156
LOCAL NEWS.
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TUESDAY
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From the District Court.
Martin McNamara and James N. Clark, two neighboring farmers of Oak precinct, poured forth their respective tales of woe to Judge Field and a jury in district county court yesterday afternoon. Artin owned ten head of stock of predatory proclivities, and one day in the dim and musty past, impossible to fix because the court is about [steen?] years behind its docket, they wandered into Clark's orchard and cornfield and damaged the latter about $61 worth. Clark locked 'em up, and notified his neighbor to appoint an arbitrator, which the latter agreed to do, but didn't McNamara replevined the stock, and the suit was to fix the right of possession. The jury found for plaintiff, and sent him home rejoicing with the munificent damages of one cent.
Tody Judge Field and a jury are engaged in hearing the case of J. F. Barr vs. Kimball Bros., to recover four months rent for a building at 1187 M street, amounting to $160. The plaintiff contends that the building was rented to defendants in 1887 for three years, but in 1889 they moved out, and refused to pay the rent. The defense is that they were induced to rent the building for a term of years on false representations of W. G. Pittman, that it was a good building. When a house that was situated immediately east of the building was moved away the defendants discovered that the east wall was in a dangerous condition, and after trying to get Barr to fix it without success, they moved out. The building had also been condemned by the fire warden of the city, who ordered Barr to repair the wall, but he didn't do it when the majesty of the city was invoked.
Mrs. Sheedy's attorneys took another whirl at the legal mill this morning, filing a demurrer to the first and second accounts of the indictment, on the ground that conspiracy was charged, on which charge there never had been a preliminary examination held.
Fred Wohlenberg kicks on paying $2,000 damages to John Melchert. He asks for a new trial on the ground that the damages were excessive, the verdict was contrary to law and evidence, and that he has newly discovered evidence. Therewith is filed an affidavit of Dr. E. L. Holyoke to the effect that on the day before the trial young Melchert caused affiant to mrke a surgical exmaination to find out if any ribs were broken. Affiant did so, but found the eleventh rib on the left side was not nor ever had been fractured, nor had there been curvature of the spine. Melchert swore on the stand the direct opposite.
Dr. E. L. Holyoke, county coroner, appeals to the district court from the disposition made by the county commissioners of his claim of $10.30 for viewing the body of Henry E. Campbell. The commissioners had refused to pay the claim on advice of the county attorney.
James C. McHaffle, by his attorney, P. O. Cassidy, files suit against John Fitzgerald, administrator of the estate of John Sheedy, and Brad Ringer, constable, asking for conversion of property. He claims what defendants unlawfully and wrongfully and by force of arms ejected plaintiff from the Hotel--Mack, wherein he had property of the value named, and refused to allow him to take the same with him. Part of the property, and itemized list of which is made a part of the petition, he had purchased from the Sheedy estate, and part from dealers and manufacturers.
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NO MORE FIGHTING.
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The Sioux Indians Have Had Their Fill of Bucking Uncle Sam.
RUSHVILLE, Neb., March 25. --[Special.]
---The newspapers are again giving currency to reports of a prospective Indian outbreak in the spring. Correspondents not having much else to srite about are penning imaginary letters about dire calamities that are to come when the grass starts. These reports give the people here no uneasiness. That the Indians will go on the war path and indulge in promiscuous scalping of the settlers adjoining the reservation is looked upon as a preposterous idea by those who live here and are acquainted with the situation. It is a significant fact that during the late unpleasantness on the great Sioux reservation, in which so many soldiers and Indians were killed, not a single settler or his property was molested by the Indians. The Indians never stepped across the border lines of their reservation to deprive any individual either of life or property. And there is no indication whatever that they have any such intention now, or that they will have at any time in the future. Everything is quiet at Pine Ridge agency. The Indians are receiving sufficient rations to ward off starvation and, while there are some complaints because of the slowness of the government in fulfilling its promises in some important respects, the Indians are making no threats and are seemingly hopeful. The recent trouble opened the eyes of a very large number of people to the true condition of things in regard to the treatment of Indians, and much good will result from the better understood condition of affairs. Indeed the good is already manifest at Pine ridge, and there is not even a remote prospect of an Indian outbreak in the spring or at any other time. That the fighting days of the Sioux Indians are ended is the firm belief of all who thoroughly understand the situation and comprehend their condition. SIMON.
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157
From the Courthouse.
Judge Field was engaged this morning in hearing a number of motions many of them of no particular importance save the littigants.
In the libel cases of Misses Ella and Libble Meloy against the Musee, the plaintiffs were given leave this rcorning to file a new petition the old one being knocked out, and also to make W. T. Duncon, a party defendont.
Arguments were also heard on the demurrer filed by Col. Phillptts on behalf of Monday McFarland, who doesn't think that the first and second counts of the indictment against him, in which he is charged with conspiracy, should, from a legal point of view, be allowed to stand. The court took the matter under advisement.
The attorneys for Jerome and Emma Williamson, who are racing for a divorce, were engaged this morning arguing the question whether Jerome should pay Emma some money to live on while the suit is pending.
The case brought by the New Rebublic against Elders, Davis and Thomas, to recover for a press they claimed was no good, was settled ad dismissed this morning.
In county court the McCormick Harvester company have a kick coming. They don't like the tactics of H. O. Tabor, who has been acting as their agent, and bring suit to recover $50, which they claim he received from W. Cunningham for a wagon, but which he has neglected to turn over to them.
Micheal Killroy also files his complaint with the same tribunal. He says that some time last fall he contracted with S. K. Emerson to lease the latter his farm in West Oak precinct. Emerson agreed to pay him half of the rent, $525 in all, on February 1, 1891, and give a note due October 1st next for the balance. Emerson moved onto the farm last November, but has made no move to fulfill his contract, wherefore Micheal sues for the whole amount.
158
From District Court.
Thomas Hill, Junior, a minor of the age of 17 years, by his next friend, Thomas Hill, Senior, filed a petition in the district court this morning against Jamea Malone and William H. Palmer, wherein he alleges that on April 4th, 1891, the defendants wilfully, wunlawfully and with force did assault the plaintiff and did then and there arrest, imprison and [?] him in the city jail or calaboose of the city of Lincoln, against his will, for the space of two days and two nights from Saturday evening, April 4, 1891, at out 7:30 p. m., until Monday morning, April 6, 1891, at nine o'clock.
Plaintiff further says that said arrest and imprisonment was unreasonable, unjust, unlawful and made through malice and without any reasonable or probable cause whatsoever and without process or authority whatsoever.
Plaintiff further says that on account of said arrest and imprisonment he was deprived of his personal liberty for the time aforesaid and and prevented from going and attending to his work and in consequence whereof he lost his position and was deprived of the comforts, fellowship, society and assistance of his relatives and friends and has been brought into dishonor and public contempt and disgrace, and suffered pain of body and mind to his damage in the sum of $10,000.00, for which he prays judgment and costs of suit.
Whitney J. Marshall et al., this morning commenced an action in the district court against one Atwood, first name unknown, Jesse B. Strode and Patterson, Murphy & Company, wherein they allege that on and prior to March 23d, 1891, plaintiffs had a special ownership in one Gates stone breakers, with pulleys, belts, wire cable, screens and woodwork, and that on the 7th day of April, 1891, the defendants unlawfully tore down and removed said property without the consent of plaintiffs and destroyed the same, to the plaintiff's damage in the sum of $10,000, for which they pray judgment.
Judge Field left last evening for Chicago, but before going sustained the demurrers filed by the attorneys of Mrs. Sheedy and Monday McFarland to the first two counts of the indictments, which charged them with inspiracy to kill. The demurrers were based on the ground that they were not tried on that charge in the preliminary examination. The court had previously overruled severally motions to dismiss, to quash and a plea in abatement. The decision knocks out these counts.
The jury in the Shell-Young case returned a verdict finding in favor of plaintiff and giving him $55 damages.
In the Morrisey internecine fight, noted yesterday Judge Hall dismissed the action of the seven heirs against the three others, and found Louis Poska's mortgage on the premises was all right, and should be foreclosed. Everybody except Poska objectedm and the case will go up.
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David Butler Lincoln Breed.
Many years ago when this city was in swaddling clothes, and Lincoln lots were without value, when the average Nebraska man pooh, poohed, at Lincoln being the capital of the state, because they said the capital had not been legally removed. At the time the committee was appointed to locate, there was no quorum present in the legislature. That the archives were at Omaha, and the officials would never permit them to be taken away. About this time a family named Breed came to the village of Lincoln, and a short time thereafter a son was born, it was the first child born in this city, and was named after the then governor of the state and the city of his birth. David Butler Lincoln Breed. At the time the child was five years old, Butler promised a lot to the boy, and in 1873 gave him a contracts for the lot, the consideration named was one dollar.
Nothing more was heard of the matter, time rolled on, Lincoln flourished. Our population increased. The financial condition of many of our citizens were changed. Butler had met with misfortunes, a great may of the lots owned by him were sold on execution for a very small judgment obtained against him by not being defended, and among the lots sold on execution was that given to David Butler Lincoln Breed. The city of Lincoln among all these years continued to grow, the real estate continually increased until our city is, in truth and fact, the Queen of the West, and the lot given to Breed is now valuable and is occupied by the flax mill of Hon. John B. Writght, who claims to be the purchaser from John Fitzgerald since 1887. However this may be it appears that D. B. L. Breed removed from Lincoln in the early day, and has just returned to the city, and has filed a petition in equity against ex-Gov. Butler and John B. Wright, asking the court to decree him a deed to the lot.
Governor Butler has employed the law firm of Leese & Stewart to protect his rights, and a lively time may be locked for when the case is reached. Butler says that he does not care very much. The contract that he gave to baby Breed was voluntary. That the lot was from him without consideration as he did not actually owe the debt for which judgment had been taken by default. Wright, the present owner, has a warranty deed from John Fitzgerald, and the latter is not a party to the suit. There is no doubt but some fine questions will be presented.
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Gratifying Returns.
The Farmers & Merchants Insurance company of this city are in receipt of the following rather pleasing communication from a grateful patron at Grand Island, addressed as above:
GENTLEMEN: --We beg to acknowledge check for the your proportion of our recent loss by fire, being the first to remit for same, which is a credit to your company, as well as your gentemanly representatives. We enclose receipt for same $41.67. Very respectfully, WILEY BROS.
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The Newberry Bill.
The Newberry bill has not yet been submitted for the governor's signature, and it is not known what action he may take. It is stated without contradiction that the members who opposed the bill and then voted for it did it under the pressure of circumstances foreign to its merits, and cast their votes under protest. In the opinion of many the provisions of the bill are too severe and practically unjust to the railroads which in a comparatively new country are less remunerative than in more settled states. Men conversant with the facts believe the governor would be justified in vetoing the bill and returning it for consideration on its merits.
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FRIDAY
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Lancaster county farmers are unanimously pleased with the deep snow fall of the past week and prophesy it will be a grand blessing and aid in producing big crops this year.
Chas. A. Gilbert, a former resident of Lincoln, died Sunday evening last at Argo, Col. He leaves a wife and four children. His father and mother live at Denton, and they left Monday for Argo, Deceased is a brother of Martin Gilbert of Denton.
160
VOLLUME VI.
LOCAL NEWS.
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MONDAY
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Mabel, the three year old daughter of J. B. Bunnell, living at Waverly, died this morning of diphtheria. Funeral tomorrow.
The death of Mrs. George W. Lee of Kmerald occurred last Friday. The funeral took place today and remains were interred in Wyuka cemetery.
Mrs. G. W. Lee died yesterday afternoon at her home at Emerald. The deceased is the daughter of James Spencer and sister of George and James Spencer, who removed to Utah some time since. Mr. Lee is also very ill.
H. J. Liesvoid came down from Lincoln yesterday, where his wife is being treated by Dr. Koch's lymph for consumption. Mr. Liesvoid says his wife is much better, and thinks she will be discharged from the doctor's care in about a week.--Hickman Enterprise.
DIRD--At Ord, Neb., March 26, 1891, Mrs. Catharine Anne Bartlet, aged 47 years, 11 months and 22 days. The funeral took place yesterday from the old home, six miles southeast of Waverly. The family removed to Ord only three weeks ago.
Paul Pingel, living at 1233 N street, reports to the police that some one entered his house Saturday night, and got away with a gold watch, some clothing and several dollars in cash. Patrick Patton, who rooms in the Menlove block, says that some one swiped his new overcoat the same night.
Mary Ann Brennan was turned out of the house Saturday by her paramour, and proceeded to drink some bad liquor with a bevy of switchmen. Early yesterday morning she was found lying dead drunk in the bottoms, and was taken into custody. The court fired some good advice at her this morning, and bade her begone.
Money scarce at 2 per cent a month. Way $16 per ton. Beef cattle going away up in price, and hogs likely to reach $5 per hundred pounds within month. Oats are 60c a bushel and mud knee deep to the mules, don't encourage market men or grocers in feeding the team or pulling the delivery wagons with two span of animals. A farm, with corn at 30 bushels to the acre and returns of 60c. a bushel is more profitable while the chances this year are that they yield will pull up to 50 and sixty bushels.
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The New City Charter.
The house this morning having recommended for passage the new city charter as amended, some complications are liable to happen as regards the election, so one of the parties having acted under the belief that the charter would not be passed in time to take effect at this election. The probabilities are that it will, however, and those who have failed to name men may get left under the new ballot bill.
The new charter has already been given in synopsis in these columns, but the amendments tacked on by the house change the measure in some impertant particulars. Besides the water commissioner, a chairman and two members of the board of public works are made elective officers. The provision relating to election of city councilmen makes it obligatory to elect half the council at large, but provides that no two shall reside in any one ward, which distributes them as at present. The appointive office of building inspector is added to the mayor's powers, and the charge and appointment of city marshal and policemen is given over to the excise board instead of the mayor. In addition to the councilmanic provision referred to the bill states that the person receiving the highest number of votes, as compared with other candidates for council in the same ward at said election shall be declared duly elected.
It also provides that no inspector or public officer shall be appointed except one who has been qualified by practical experience in the particular line of industry that requires his attention and constitutes his duties. The funds of the city are required to be placed in such banks as offer the highest rate of interest, the council to advertise for bids for the deposits. Interest shall not be less than three per cent per annum. Banks must give bonds in double the amount of deposits, and no bank having less than $100,000 capital stock paid up shall be selected. The council is given authority to declare the office vacant if provisions are violated. When the city cannot pay its laborers or employes the council may authorize the creation of an emergency, and borrow the money. All street work must be done by contract to lowest bidder, or if a majority of property owners immediately interested may so petition it shall be done by day's work.
Any citizen who shall be of opinion that any civil liability, arising out of contract or otherwise, exists in behalf of the city, he may demand that the city attorney prosecute the same, and if he shall refuse to prosecute it himself, giving surety for costs. No ward shall contain less than seven thousand inhabitants, and there shall be no less than six wards. An emergency clause is added.
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A HOTEL FIRE.
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The Hotel Mack Scorehed Last Evening by a Mysterious Blaze.
The fire department was called out about 7:30 last evening to subdue a lively little blaze in the Hotel Mack. The property is unoccupied, save by a watchman named Kane, who told the fireman that while he was behind the counter with a lamp, the latter exploded and the burning oil caused the blaze. The fire was speedily quenched, but on investigation the firemen could find no traces of the lamp. Kane is said to have been drinking during the evening, and the story of the lamp explosion is not regarded as being a truthful one. The hotel belongs to the Sheedy estate and a couple of hundred dollars will repair the damage.
The Judges Selected.
It required a four hours session of the lawyers of Lancaster county to name the men they wanted for judges. There was a great deal of time lost in useless fussing and it was nearly 4 o'clock before a ballot was taken. The first ballot for a democratic judge resulted, Tibbetts 73, Tuttle 53, Sawyer 3, Cassidy 1.
For the republican judge five ballots were necessary. The first one resulted: W. H. Woodward 31, C. L. Hall 32, W. S. Hamilton 2, A. R. Talbo 20, Robert Ryan 30, J. R. Webster 19, C. A. Robbins 1, J. F. Bush 2, C. M. Parker 1, H. H. Wilson f. On each succeeding ballot Hall's vote rose, and on the fifth he was nominated by the following vote: Hall 85, Woodward 11, Ryan 29, Talbot, Mrs. Bittenbender, McNeill and Mulligan one each.
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Such is the Situation.
There were comparatively few farmers in market last Saturday. The mud is too heavy for hauling in hay, grain, etc., but the ruling high prices for all kinds of produce are tempting inducements for many to make the venture.
The general impression prevails among stock men that grass men will take a very early start and animals will be able to pick their own living at much earlier date than the average of seasons. Those most interested in grain growing are uneasy from fear that the ground, now thoroughly soaked, will not permit early corn planting.
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Yankee Hill.
The death of Mrs. Lizzie Mickey occurred at her home the morning of March 20, 1891. She was the wife of J. B. Mickey. Her life was indeed one of sadness the last four years, it being that long since her husband was incarcerated in the insane asylum. He was kept there one year, when he seemed so much better that Mrs. Mickey insisted on taking him home again, she thinking that with caring for him herself perhaps he would become rational once more. She kept him with her something over two years when his conduct in the neighborhood became intolerable, and complaint being made against him he was taken before the board of insanity, and being again pronounced insane was again incarcerated in the asylum. This occurred some three months ago, and he is rapidly growing worse. This troubled her greatly, and she being a frail body, it helped very much to lessen her days upon earth. Her brothers and sisters advised her, soon after her husband's second incarceration to leave her home and go elsewhere, thinking a change of scene would aid greatly to console her. Some were very desirous of having her make her home with them, but she could not tolerate the idea of doing so with others. Her brothers and sisters are much stricken with grief at losing their sister Lizzie. She had no family. She often made the assertion that when she left her own home she never expected to return to it. Whether she meant this as prophetic we are not prepared to say. She was a very bright and active member of the W. C. T. U. in Yandee Hill precinct, where she will be missed very much. She was held in high esteem among the sisters of the union. ANON.
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The House--Saturday Afternoon.
The clerk presented in accordance with resolution, a complete inventory of all property in the house and committee rooms, and a copy will be filed with the secretary of state as a precaution against members and employee lugglag off everything at the close of the session.
The house then went into committee of the whole with Gunnett in the chair for the consideration of H. R. No. 519, the general appropriation bill.
The sum of $11,756 was cut out of the bill, nothing being allowed for expenses of the board of trustees, boiler, laundry house and machinery, steam heating for two dormitories and chapel expenses. Appropriations for employes' wages, fuel and lights, water supply and clothing were all cut down.
The appropriation for the home for the friendless at Lincoln was not reduced materially, the only reduced materially, the only reduction being in fuel and lights from $6,000 to $4,000. Church Howe and Oakley, Gillian and Severin worked manfully to induce the house to refrain from crippling the institution and their efforts were rewarded with success.
When the state university appropriation was reached Porter of Merrick stated that the funds asked for belonged to the university and if appropriated would be used at the discretion of the regents, and if not used for the purposes specified would be left in the treasury. He moved therefore that the entire section be adopted without further consideration. The motion was adopted.
Under the head of miscellaneous expenses the $5,000 appropriation for bounty on wild animals was stricken out, likewise a deficiency appropriation of $496.61 for electric lights at the Norfolk insane asylum.
Upon motion of Porter the amount for a new cell house at the penitentiary was reconsidered and reduced to $40,000.
At 6:30 the committee arose and reported the bill for passage as amended.
The report was adopted and the house adjourned.
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House--Morning Session.
Speaker Elder was not present this morning when 10 o'clock arrived and Shrader, chairman of the judiciary committee assumed the duties of the speaker.
E. Rosewater sat on the south side of the house and contended himself with a recently engrossed bill.
Stebbings offered a resolution directing