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began suit today against the Lincoln Gas Company for $5,000 damages. Columbus Maggard, whose estate plaintiff represents, was employed as a teamster, and on the occasion of the boiler explosion at the gas works, was getting a load of wood near by. Part of the iron struck and killed him. Plaintiff claims that the engineer, Wm. Dinneen, was incompetent, and the boiler unsafe, rickety, rusty and worn out.

The Hutchinson injunction case was continued two weeks.

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The Sheedy Trial.

Immediately following the opening of court this morning, Colonel Philpot counsel for Monday McFarland, arose to a question of personal privilege as relates to the right of his client to hold private interviews with his (the prisoner's) wife and other parties. "We exercised this right last night after the adjournment of court," said Col. Philpot, and it appears to have raised a great roar on the part of counsel for the state. The interview referred to, "remarked the attenuated counsel growing in warmth of expression and animation," was between Mr. Carder, one of our witnesses, and Monday McFarland, one of the defendants, and our client. I know this is permitted in civil cases, and certainly when life is involved the necessity is much greater, and of more paramount importance. That the law permits the defendant to have these private interviews in the presence, but not in the hearing of the jailor of other authorized officials I maintain as a right, which we shall insist upon."

"I think," said Judge Field, interrupting, there is no impropriety in according to defendants the privilege of holding private conferences with their own witnesses and counsel, as they have an [undoubted?] right to do all thay can [legitimately?] to assist their own defense. [However?], I think those conferences, if held [???] his wife or others, should take [???] in the court room and during the [?] of court."

[?] Frank Hall, for the state, [advised?] the court in the interest of the [??], stated that the interview [??] McFarland and Carder had occurred in the court room last evening after [?], and while Judge Fields [??] from the room. This he thought unfair and not permissible under the law.

Judge Field, in passing upon the controverted point, stated that it had come to his knowledge that some person had applied at the jail last evening for permission to converse privately with McFarland. The jailor had applied to the court for instructions to guide his action in the matter. The court would therefore direct the jailor to grant no private interviews of the character unless it should occur in the court room. In this latter event the court would determine the matter by an order in each instance and direct the jailor to make application whenever the privilege was desired.

In concluding his remarks, Col. Philpott claimed that Counsel Hall and Detective Malone had made an impertinent attempt to overhear the conversation between McFarland and Carder last evening. The colonel grew indignant, and drawing up his five feet six inches to their greatest altitude, declared that such interference would not be tolerated in the future. To give added force to his haughty declaration, the colonel imparted a meat-ax expression to his features, gathered the tails of his coat about him and planted himself with a "dull sickening thud" in his chair, from which he glared ferociously upon opposing counsel. Colonel Lambertson looked down from his Pike's Peak elevation, and humorously smiled, while Mr. Hall cast an imploring glance of appeal to the court.

Col. Billingsley concluded the torrent of talk by coyly intimating that counsel for the state had control of the press, and was otherwise holding this sublunary planet by the caudal appendage and playfully swinging it in space. Having squelched the press the stalwart counsel for McFarland smiled complacently and taking his seat, prepared for a controversial tournament with his friend, the enemy, Col. Lambertson.

The difficulty heretofore existing of securing jurors on account of opinions previously formed, was supplanted this morning by the appearance of a number of visibly willing candidates, who either desired to secure positions upon the jury for the emolument in sight or for another purpose, which, to say the least, aroused determined hostility and plain apprehension on the part of counsel for the prosecution, who met the emergency, and succeeded in having a number of these suspiciously regarded veniremen rejected.

One of the gentlemen, named R. H. Corner, gave Counsel Frank Hall, who was conducting the examination, a long and doubtful struggle, and though Mr. Hall finally succeeded in getting Corner dismissed without exercising a peremptory challenge, Corner said he had read a portion of McFarland's alleged confession and fragments of the evidence given before the coroner's jury. However, he emphatically denied having formed or expressed any opinion, insisting that what he had read had only created an impression and not crystallized into a defined opinon. He acknowledged also that he did not give credence to all the statements contained in McFarland's so-called confession. Counsel Sterns seemed imbued with a profound conviction that Corner would be a desirable juror and fought hard to secure his return, but Mr. Hall finally trapped him into acknowledging the formation of an opinion, and he was rejected by the court, to which defense offered and was granted an exception. Several other undesirable jurors were gotten rid of when those that followed to the number of ten or twenty acknowledged they had formed opinions and could not sit in the case and accord defendants a fair and impartial trial.

Then followed a long and amusing verbal contest between Counsel Stearns and John Sterum, in which the attorney sought to entrap witness into the statement that he had formed and expressed an opinion. The questions were shrewdly put, but as cleverly parried or unsatisfactory answers made. Mr. Strode then rushed to the assistance of his associate and witness was bombarded with interrogatories until he lost their drift and was compelled to resort to the record. Stearns made a heroic effort to catch Sterum napping and induce the court to reject him, but his attempt was in vain, and the man was ordered into the jury box, but was at once removed by peremptory challenge.

Attorneys Hall and Lambertson, having only a short time previously emerged from a similar contest victorious, sat opposite and grinned good-naturedly at the misery of their brothers in grief, knowing well the trying ordeal through which they had passed.

The defense soon collided with a difficult snag in the shape of a young man whose answers to questions were not regarded with favor. Again Counsel Stearns buckled to a severe task and at the conclusion of a long and doubtful examination secured the dismissal of the young man.

THE AFTERNOON SESSION.

An amusing episode that involved Mrs. Morgan, the handsome sister of Mrs. Sheedy, leaked out about noon, and created considerable merriment. It appears that a certain twilight sheet, in a burst of journalistic enterprise, had prepared several wood cuts alleging to portray the facial beauty of the ladies in the case. This coming to the bars of Mrs. Morgan, excited her wildest alarm, and a reporter of the paper was sent for, but she failed to secure a promise from the reporter not to do so. Judge Weir and Col. Biggerstaff armed themselves with elm clubs, and, jumping into a hack, drove furiously to the office of publication, where they first implored mercy, and then brought the clubs into requisition. That they were successful in their mission is assumed from the beatific expression of intense relief that gamboled around over their features upon returning, though the editor may publish the cut and take chances by fleeing to the woods.

Among the jurors called was Joseph Carter, a colored citizen, whose complexion rivals the ebony hued McFarland himself. His answers to questions were listened to with deep interest. He was passed by both sides. The state has two and the defense four peremptory challenges left.

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The Police Record.

Four men were holding down four beer kegs at Ninth and O streets, when A. Pond, who had just bought a suit of clothes at Mayer Bros., came along, and walking into Schroeder's saloon placed them behind the bar for safe keeping and then departing. The eyes of the four men had taken in the scene, and two of them immediately rose and sauntered into the saloon. In a few minutes one of them asked for the suit of clothes, and the barkeeper supposing him to be the owner gave them to him. The fellow immediately struck out for Polsky's pawnshop to dispose of them. A few minutes afterward Pond came in after his clothes, and when he was told that some one had called for them he grew warm. The barkeeper supposing it was a scheme to make him pay for the goods, also grew warm, and the matter ended by everybody going out-doors. Officer Malone happened along just then, and on learning of the theft made a beeline for the pawnshop, where he was just in time to catch Frank Smith disposing of the suit. He was taken to the station, and shortly afterwards Harry Emmerson was corraled. They were each given thirty days in the county jail by Judge Houston.

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Will Have a Sanitarium.

H. S. Lemen has closed the sale for cash of two fine building lots which we understand are to be immediately improved by the erection of residence, mansion size. The property is located at corner of Thirteenth and P, and Twenty-eighth and N, consideration $8,600. Mr. L. informs us that he is in communication with two prominent M. D.'s of Chicago, who proposes the erection in East Lincoln of a large sanitarium of proper dimensions adapted to the growing needs of the city.

These professors have visited several business centers in the west, and after thoroughly studying the advantages of each, express their preference for Nebraska's capital. Our numerous educational institutions are among the chief inducements, and will doubtless be the means of capturing another $50,000 hospital.

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Adam Rucker Found Dead.

Adam Rucker, an aged negro whose name has often adorned the police register, was found dead in bed this afternoon in his room in an old brick shanty in the rear of 829 P street. It is not known exactly how long the old fellow has been dead, some asserting that he has been dead a week and others that they saw him alive yesterday. The discovery was made by some colored people who came up to see him soon afternoon. The room is a desolate looking place, almost entirely destitute of furniture, the old bed being about the only thing in that line. Rucker was lying with the dirty bedclothes about half covering him, while his head lay thrown back on the pillow. The jaws were set as though death had not been entirely painless.

The theory of suicide was advanced, but those who know the old man do not believe it. Six years ago he lived in Falls City, Neb. and was possessed of considerable wealth. After his removal to Lincoln in 1885 he entered on a career of drinking and gambling, which soon dissipated his wealth, and his proprietorship of a crap-shooting den and a handy house brought him before the police on numerous occasions. Two years ago his wife died, and for the last six months the old man has been in ill health from rheumatism and other causes. He was probably about 60 years old.

The old man walked with a limp, and was a well known character around town. He has eked a livelihood latterly by gathering rags and similar employment, and it is more than probable that it is a case of slow starvation, his limbs and body being terribly shrunken. A few years ago he got into trouble over his haste in drawing a loaded shotgun on a farmer.

Dr. Holyoke, county coroner, was summoned and impanelled a jury, with H. T. Dobbins as foreman, who returned a verdict that death resulted from old age, combined with rheumatism and hard drinking, and no evidence of foul play existed.

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WANTED--5,000 pigeons for the Nebraska state tournament; will pay highest market price; apply at W. F. Coole & Co. a gun store, 140 South 11th st.