Omaha daily bee., 1891-01-22

night that Sheedy went 10 the
door Just before being assaulted, his wifo
warned him to have his hand ON his revolver.
II is believed from this that she expected
that after the assault was made Shocdy
would kill tho negro, thereby destroying EVIL.
deuces OF her conspiracy. She In turn would
finish her husband, and the plot would be
carried out. The negro stumbled aud fos
and Sheedy failed 10 kill him, and thereS
the plan partially failed.
CHARGES PERJURY.
Tho Missouri Pacific applied TO the district
court today for an injunction restrHcInY
Gottlieb Wieninger from collecting judg-
ment of 1900 obtained against them. Wien
niger asked in his original petition for $4,000
damages, claiming that his horses had been
scared by engines of the railroad company
ran away threw him out and injured him for
life. The company claims TO have discovered
since then that the injuries received were
caused by tho rottenness OF the hay rack,
which broke and threw Wcininger out. They
claim that Wcininger perjured himself IN
swearing otherwise; that w. Il. Sawyer. who
Investigated the suit and who Is to receive
the greater part OF the money recovered was
guilty of subornation of perjury, swore
falsely and also destroyed the hay rack so
that IL could not be introduced in evidence.
The company also charges that Sawyer,
Weininger and their attorneys entered into
n conspiracy to cheat aud defraud them, and
wants the Judgment set aside and rendered
null and void.
ONLY WANTED HIS MONEY RACK.
Mr.. Coryell Richardson declared that his
object in having Robert w. Cunningham
arrested in Denver and brought to Lincoln
for trial on the charge of getting money
under false pretenses, was not for the pur-
pose Of sending the fellow to prison but to
get his SlI0 back. This is the reason that
when the case was called this morning Mr..
Richardson withdrew the prosecution of it.
1t seems that an amicablc settlement has
been made and parties breathe castor.
UNITED STATES COURT.
In the United States court this morning
James Layton of Cortland was fined S25 and
costs for selling liquor without a license
Neal Walters, the postmaster of Sparta,
was found guilty OF false and fraudulent re-
turns to the auditor of the postof1ice depart
ment of the stamps stamped envelopes and
postal cards cancelled by him.
William Mckee was found guilty Of falling
to post a stamp showing tnat he had license
to sell tobacco.
}. j. McLane is on trial for selling tobacco
without n license.
Fred Enderly Is In tow to answer TO tn
charge Of selling liquor without a license.
SUPREME COURT
Sock VS. Suba. Error from Nance county.
Reversed Opinion by Justice Maxwell.
Hull VS. Godfrey ct al. Error from Kear-
instructions. Opinion by Chief Justice
Cobb.
State VS. G.. II. & W. G. railway company.
Mandamus., Writ allowed. Opinion by Chief
Justice Cobb.
Bradford VS. Higgins ct al. Error from
Douglas county. Affirmed. Opinion by
Chief Justice Cobb.
The finding complained of and the evidence
upon which the same was made, examined
and held that there was no error in the find
ing.
Phepix insurance company VS. Swontkow-
ski. Error from Howard county. Rehear-
ing denied Opinion by Justice Norval.
Tubbs VS. Macintosh. Error from Fur
mas county. Affirmed. Opinion by sJustice
Maxwell.
Omaha hardware company VS. Duncan &
Jeffrics. Error from Adams county. Res,
versed and remanded. Opinion by Justice
Maxwell.
Davis VS. State. Error from Richardson
county Affirmed. Opinion by Justice Nor
val.
Davis VS. State. Error from Greeley
county. Reversed and remanded. Opinion
by Justice Norpal. ..
Christian F. Haman of Omaha yesterday
filed his petition in error in a case agains>
the Omaha horse railway company in a suit
for 5000 damages. In September 1888,
Haman became involved in a fight in a street
car with the driver and was pretty badly
bruised up. The jury in the Douglas county
district court awarded him cents damages,
he to pay half the costs.
The case of Levi G.. Todd as guardian of
Thomas Lindsay, adiudged insane, VS. Isaiah
H. Cremer ct al, appeal from Cass county,
was filed yesterday. The case involves the
insane mans estate, and in the lower court
the guardians petition was dismissed.
ODDS AND ENDS.
In the United States court today execution
was entered up in favor of the Kit Carter
cattle company against the Harlem cattle
company for S66, ,25040. This shows a def
cheney left after the effects of the cattle COM
pany were sold.
The Omaha bricl, block paving company
filed articles of incorporation yesterday with
the secretary of state. Its capital stock is
200 and the incorporators are l.. ID.
Fowler, Henry Bolln, f.. d. Van Court, j. j..
Jobst, j. w. West and William Wade.