Omaha daily bee., 1896-12-05
urLroN CASE WITH THE JURY.
EN-On Inspector Not Favored by the
Courts Instructions.

'bUr' y inNtructlOnN.
LINCOLN Dec. Especial THE Hilton
case was given to the jury in Judge Cornish's
court shortly before / o'clock this afternoon
The instructions were read to the jury last
evening, and arguments were made this
morning, The instructions were largely
favorable to the state. The only one given
for the defense was to the effect that is
is within the scope OF the law for any per-
son owning oil to call upon the oil inspec
tor or his deputy to inspect the same for
his own safety and that OF the public. But
If the oil was not intended or expected to
be offered for sale for Illuminating purposes
or from its nature could not be so used, and
the person owning the oil paid the fec
voluntarily, then the officer in collecting the
fee did so outside the scope of his duty.
The sureties unsuccessfully endeavored to
have the jury instructed that under the
statute relating to the duties of oil inspec-
tor the inspection or testing of gasoline was
not included, and If he received any fees
therefor he did not receive them by virtue
of his office, and his sureties were therefore
not liable They wanted the jury instructed
that the mere looking at cask of oil was
not an inspection. and that II these fees
were paid to Hilton on the mere pretense
of inspection when none was made and that
1t was done simply to defray the expenses
of the department, then Hilton was acting
outside the scope of his duty, and the
sureties could not be held. Another instruc-
ton asked was that If the evidence showed
that gasoline could not be tested as pro-
vided by law, the taking of fees therefor
was illegal and the sureties could not be
held liable If they were not paid over to
the state.
CONTENTION OF THE STATE.
The state wanted the jury instructed that
gasoline was a product of petroleum, and
that If the fees received by the defendant
for the inspection of gasoline were paid be
cause he was the state inspector of oils, he
was accountable for the same to the state
and his suceties were liable.
Jesse C. Winegardner was taken to the
Asylum for the Insane this afternoon by
Deputy Sheriff Draper and cheeriully IN
formed that official that he proposed to XIII
him before he would permit himself 10 De
taken to the asylum. He preferred the peh'-
tentiary.
Argument in the Wineinger case was heard
by Justice McCandless this morning. County
Attroney Woodward opened for the state ana
was followed by Attorney E. c.. STROBE and
Colonel Phipott for the defense. The county
attorney made the closing address.
Representative Captain j. B. Mitchell OF
Seward an old soldier, called at the office
of the secretary of state today, and selected
a front seat on account of deafness
Judge Holmes today handed down ms de-
cree foreclosing the mortgages given by
Frank W. Little and his wife on lot OF
acre property situated between this city and
Normal and the city and College View as
well as a number OF lots in Pergns suDdlvi-
sion. Cameron's subdivision OF Fairylew,
Burrs subdivision, Dawson's addition ana
Sabin's Hill. The plaintiff was c. G. Dawes,
who is trustee for the American Exchange
bank and several individuals. The court
found. due the bank on one cause of action
the sum OF s22,772 and on another $23,OO2
while Il. z. Brown, ii. L. Smith and Il. h.
Finney were given liens for S17,O6O each.
The land in question was given to Little as
donations to aid the street railway company,
and comprise several large tracts of land
Some land in dispute between f. w. Little
and william Barr was exempted from the
operation OF the decree.
Sharps dry goods store, on street, was
this morning the scene OF lively action in
replevin. Armed with a writ, for the recov-
cry OF a lot of counters and shelving, which
the street merchant is alleged TO have been
using for some time. without paying rent
for same. Mr.. Winger, and Deputy Sheriff
Ress this afternoon proceeded to the store
OF Mr. Sharp, and tossing the goods upon
the floor at random. took possession of the
disputed articles. The dry goods man hus-
tied out and bought some tables, upon which
the goods were again placed on sale
Omaha people in Lincoln: E. c. Smith,
A. B. Dale. George l.. Gould. ]. NJ Gillian.
At the Lincoln-V. Il. Wilson. f. +. Jordan,
]. Il. Barstow and sister, w. S. Curtis.