Omaha daily bee., 1896-12-09
WANTS THE CASH RETURNED
Wealthy Farmer Sues Lincoln Banks for
Three Thousand Dollars,
ALLEGES A PECULIAR SITUATION
Thomas Bailey Insists thnt lie Depos-
tied Three thousand Dollars In
Trust for His Divorced wife
and IL Has Disappeared.

LINCOLN, Dec. S.-(Speclal) Thomas
Bailey, a well known and wealthy farmer
OF this county began suit In district court
this morning against the Lincoln National
bank and the First National Bank Of Lin
coin asking judgment in the Gum Of $1,000.
The petition reveals a curious story. On
February II. 1887. Matilda Bailey, who now
resides in the southern part OF the city,
began suit In district court against Thomas
Bailey, asking for divorce and big slice
of alimony, alleging that her husband had
mado weekly visit to a neighboring woman's
house, where he remained for several days
each time and that he had beaten her when
she, finding cards, candy. nuts, aad dominoes
in his buggy just before he started out one
evening demonstrated against his actions.
She said Bailey was worth $4,000, and she
wanted divorce and alimony.
She said they were married on the second
Sunday of August 1868, at Lyons, Ia, but
Bailey insisted and now repeats that they
were never married. MISUNDERSTANDING thls
he believes 1t to be no more than right that
he should see she did not come to want, ana
the suit was settled and dismissed by Bailey
agreeing to give her 81 900 cash and placing
SO 900 in the Lincoln National bank, the IN
terest upon which should belong 10 MIS-
Bailey. An agreement in tripliCate was
drawn up, Matilda Bailey getting one, Thomas
another and the bank another, in which the
bank agreed to hold the money and pay the
interest as designated, the money TO revert
to Bailey at the woman's death.
MONEY NOT IN SIGHT.
Several years ago the Lincoln National
bank closed out its business ana IL was
absorbed by the First National. Not long
ago Bailey found out that the woman was
aud b1 inv III led
He went to the president of the First Ma
tional bank, and was informed that he mad
never heard of such an agreement, ana that
there was nothing of 1t upon the RECORDS
of the Lincoln National, so far as he could
learn. Bailey then went home to hunt up
his agreement, but it was lost and he cannot
find it. A copy of it, as near as he can
recolect is made part of the petition ana
he alleges the bank has its copy. He says
the bank refuses to pay over the $4,000, ana
as he does not choose to permit II TO remain
there anyway, he sues for its recovery, IN
Guiding both banks.
The woman, Matilda Bailey. he AYERS Is
aged. sick and innrm and greatly in need
of the money. He desires to carry out ms
part of the compact, and he demands that
the trust fund in the bank be paid over TO
him for the purpose of enabling him to do so.
Tho state Printing board met at the ONCE
Of the secretary of state this afternoon ana
made the following awards of contracts among
tho thirteen bidders:
Jacob North a. Co., six contracts: Secre-
tary Of state, $l.4O per page; treasurer SiGOi
fish commission, So cents; State Board OF lr-
rigatlon, $l.Oj roster of eX-soldiers and
sailors, $l.G5; State Board of Agriculture,
$40. WUodruff-D Dunlap Printing company
Lincoln six contracts: Auditor Sl.9o; com
missioner of public lands and buildings, IS
cents; state Board of Transportation, 81; at
torney general $l05; adjut1nt general, 81
cents; state librarian, $l.O5 State journal
company, Lincoln four contracts: Bureau OF
Labor and Industrial statistics, 96 cents; su-
perintendent Of public instruction, Sl.24;
state Poultry association, 20 cents; state
Board of Horticulture, S3.17la.
The printing Of legislative bills, on which
there were nine competitors, was awarded TO
jacob North Il Co. at 20 cents per page Tor
the first 500 and one-fourth of / cent for each
subseuucnt page. This bid is a saving to
the state of exactly 81 cents per page over
the award of two years ago, which was let al
$1.G7 Omaha was represented among the
bidders by tho Omaha Printing company the
Drovers' Journal Rees Printing company
and the American Publishing company, none
OF whom were lucky enough to reach bed
rock figuring.
The state Board of Irrigation met this after
noon and heard the testimony in the appeal
OF the Almeria Irrigation company against
D. A, Gard The defendant some time since
filed application for water frcm the LOup
river and contest was instituted by the
plaintT on the ground that defendants APP
plication was made on claim blank insteld
OF an application blank. The secretary of
the board found for the present defendant in
that contest whereupon the plaintiff appealed
to the board, which adjourned till 10 O'Clock
Saturday morning, after taking the matter
under advisement.
The county commissioners Of the state met
in annual session at Z: 80 tonight at the Lin
dell hotel,
Articles Of Incorporation were filed this
morning with the secretary OF state by the
Omaha and Wood River Mining and Real
Estate company, capitalized at $1,000. The
title Of the company indicates the nature of
its business and the principal place Of bust
ness will be Omaha, The inCorpOratOrS are:
John w. Cairns, Ralph II. Bittinger and John
ID. Harris.
Nels o. Alberts of Saronville deputy oil in
spector TO succeed the late Ed j. Hall. AL
berts Is one of the fusion electors and is of
Swedish descent
LIBEL SUIT IN SIGHT.
The libel suit of Rufus h. Townsend against
Louis Westermann and other stockholders
OF the News Us down for trial this week,
H. T. Dohbins, Que of the defendants, today
filed an answer in which be AYERS that the
News had right TO print the item to which
Townsend objects il being filing in court
In case already adjudCated, that the mat
ter printed was a fair and impartial account
OF a judicial proceeding; that 1t was pub
lished In good faith, without malice and for
the benefit OF the public in the usual course
of business. That. anyhow what was charged
therein was trIe, and that it is not capable
d the construction placed upon IT by the
plaintiff; that 1t did not charge him with
being guilty Of improper conduct; that IL was
not intended to njurc his reputation, and
that as a matter OF fact IL did not injure II.
Molile MaGoby secured divorce from