Omaha daily bee., 1890-09-25
HE BLEW OUT HIS BRAINS.
The Terrible Suicide of Farmer Frye ofLan-
caster County,
AFRAID HE WOULD BECOME A PAUpER
Damages Asked for N Fall from {
Sire ct Car-Dccisons OF the Su.
prem g Court-Otbcr Cap
ital city News.

BEE.l-Hmry Frye well-tOdo farmer liv
Ing In Panama precinct, committed suicide
yesterday by blowing his brains out with 9
shotgun. The deed was committed in a
barn s hort distance from tho mousse. The
old gentleman has been the victim OF mel.
ancholia for some time and it is su pposed
that the act was committed while hc was
tenn porarily insane, as hc had been acting
very queerly duringt the morning.
Noone knows when the old man fired the
fatal shot, and the first known of the tragedy
was whenhis bloody body was found by a
dau ghtcr-in-law, who had stopped to visit
with the old people. its supposed that he
had loaded thegun to the mu1le and placing
It's point on the forehead Just between his
eyes, pulled the trigger. His head was
literally blown off Coroner Holyoke was
notified and he repaired to the scene, where
an inQuestwas held. Death by suicide was
the verdict.
Frye was man Of about fifty EIe had
conleto Lane aster count ty from Z Pennsylvan ia
II umberof years ago and 10y hard work h ad
accumulated a acompetence. He owned two
farms and considerable cattle. He has al
ways hada consuming dread Of poverty and
always believed he was on the brink ofruiu
otherwise he was of jovial disposition
youngest ten years old.
HE FoRGIvEs HER wEAKSEss.
Eugene Ro berts on filed his reply this after.
noon TO the suit for a divorce fled by his
wlte Sarah few weeks ago. He claims that
somebody elscis at the bottom OF the affair
HIS wife, he says, Is of rather weak mind
and easily susceptible to the influence of
others. Mr.. Robertson is wllin & to take her
backinto the family again if she wi II come
He therefore asks that the petition be dis
missed.
GERTIE IsFREE
Judge Chapman this morning granted
Gerte N1ulvey divorce from her husband
Horace q. The plaintiff is prepossessing
young bruneste who has ma de her home with
l'r: Blizzard for some time The de fendan
had filed hn answer denying the plaintiffs
story, buth Jailed to appear when the case
was called, The plaintiff does not look to be
over twenty-five and said that she was mar.
ried to N1ulveyin asmal town in Illinois on
March l3, lSS9-that he had ill-reated her
often and on one occasion drove her from her
home in Aurora, ILL., Last winter she claims
he deserted her, leaving her without money
She was granted a divorce and the use of her
maiden name, Gertie Tranton.
SHE WANTS BIG DAMAGES.
Josephine Stevens is the latest person who
looks with cOvetous eyes upon the eamin Cs
Of the Lincoln street railway company. She
asks for 5000 The plaintiff says that on
Senger on the Tenth street line, she jcrlsed
the bell cord at ID street In obedienc to the
signal the driver stopped the car for her to
get off. She was on the steps, when the car
started up again, and in attempting to ali ght
she was thrown down.
Al BAD BOY.
GeorgeC. Spencer has found that he can
do nothing with his son bearing the same
name and wants him sent to the reform
school The latest devilsh act by the bow is
a theft that would send him to the county,
Jail. The lad was tried before Justice Fox.
worthy and found guilty. AS the boy is
under eighteen, the justice could not impose
sentence, and the case was taken to the
county court this morning to be treated ac-
cording to Its merits. The boy, thou gh only
seventeen, seems thoroughly steeped in sin.
THE GIRL STILL MISSING.
The sheriff. force of deputies Is still un.
able to get the ghtest clue to work upon in
regard to the mysteriousdi dis appeamn ce Of the
tn hirtccn -year-old girl Alta Maud Hammond
who debauched by her father There is
no Doubt but that she has been spirited away
to save the brutal father from a long term in
believe that Mrs. Hammond is party to the
scheme to get the girl out Of the way, as she
shows the utmost Indifference concerning tho
dis appeamn ceof the child.
SILK TIIlEvEsON TRIAL.
Jim Clark and Jim Wark, the silk thieves
who ms ide of twenty four hours managed to
burglari2e two different stores and get away
with 81, 400 worth Of silks, are on trial in the
district court today. They were arrigned
first on the charge Of burglarlzing & Hinckleys
store on y street on tn night of August H.
Mittim. in whose possession the goods were
found pleaded guilty.
WAS NoTAS MBazzIER
Harry Smith, late manager of the Postal
Telegraph cable company, was tried yester-
T. RI of am.
bezzling over 500 from that company The
trial resulted in an exOneratOn of Smith and
this morning thc jury declared him not
guilty. The defcndan { had given the Amer-
can security company as his surety in taking
his position with the telegraph company. He
was at considerable ex pense in bringing his
family west and buying furniture and drew
somewhat heavily on the company's money
The managers were informed of this by him
selfand they weresatisfed with his offer to
pay ythem in monthly installments. While
he was thus cndeavoring to square accounts
Bradbury Williams, an inspector for the
American security company, caused his
arrest. All this was bWu ght outin evidence
SUPREME COUNT.
The following decisions Were hand cd down
this moming:
South Omaha National Bank VS. Chase.
Appeal from Fillmore county. Judgm ent
modified Opinion by ChiefJustice Cobb
1. The Objection that the plaintiff, which
SouBnu 10 eS LaDllSn Il Lien upon certain per
Sonal property in the hands of d as the prop
erty of G, n Judgment debtorof the plaintiff,
was as 10 the property it was only general
creditor0f G., not having attached the same,
and the question not having been raised in |
the trial court, held that 1t would not be |
heard when raised, for the first time, In this |
court, on appeal
2 In view of the finding and Judgment Of |
the trial court tn evidence OF the defendant |
ID, held to beinsuhicient to remove the pre-
sumption of fraud cas- upon the Chatte mort |
cages cXecu ted bye TO ID by the provisions |
Of section 3 OF chapter 32 compiled statues.
3 The sti puatiOn between thepartics set |
out at lengt h in the opinion, held TO recognize |
the righ hts of D to bid of any property at tho |
sale the same as amy bidder, and that it was
Jhe money represented by such bid, and not
the property sold that hewaS required to |
lold upen thesam terms that the proceeds
the sale was to be held by the bank.
4, The declee modified accord ingly.
SeebrOck VS. E'edawa. Error from Lancas-
er county. Affirmed. Opinion by Justice
oWal.
l. The bu rden is upon the proponent of a |
~ ILL., both in the county court and in the dis
.rlct court on appeal, 10 prove not only the |
execution OF the will, but the capacit y Of the /
Jestator
The propnent is entitled to open and 1
close the argument to the Jury.
3 Where il is alleged that the exe cution OF |
I will was procured 10y undue influence, the |
burden Is upon the party alleging it, TO /
establish that the teStator was induced by |
n