Omaha daily bee., 1891-11-18
MUST PAY FOR THE TOOLS.
Chief Dinges Had No Right to Destroy
Gamblers Troperty.
GREEN CLOTH GENTRY SUCCESSFUL.
Result OF LinColn's Recent Disturb
nnce Among Police officials
An Appeal will BE Taken
Other News Notes.

LINCOLN, Neb.. Nov. II. -TSpeclal to TnE
BEE. The second round in the war between
Chief Drnges and the gamblers has been
fought out. The chief won the iirst-a Grim
inal prosecution for resisting a writ
of replevin. Arson Fullington claimed
the implements secured in George Bradeen's
rooms by virtue of a chattel mortgage exc
cuted in his favor. He swore out a writ of
replevin, and tho attempt to serve it led to
the oloodless riot between tho police and
the constabulary.
The case was tried yesterday afternoon be-
fore a jury who returned a verdict tinding
the right of possession in the plaintiff, and
fixing the value at Sl75. AS the chief has
already destroyed the goods he will have to
pay the cash If the upper court, TO which he
has appealed, anirms this verdict.
SHE WAS NoT MURDERED.
While exploring the RUNS of the Morrissey
homestead, near Davey, yesterday, a neigh
Dor found, near whore the stove in which the
old woman was kindling n fire when last
seen, some money, amounting to so In all.
1t consisted OF some silver money and por-
tions or bank bills. O'BriGn, the man who
took Mrs. Morrissey home from Doyey FIJI
dav night, saws she had q bottle of whiskev
with her, from which she had taken several
drinks. This would seem to prove that it
was an accident, ana not a murder, as many
supposed.
IN A TIGHT PLACE.
A license to marry was issued last evening
to William ii. Jones, aged Al, and Mrs.
Amanda Ware, aged %, both OF Bennett.
Such events are of ordinary occurrence, but
the unusual feature of this is the fact that
only n week ago Mrs. Amanda Ware of Ben
net was divorced from her husband, Charles.
If it proves to be the same Amanda, and it
looks as though it were, they Will have some
trouble in getting tied or fracture the laws
of Nebraska in doing so. 1t also transpires
that she has not paid the costs In the dl-
vorce case and has no decree AS yet.
STATE HOUSE NOTES.
DR.. G.. w. Martin OF Kearney was at the
capitol today. He reports the cotton mill
as getting along very nicely and the Indus
trial school as in goou working order.
Prof. Gowdy went to Peru this morning to
| attend a meeting of the State Normal board.
Attorney General Hastings Is attending
court in Saline county.
Charles Mcdonald appeals from the decis-
ion of the district court of Keith county, in a
case where he asked judgment against L.
Autdegarten for 81, l20.S0, but received
judgment for only SlSl.3O. The case is
brought to recover on a promissory note,
against which defendant filed counter claims.
II. H. Benton spent the day in Omaha look
ing after some business pertaining to the
auditors Office.
Secretary kountze went to Omaha today
to attend 10 matters pertaining 10 inc lhspec-
ton of grain.
CROW STILL LIVES.
Charlie Crow is fighting a battle with
death. This afternoon he was sitting up in
an arm chair, but his general condition is
practically the same, and the DOCTORS opinion
that he cannot survive is still maintained.
Crow has had a checkered career and the
name by which he has become notorious is
not his real one. He is said to have been
born in Omaha. and his correct name is
Harry Baker. The woman's maiden name Is
said by those who know the couple to be
Courtney, and that she is the daughter of a
farmer living in Gilman, Marshall county, la.
SUPREME COURT NOTES.
The court mot pursuant to adjournment.
The following causes were argued and
submitted:
Chicago, Burlington & Quincy Railway
company VS.. Anderson, on motion; Lyon VS.
Moore, Crane VS. Keck, Burger VS. State,
Clarke VS. Walker, State eX rel Gage county
VS. Benton, Darner VS. Doggett, Porter
VS. Sherman County Banking company. The
following causes were continued: Spaulding
VS. Overmier, Davis VS. Snyder, Steadman VS.
Rochester Loan, etc, company, Couger VS.
Dodd, Pedler VS. Pearson, Mcconnell VS. Nc
Council, leave was given appellee to file
motion for alimony pendente lite instanter,
and to tho appellant to file affidavit resisting
the same by November %, 1891; Chicago,
Burlington q Quincy company VS. Anderson,
clerk Of dictrict court ordered to certify uD a
perfected transcript of the record of the
lower court; Pedler VS. Pearson, motion TO
quash bill of exceptions overuled; State ex
rel Smith VS. Brown, dismissed; Irwin VS.
Frank. dismissed.
MUST TEST THE QUESTION.
j. II. Westcott evidently believes that the
county of Lancaster needs five commission
ers to do her business. Mr.. Westcott is the
republican elected TO that position at the re-
cent election, and today filed his Sl5, 1000 bond
with j. II. McClay and c. Il. Boggs as sure
t.1, ltn nlGnt nnlr h nntn Nf 1isN nnd nrn.
poses to wade after the emOluments. The
last legislature passed a bill limiting the lux
nry of five commissioners to counties having
over 125, 900 population, and the county at
torney decided that there would be no va
cancy on the board in January when Com
missioner Brown steps down. The only legal
way in which the matter can now be tested
will be an appeal from the payment of salary
to Westcott after he gets in.
ODDS AND ENDS.
O., H. Johnson, representing the firm Of
e. S. Mercer, St. Louis, died last night at
the Windsor hotel. A search OF the mans
papers failed to lind anything to show if
he had any living relatives. Letters indicate
that his wife obtained a divorce from him in
St. Joseph in 1887 and is now in California.
Since that event he has apparently cut loose
from all kindred.
The diphtheria epidemic has again broken
out IN Lincoln. three cases being reported
this morning, There were fourteen deaths
from the disease in the four weeks ending
Saturday.
DR.. Houtze, the physician in attendance
upon Mrs. Thayer, denies the rumor that the
lady is in a dangerous condition. On the
contrary, she is able TO sit up several hours
daily and is doing finely.
Lawrence Marsden, the noted playwright,
author of "CredIt Leonaine," which opens
at the new Lansing next Monday night, is in
the city.
William Halfacre, the Dewitt murderer,
was taken down to the scene OF his crime
this morning by Sheriff Barton.
Attorney General Hastings this afternoon
filed a motion to dismiss the appeal OF Henry
Thornhill from the supreme court, where it
is now pending on a writ of error. Thorn
hill is the Aurora man who killed Barrett,
was found guilty and sentence1 to hang, Hls
case was appealed to the supreme court, but
in the meantime he broke Jail aad has never
been recaptured. Tho motion re / es these
facts, and is based on the decision of the SUI
premr court in the celebrated Qnin Bohan-
non case. 1t will oe argued ON November "a,