Omaha daily bee., 1888-04-19
BRAzEN BURLINGTON POLICE,
peaceable Citizens Arrested on a
Public Street of Lincoln.
THE LOCAL OFFICERS ASSIST.
Held in the City Prison for Eight
Hours without a Warrant
Closing Business of the Dis.
trict Court-General News.
LINCOLN BUREAU OF THE OMAHA BEE, !

" VIZ fH0J WV AH ~ " ANNA
handles the police and tends TO incite a riot
came TO light to-day. At . o'clock in the
evening, under complaint OF the roads chief
detective, Pinnco, John Turnbull was ar
rested on Eighth street, twenty feet from the
company's ground. He was brought to the
city Jail by the city police and locked up
without q warrant up to noon despite all
protestations on his part. The city Jail book
shows the following record and alleged
charge.
"Name, J. Turnbull; charge, malicious
trespass on railroad property; arrested by
Detective Pinneo and Officer George and
Kinney: complaint made by Detective
Pinneo and Superintendent Colvert."
This is the record on the Jail book and all
the first half Of the day the company failed
to put in appearance and no warrant was
served on Turnbull up to that time. In the
afternoon, however, a warrant was served
and Turnbull taken before Justice Cochran,
the warrant being however an entirely
different one from the complaint on the Jail
book and on which the police had
held the man for twelve hours,
the new complaint alleging that Turnbull
was guilty of using vile epithets for the pur-
pose of melting a riot. D.. G. Courtnay APP
peared for Turnbull and the brotherhood,
and took a change of venue to Justice Smell
llng's court, where it will be heard to-day,
Turnbull being released on his own recog-
nlzance. The fimseyness Of the charge is
shown when 1t is seen that Turnbull was ar
rested on n street of the city at 2 o'clock at
night for MEETING a riot.
The facts as given by Turnbull are that he
was on duty for the brotherhood, watching
the incoming trains, and not seeing anyone
or trespassing on the grounds. He was doing
duty for the brotherhood, who keep an ac-
curate record of what the road is doing by
win mon an Inf 9th ns,hN --1 l-.,
The fact that their outrageous of
smooth running and no wrecks, put forth by
the company as a blind, are proven false by
the brotherhood watch, incenses the road,
and without regard to law they have owl
IDENTIFY taken the present course. II is
disgraceful that they should be
aided and abetted by the city police,
who, because a complaint is made by a cor
poration throw a man in Jail without q war
rant and refuse bail when he was guilty of
no %offense. Any one else asking an arrest of
that character would have to swear out a
warrant to keep a man in Jail twelve hours.
The action OF the police is so outrageous that
Attorney Courtnay will bring suit for Turn
bull against the police implicated and their
bondsmen for $1,000 damages.
IN DISTRICT COURT.
Judge Field held a closing session of the
long term of the district court yesterday for
the final disposition of cases on the call. The
Judge opened the session of court by handing
down a decision in the case of Osborne
against Fitzgerald, reviewing the case at
length and finding for the defendant. TIL
case was one of the most important tried
this year In this county, Osborne sueing
Fitzgerald for 2 5000, claiming that amount
due on q partnership for railroad construc-
tion work. Osborne's claim was that when
the b.: 81 M. kenesaw cutoff was constructed
by John Fitzgerald that he was a partner in
the work of construction and entitled to one
fourth the profit. This one fourth profit he
claimed was the SOC, 900 sued for. Mr.. Fitz-
gerald denied in toto that any partnership
existed between himself and Osborne in the
work cited and disclaimed any indebtedness
whatever. Judge Field, in rendering his de-
cision, said that the hearing of the case had
proved no partnership, and it would be an.
reasonable to presume that a partnership eX-
listed not susceptible of proof.
An injunction suit brought to restrain a
firm OF loan agents from using as q name the
Nebraska Loan and Trust company was de-
Cided by the judge, who refused the injunc-
ton.
A large number Of new cases were filed
yesterday, among them the following: Emma
Lindquist VS.. Observation-Disclosures, q suit for
divorce, the plaintiff alleging that they were
married in Chicago in 1875, and that her hus-
band grew abusive and cruel and became an
habitual drunkard, ending by deserving her
and causing her to earn her own living and
maintenance; for these reasons she seeks n
legal separation.
Pierson & Hoover have commenced pro-
ceedings in the district court against Charles
and Blanche Slattery. Their petition recites
that they received judgment for S106 against
Slattery, but the sheriff failed to locate
any property upon which to col
lect it. Subsequently they learned
that the defendants had lot 10 in block / in
Plainview addition, but before they could
levy upon it Charles Slattery decided it over
TO Blanche Slattery. This they claim was
done for the purpose of d~efrauding the plain
tiffs out of their Judgement; they state the
property is worth $3.50, and ask that the con-
veyance made from the one to the other be
set aside.
Herman Koenig has brought suit against
w. l.. Cundiff, administrator of the estate of
Aria Morgan, deceased, to recover the title
TO lot = block 81 in the city of Lincoln. and
his name.
Martin Perrin & Co. VS. Herrick & Mustan,
f.. II. Kemble VS. Charles Chesterfield, and
Anna Strickland VS. Manager Bros. are APP
peal cases fled from the county court.
CITY BRIEFS.
The county commissioners yesterday pre-
pared their advertisement for bids for the
construction of the Lancaster county court
house. The estimated cost of the building is
$4,000 and the plans and specifications can
be seen at the office of the architect, T.. NJ.
Ellis, at Omaha, or at the office of the county
clerk in this city. a s., 900 check is asked to
accompany each bid and the successful bid
der will be required TO deposit a bond for
Si5,000 for the faithful prosecution and COM
pletion of the work. Bids are asked for
either the different branches of the work or
the job complete.
Surgeon General Stone, of Wahoo, and of
the governors staff. was a Lincoln visitor
yesterday on n business trip To the city.
Hon. N. G. Abbott, who has been in New
York for several weeks, called by the severe
illness of his father, has reached home and
business again.
District'C Clerk Il. Il. Sizer, who has been
enjoying life at Hot Springs, Ark, and other
southern points the past two weeks, is ex-
pected home Saturday.
Walt Mason, of the Journal 'Topics,n has
been in Kansas and Missourion a two weeks
rest and recreation visit. He returned home
and to his desk yesterday.
DIR. A. +. Sheriff., of Omaha, lectured be-
fore a highly appreciative audience Tuesday
evening az Plymouth Congregational taber-
nacle, in this city. The lecture was the first
OF q series given by the church.
The sixty ninth anniversary of Odd Eel
lowshlp in America WIN be celebrated on the
Goth by tho Nebraska Ode Follows at the
Chautauqua grounds at Crete. Lincoln lodges
are arranging to attend.
The city council have two tours of inspec
ton on hand one 70 points in Illinois, to inYes-
.tigate brick pavement, aud one to the forests
of Arkansas, 10 VISIT the red cedar forests
there and ascertain the prospects OF cedar
DlocNs from that locality.
Hon, X, ID. Stearns, county attorney, ad-
dressed the Young Mems republican club at