Omaha daily bee., 1895-10-16
HABEAS CORPUS FOR MYE RS
Flounoy Manager Seeking to Know Why
He is Prisoner.
CAPTAIN BECK MUST ANSWER TOMORROW
Writ Issued by Judge shirns on Ap-
pIicntiOn of the Company's Attor-
ney-Noncxistencco of the Indian
Tribe Set Up.

LINCOLN, Oct. 15.-(speclal)-To H.
c. Bronze. attorney for william II. Garrett
and John p. Meyes. filed an application for a
writ Of habeas corpus to secure their re-
lease from the custody Of the Indian police
at Pender. Realtors in their petition aver
that Agent Beck has no Jurisdiction over the
strip Of territory on which the arrests were
made, as 1t is on that part of the so-caled
reservation lying within Thurston county.
Prior to 1888, the petition states, there was
tribe Of Indians living thereon known as
the Winnebago Indians. The tribe was
wholly dissolved in that year, every member
thereof becoming a citizen of the United
States. Since that date there has not been
any tribe Of Indians occupying that territory.
\ writ was ordered to issue by Judge Shiras
directed against Agent Beck and David st.
Cyr, chief Of the Indian police requiring them
TO appear before the federal court on next
Thursday to show by what authority they
mold the prisoners Deputy United States
Marshal CoggSwell left today to serve the
writ on the parties, Beck and st. Cyr. Gar
rett and Meyes interfered with Indian police
while evicting Flournoy settlers.
Judge Dundy divided federal court work
with Judge Shlras today and took charge of
the criminal docket. James G. Hotaling was
trled Tor embeZzlement while acting as post
master at Grand Rapids, Neb Testimony
showed that he had tried to fatten his sale
OF stamps by buying a set Of harness and
paying for it with postage stamps. The
amount was only 81 and a fine of $50 and
costs was assessed against him and he was
permitted to 90 home and earn the money
Another postage stamp derelict was Henry
n. Merrill. He was accused OF having pur-
chased merchandise with stamps in the sum
OF 50. The deal cost him $50 and costs. At
torney Grey asked that the trial of George
w. E. Dorsey for falsifylng the records of
the Ponca bank be set for an early date and
named tomorrow morning as early enough
to suit him. Grey has filed a demurrer I'm
the case upon which no action had been taken
and in order to expedite business he asked
leave to withdraw 1t. District Attorney Saw
yer SAID he, too, wanted an early trial and
Judge Dundy set the case for Monday next
at p. m. The case of Allen and Marion
against the Lincoln Savings bank was argued
TO jury before Judge Shras and submitted
j. S. Dillenbeck owner of large tract of
land in the gold district" of Seward county
and the Colorado attorney who has been pros
pecting for some time in that vicinity were
in town today. The latter will return to
colorado Immediately and report to his en-
ployer the results Of his search. He saws
he is firmly convinced that all conditions are
favorable for the existence of gold in nav
ing quantities. He takes with him lot of
hne specimens. Bedrock was struck yester-
day on farm owned by Mr. Banks. one mile
only forty-two feet down. Mr.. Dillenbeck
has secured E. A. Norton, an old Colorado
miner, now the landlord of a hotel at Mil
ford, to put up rocker on his place, to test
the paying capacity of the gravel and sand
by the ordinary processes of placer mining.
Judge Holmes today granted a divorce to
Harrison Elliott, who was married to Rebecca
Elliott in 1874 in Omaha. Elliott testified
that his wife deserted him four years ago.
Ihis afternoon John G. Tierney was divorced
from Mary p. Tierney, to whom he was mar
r!ed at Wahoo in 1892
Senator Dick Smith and Representative
Jim Allen of Douglas county were at the
state capitol today. They tried to get an
audience with Governor Holcomb, but failed
in the attempt and left their compliments
with Private Secretary Maret.
Omaha people in Lincoln: At the Lndell-
James Allan, Richard Smith. At the Cap
ital-E c. Garvin, John A. Pierce, NJ. Coady,
Henry Harrison. At the Lincoln-E. Il.
Barnes, C. F. Willen, A. A. Whitlock.