Omaha daily bee., 1888-03-30


that surround men that made thcm. He felt
that he could say little in addition to the
beautiful sentiments expressed by Judge
Savage, but he would venture 70 make few
remarks that perhaps were more practical.
The birthplace and education of Chief Justice
Waite, he would not speak OF. II was al
ready in print. In the records he was not
found IN the COURT oftener than others, vet
there was something remarkable in him, and
10 this he invited attention. 1t was not that
he was an orator, but because written on
his brow there was manifest integrity, hon
esty and well meaning, so much so that, when
coming from the hotbed of abolition TO his
high position he secured the confidence, good
feeling and respect of all. BY his upright
course of life he built up name of strict in
tegrity OF purpose, and by so doing accom-
plished a grand thing. There were those
who could address an audience better. he
was but mild, commonplace orator, yet by
his other eminent qualities his name will go
down the avenue of time bright and shining,
and it will be difficult to find man to fiji
his place. Twas true the great Caesar
aid There is no God; tits death
that is the end" vet he preferred
Lytton, who was convinced there was no
death only change. Rne dirt we walked
upon would change in summer to golden
grain, and angel forms would tread the sky
beyond, though unseen by us.
Judge Croft am asked to speak for the
court on this occasion, for the reason that 1t
was my lot TO have known the late chief
justice, and to have been his neighbor for q
number of years. In fact, the first lawsuit
ever heard tried IN a court of of record
was tried by Morrison r. Waite on one side
and the late Judge ID, Carter on the other.
The exalted character of both these men
made great impression on me, and though
over thirty years have gone by, the scene in
the old courtroom in Ohio is plainly pictured
in my memory. to-day. 1t was sew
eral years later when / became
acquainted with the then Mr.. Waite found
him to be the kindly gentleman-the honest
man and the great lawyer that impressed me
when first saw him in legal combat.
Chief Justice Waite's career was a pecu-
liar one. If ! mistake not his public life
commenced with term in the Ohio senate,
then long lapse of time, when he was asked
by President Grant to serve the country as
one of its counsel before tho tribunal at the
Geneva conference for the purpose os adjudi-
eating the differences between this country
and Great Britain, growing out of the de-
predations of the privateer Alabama After
dischargng such duties to the credit
of his country he returned to his
adopted city, Toledo, and shortly after was
elected by his neighbors as q member of a
constitutional convention. He was chosen
president of that body and while performing
the duties of that office was appointed and
confirmed chief justice Of the United States
his first judicial office. Notwithstanding
his appointment to this position and his in
cumbency for so many years, he has always
been known and spoken of by his neighbors,
Waite-a singular reversal:of the prevalent
custom. Nothing that this court may say or
do can take from or add to the reputation of
the dead iurist. His record was made by his
pure life, by his unpretendng ability, by his
career as a lawyer and the faithful discharge
of the duties of chief justice of the nation.
On these things his fame can be safely
rested.
WILLIAMS VS. HOMER.
In the Williams Homer case yesterday
the plaintiffs discovered that they had neg
lected to aver that any error was made in
the lower court, hence they had no ground
for action. They therefore took leave to
amend their petition, which was done, and
the case will now proceed as before.
A PRoMISsoRy NOTE SUIT.
Edison Keith sets forth in his complaint
filed yesterday, that he holds mortgage on
certain piece of real estate to secure the
payment of promissory note for $500, given
by Temple w. Atkinson and others, and as
court to sell the property that he might get
his just dues.
DIVISION OF PROPERTY.
Mary Vanans, Anthony Yanans and Louis
equally among them lots and 9 in block 81,
South Omaha.
CHARLES WANTS DAMAGES.
Charles Regan was injured by the caving
in of bank while in the employ Of the
American Water Works company, and he al
leges that the company was responsible for
the accident. He wants damages in the sum
of S., 600.
MAT. KE1TH's NEW TRIAL.
The trial of Mat. Keth, charged with rob-
bing a man of gold watch in John Kings
saloon some months ago will be recalled on
Monday next This will make second trial
for the prisoner, the jury having disagreed
after an all nights deliberation at the former
one.
THE MURDER CASES PUT OVER.
The trial of Frank Ryan, charged with the
murder of Mrs. Howard and that of Kelly,
who killed a man at South Omaha lave been
put over until the next term of court.
BERGHoFF MUST GO.
Yesterday afternoon Judge Hopewell made
his ruling upon the motion for new trial in
the case Of the state against Berghoff, who
was recently convicted by jury of obtaining
several hundred dollars worth of merchan-
disc under false pretenses of a certain mer-
chant of this city. The motion for another
trial was overruled. The court, in its re-
marks bearing on one assignment of error,
called upon Mr.. Offutt, Berghoff's attorney,
for an explanation of a certain newspaper
account of the trial, which, the court said,
bore earmarks of the counsel in the case, and
which put words in the mouth of the court
never uttered by it. Mr. Offutt explained
that he had nothing whatever to do with the
publication; that he regretted it exceedingly
because of the misrepresentation made, and
said that reporter of the newspaper went
to the jail and there saw the assign
ments of error, making his report from that.
The attorney was profuse in his disclaimer,
and offered to make proof in support of his
statement. The court replied that the state
ment ;would not be questioned and that the
matter would be dropped.
Police Court.
WILLIE AND HIS GALL.
The auditors cage was literally iammed