Omaha daily bee., 1896-11-29

examined orally, and testified that he had
disposed of all the property in this city
and county to Mrs. Holmes for $4,000 but
that he had shown no partiality. He said
the sale had been properly advertised and
that the property was Knocked down in
perfectly legal manner. There was no Sc
Crecy about the sale, several persons were
present, and Mrs. Holmes was the only
bidder. He said he had not credited Mrs.
Holmes with the amount OF the sale on her
claim allowed by the county court and
that he had no thought of doing 1t. 1t de-
veoped that there is lot of land outside
of this county. one tract Of 1000 acres, al
legged to be worth $50 900, being in Harlan
county. 1t also developed that the income
from the town property was $500 a month,
while under the order Of the county court
the administrator received $500 a month
Mrs. Holmes $500 to keep up the homestead
and the son $S5 a month. Argument was
then had on the question OF whether or
not the injunction should be continued in
force until after the plaintiffs had chance
to prove the allegations Of the petition as
to the fraud and conspiracy TO defeat the
claims Of creditors On behalf of the es
tate IL was claimed that there was enough
property yet unsOd to satisfy contingent
claims, and that any further delay would
involve the estate by reason of taxes and
repairs.
But for the merest accident, eleven prs-
oners in the county Jail would have effected
jail delivery last night. Sheriff Trompen
tion through the Jail, but was not even
dreaming Of discovering any plans of the
prisoners to escape. When he entered the
big cage and walked to the west end of
il, he observed that a small bath tub which
was usually kept on a bench was sitting
on the floor of the cage upon an old blan-
ket. He removed the tub, and was sur
prised when hole in the floor was dis
closed to view. An investigation revealed
that the prisoners had removed one of the
flag stones in the floor ana aug a tunnel
westward underneath the foundation wall
of the Jail and within four feet of the sur
face of the ground He found that the tun-
mel had been dug with a piece OF iron
broken off from the water closet. The
ground underneath the Jail floor is COM
posed of sand and rock, and can be easily
dug The dirt taken from the hole was
placed in the west cell which is not used
for the confinement Of prisoners, and con-
sequently ii was not inspected and the dirt
remained undiscovered. But for Sheriff
Trompen's timely discovery the prisoners
eleven in number, would have all made their
escape within a few hours. Ten of the
men are desperate criminals. Louis Weber
Clin Hagey and a number Of others being
among them.
OPPOSES THE ATTACHMENT.
Augustus Sharpe asks that the attachment
obtained obtained by y. S. Harwood on
twenty head Of his horses, including
some fine blooded stock, be dissolved because
wrongfully obtained and because he is not
trying to defraud his creditors by making
away with any Of his property. He says that
the facts are Harwood represented himself
to be the owner of twenty-acre tract which
he sold to Sharpe. whereas he never did
have the title and has not now Sharpe says
that he has paid Harwood $4,000 and he has
nothing to show for II. 1t was for $4,000
that Mr.. Harwood sold the land and it was
the 5000 yet unpaid that Mr.. Harwood sued
for and had an attachment issued
The National Life Insurance company OBJ
tanned a deficiency judgment for sl1 ,349
against C. C. Burr in one of his foreclosure
suits. The hearing of the motion to set
aside that company's sale of the Ledwith
block is set for Monday.
In the case of Jones against Stewart the
defendant asks that Jones give security for
costs on the ground that he is a non-resi-
dent.
jailer, has filed bond in the sum OF $4,000
with the county commissioners. His sure
ties are \. L. Shader, r, S. Young and s. NJ.
Melick. Henry Meyer has been appointed
night turnkey to succeed Mr.. Porter
The preliminary hearing of Columbus Je-
rome Wineinger charged with statutory
rape upon Mary Click, was continued in Jus
tce McCandle's court this morning until
Tuesday on account of the illness OF Con-
gresham Strobe, counsel for defendant.
There has been no assignment of cases
made 10 be called in the supreme court in
December, the cases already submitted being
sufficient to occupy the attention of the court
till January The next sitting of the court
will be on Tuesday, December l.
Omaha people in Lincoln: At the Lindel
H. C. Rountree. At the Lincoln-F E
Morrison, II. d. Reed, Katherine Kluetsch
Myrtle +. Coon.