U19.
ONONNL'Y.HT ' Association Hall , May 14
Capacity of Iloutei Touted KYerytrhcre.
HosHrved HoaU 7Cc , now selling rapdly ! at Y ,
41 .0 , A. OOlCH. Hotter secure ยง utb now ,

xml | txt