davidaulloa/AmericanStories huggingface dataset:
The herald., 1898-10-08

at which there were eleven nurses present
and a larse attendance Of members. With a
small sprinkling OF veterans OF the post
The assembly was called to order by the
nresident. Mrs. Lizzie Belle Cross. who
briefly stated the purpose Of the occasion
and it's special Significance. After the
singing OF America" Mrs. e. c. Ransom
was called upon for the opening speech.
Mrs. Ransom has recently returned from
an absence of four years In the eastern
and southern states. She expressed her
pleasure at being in Southern Calitornia
once more and her appreciation OF the oc-
casion. Mrs. Ransom was q nurse during
the civil war In the hospitals OF Memphis,
New Orleans and New York.
Mrs. s. p. Barry spent four years as n
nurse. two in the hospitals OF the Army or
tho Potomac and two in the west at Nash
willie. Murfreesboro and Chattanooga. Mrs.
lane B. Rice was In the service a. nurse
between three and four years At Benton
barracks and the general hospitals OF st.
Louis. DR.. Rachel Reid OF Pasadena was
In the hospitals In st. Louis. but was
Obliged to retire after nine months sar-
vice because of broken health. DR.. Reid
had been a practicing physician several
years when the war broke out. MRS Mary
f.. Threlkeld spent her term of service ir
the hospitals at Fort Scott. Leavenworth.
Kansas, Mound City, Mo-. and was on but
two battlefields.
Mrs, A. E. Vanard was one year IN camp
hospitals, where there was much sickness
and suffering.
Miss ]. s. Hubbard had probably the most
extensive and varied experience as an
army nurse of any lady present, with one
exception. She entered the service In May,
1861, from Chicago her hons being n Ma
The herald., 1898-10-08
SAN DIEGO WATER CASE
Judge Ross Decision in the Circuit
Court Reversed

The San Diego water case that has been
in the courts since 1894, was taken to the
San Francisco court of appeals recently, on
appeal from q decision given by Judge
Toss in the United safes circuit court.
This week the decision was given In the
case, reversing that of Judge Ross. The
court held that Notwithstanding the fact
the constitution declares that the use of the
waters of the state appropriated for irri-
cation purposes is a public use, and upon
the petition of twenty-five consumers the
commissioners of the county may fix the
rates to be cEa ged ny the compdn. and
paid by the consumer, nevertheless until
such rates are fixed in pursuance of law
the corporation furnishing the water and
the consumer receiving 1t are left free to
make such contracts as they may see fit
to make and their agreements will be sus-
tanned by the courts.
"In other words, there is no provision of
the law of the state and no principle of
public policy which irhibits such con-
tracts. Corporations engaged in the bust
ness of furnishing water for irrigation. un-
der the laws of California, whether they
acquire the water by appropriation of the
waters of the state or otherwise are pri-
vate corporations. They are now here de-
clared to be public corporations or quasi
public. They conduct their business for
private gain, for reasons affecting the pub
lie welfare they are given the right of en-
inent domain, and In order that the use
of the water may be fairly and equally
adjusted to consumers and their rights nro-
tected under the constitution. it is provided
in a certain contingency the rate to be
paid by the consumer may be fixed in
manner prescribed by the law. The use is
public only to the extent that the corpora
tion may be compelled to furnish the water.
provided it has the capacity to do so, to all
who receive ard pay for the same, and that
the rate of compensa ton shall be fixed by
the law in case the parties cannot agree"
The herald., 1898-10-08
CAMPBELL IS GUILTY
THE JURY WAS OUT LESS THAN
FIVE MINUTES
HE .BUNC0ED Mr.. SEAGRAvE
D. G. Spencer to Be Tried as an Accom-
plice on Thursday-High Tributes
to Judge w. A. Ryan

There was no need Of a second ballot to
decide the fate Of A. B. Campbell, on trial
in Department one yesterday on charge
of grand larceny. The case was turned
over to the jury at 4:45. and five minutes
later 1t returned verdict of guilty. Camp
bell, 1t will be remembered, was accused
with one D. c. Spencer with having bun
coed Fred Seagrave of S34 South Hope street
out of $500 by representing themselves as
members of the Patton Davies Lumber
company. Campbell got Seagrave to give
him $500 on the repres sentation that he
would give him the position as collector for
the lumber company and wanted the $500
as security.
The prosecution yesterday placed several
witnesses on the stand, who testified to
having seen the defendant and Seagrave
in conversation on the day of the steal.
One witness testified to having heard Camp
bell refer to Spencer as Ross. one Of the
company's collectors.
To all this evidence the defendants at
torneys made no direct reply, but attempt
ed to secure Campbells release on legal
technicalities. Early In the day they asked
for a dismissal on the ground that the evil
dence offered did not go to show that
Campbell had committed larceny. and that
If he committed any crime 1t was that of
obtaining money under false pretenses.
Attorney Shinn, one of the attorneys for
the convicted man, argued that the money
was loaned Campbell by Seagrave and that
the present action was only an excuse to
try to get it back. This statement brought
a smile to the face of every one familiar
with the evidence. Even the judges usual
severe mein while on the bench lost for
moment Its customary expression. When
the attorney had finished his needless ex
ertion Judge Smith denied the motion and
ordered the case to proceed
1t did proceed. but in manner extreme
ly unusual. The prosecutions case was
all in and it was in order for the defense
to coll its witnesses. Whether from an
oversight, or because 1t had none to put on,
the defense opened with an argument by
Mr.. Shinn, in which he attempted to OK
plain to the jury that things were not as
black as they looked. 1t was an uphill
task. and he soon tired and sat down.
For one solid hour Deputy District At
torney McComas reviewed the swindle.
pointing out each step as given by Mr.
Spencer in his testimony. The members
Of the jury looked bored. and even the pris-
oner himself was seen to nod as if soothed
to forgetfuness. Arguments We're un-
The herald., 1898-10-08
CROWDS AT THE EXPOSITION
Secretary Virgins Gone in Response
to Telegram

Secretary Virgins OF the chamber OF
commerce left for Omaha yesterday morn
Ing In response to a telegram urging him
to come at once. The crowds at the
Omaha exposition are SO imme nse the Gus
todians OF the Los Angeles county exhibit
find them too great to handle. still
larger attendance is anticipated on "jubi-
lee day." when President Mckinley and
party will be present.
II. A. Green. one of the assistants in the
exhibit room. returned Tuesday from an
eastern trip that included Omaha, Chicago,
Toledo, O., and San Francisco
Mrs. Machold, 223 London avenue,
brought in to the exhibit hall an Immense
bouquet of white mammoth cosmos, and
promises frequent contributions Of flowers
during the winter.
The herald., 1898-10-08
DOMESTIC TROUBLES
Were Given Hearing in Department
Three Yesterday

Mrs. Wilhelmina Price told Judge York
yestrday that her marriage with Lewis L.
Price was a mistake and asked that the
bonds of matrimony be dissolved. She
claimed that her husband was in the habit
of ating her. "He would go off and get
drunk" said she, land when he was drunk
he was always in bad humor and would
vent his i'll feelings on me- The court
thought she was justified in asking for a
release.
Mrs. Clara NJ r. Black also applied to
the court for freedom from runaway hus-
band. She testified that her husband
Robert Black, left her over a yeah and q
half ago and she had not seen or heard
directly from him since. The case was
continued until Mrs. Black produced fur
ther evidence
The herald., 1898-10-08
Federal Court Notes

Charles Baker and C. H. Garfield were
yesterday brought before United States
Commissioner Van Dyke for examination,
charged with failing to extinguish camp
fire on the San Bernardino forest reserva-
tion. The men We're arres ted on complaint
Of George b. Cole, United States commits
sioner for the southern district of Cali
fornia. Numbers of witnesses were ex-
amined and the accused were held to an
swcr before the grand jury, with bonds
fixed at $3.50 each
Eva Hartman a dealer in ladies' and
furnishing goods, filed peti-
ton in bankruptcy in the district court.
Liabilities S3S49. 56 assets S2l50
The herald., 1898-10-08
NO CAUSE OF ACTION
A Six Million Dollar Mining Suit Is
Knocked Out on Demurrer

The large mining suit brought by Arthur
C Raas against f. II. Seymour to secure
an interest in the Grand Central mine of
Sonora, Mexico, which is reported to be
worth in the neighborhood of s6,0O00O0, has
been ordered out of court by Judge Allen,
who sustained the demurrer yesterday.
The plaintiff claimed that while Seymour
was acting as superintendent of the mine,
he sold it to an English syndicate and kept
the proceeds. The defendant demurred on
the ground that there was not cause of
action. The suit was first filed in San
Francisco
The herald., 1898-10-08
Beaten Over the Head

Frank Wigget, mixer employed at
Baldwin's ranch, was attended at the re-
ceiving hospital last evening by DR.. Hagon
for some cuts on the head. According to
the statements Of Wigget, while he was at
work yesterday at Baldwin's ranch, he
knocked some cans Off a porch. broke some
Of them, and spilled their contents. The
man who is employed as boss Of tho dairy
The herald., 1898-10-08
DIED

I.
his residence. West Pico street
and Western avenue. October g. 1888
Edward Small, native Of Ireland, aged
46 years.
Funeral will take place Saturday, Octo-
ber Sth, at $3.50 q. M, from his late resi-
dence: thence to the cathedral, where Z
solemn requiem mass will be celebrated,
commencing at $3.50 a. m. Friends and ac-
quaintances invited. San Francisco pa
pers please copy. Interment, New Calvary
cemetery.
The herald., 1898-10-08
A YACHT WAS STOLEN
Complaint Filed Charging Three Men
With the Crime

A complaint was issued yesterday from
the district attorneys office, charging Ben
Lew and two men named Smith and Math-
ews with grand larceny. The complainant
is Victor r. Hopf Of Santa Monica, who ac-
cuses the men of stealing his sloop-yacht
E.strel on the 5th of this month. AS the
yacht is worth in the neighborhood of $780,
he is anxious to get 1t back.
The herald., 1898-10-08
Denies His Connection

j. F. Johnson, charged with having
hand in the queer land deal brought to light
in suit on trial in Department five yester-
day, between l.. b. Cohn and W. j. Kelly,
has filed a brief denying his connection with
The transaction,
The herald., 1898-10-08
Petition for Probate Filed

C. Fl. Hance yesterday petitioned for the
probate of the will of Martha C. Gilpin, de-
ceased who died In this city September 15
The deceased left property valued at $3OOO
The herald., 1898-10-08

was drunk and awkward and struck him
over the head with an iron poker. Ths
scalp was cut In a number Of places. Wig.
get said he did not know the name Of his
assailant
The herald., 1898-10-08
JoTTINoB

Lovers Of good driving horses cannot
miss It BY buying one Of our No. Chestes
Columbus Buggy Co.'S driving wagons.
They have the Bailey hangers, lons-dls-
tance axles and quick-shifting shaft coup
lings. Hawley. King & Co.
The herald., 1898-10-08
ARMY NURSES
Entertained Yesterday by the Stanton
Woman's Relief Corps

It Is the custom of Stanton Relief coros
to observe the anniversary of its organhZa-
tion in entertaining the army nurses Of
the civil war. Yesterday being organiza-
ton day, the usual reception was given,
The herald., 1898-10-08
Court Notes

Desiree Michan commenced suit yester-
day against F. j. and j. A. Cressy to fore
close mortgage on house at SAG Alvarado
street.
The herald., 1898-10-08

listened to with close attention by all pres
ent Coffee, cake and sandwiches were
served ae 9 close to pleasant afternoon.
The herald., 1898-10-08
Our Homo Brew.

Maier & Zobelein's lager. fresh from theil
brewery, on draught in all the principal
saloons: delivered promptly in bottles OF
kegs. Office and brewery, 40 Aliso street.
Telephone 81.
The herald., 1898-10-08

We have taken the agency for the Colum.
bia bicycle. Our motto is, "Get the Best. -
However. we have good wheels for 80.
Hawley. King & Co.. Broadway and Fifth.
The herald., 1898-10-08

necessary, as conviction was a foregone
conclusion.
The trial of D. c. Spencer as an accom-
plice to the crime will begin next Thurs
day.
The herald., 1898-10-08
Wreck on the Southern Pacific
Notes and Personals

w. Fl. Brewer Of the general superintend-
ent's office Of the Santa Fe. has returned
from a vacation trip to Topeka and Denver,
the first he has enjoyed for some years.
Advance Manager R!caby of the What
Happened to Jones" company has ar
ranged for a tour of the kite-shaped track
for his troop and a season In San Diego.
General Passenger and Freight Agent
Peck of the Terminal railway Is confined
to his home by illness.
The Traction company thinks 1t will
have It's Boyle Heights line in working
order by the first of December.
The herald., 1898-10-08

Velvet Stock Collars, In plaids, 1S~
checks md polka dots. .%O~
Roman Stripe Silk Stock Collars. 2sc
trimmed with velvet baby ribbons wv
Satin Stock Collars. with tie ends S0~
and plated ruffles. es...................O WV
The herald., 1898-10-08

One case dainty pladed f1annels, suit
able for children's dresses, ladies'
wrappers and shirt waists, s 1-3c &C
One case French Blue Cheviots, in
small stripes and checks, a good article
for boys shirt waists or ladies
work aprons, worth 1-3c. &C
Tonigh. ACKNOWLEDGEMENTS.
Omaha daily bee., 1898-11-13
CARVING ARRAY AT A DANCE
John S%lobOdny Strikes a Girl with
Brass Knucklcs and Slashes
Edward Richie.

Metz hall, at Thirteenth and Williams
streets, was the scene Of a free-for-all fight
in which nearly a hundred men took an
active part last night and eliminated in a
stabbing ARRAY, the victim being a man
named Edward Richie, who was rescued by
the police from the midst Of the melee, with
a long cash cut above his left ear. John
Slobodny was the man who welded the
knife.
The trouble arose through the refusal Of
Slobodny's sweetheart to dance with him.
The Bohemians held a big ball in the hall
last night. 1t began early and lasted late.
About 10 o'clock Slobodny, who had been
drinking freely, asked Mary Kubat for the
pleasure OF the next dance with her. Mary
begged to be excused and Slobodny struck
her with a pair Of brass knuckles. This was
the cue for all the men present to do battle.
The friends Of Slobodny ranged themselves
on one side and his enemies took the other.
For a few minutes the air was full OF chairs
and other small furniture and when the
police succeeded in separating the con-
t~estants Slobodny had slashed Richie with
a knife and Richie was about to use a pistol
in self-defense. When Slobodny saw the
officers he ran to a window and jumped
out Of it. AS he jumped from the second
story and alighted in a chicken coop in the
rear of the building he was somewhat famed
and before he could e~xtricate himself from
the coop he was captured by the police.
Omaha daily bee., 1898-11-13
TWO CHARGED WITH ARSON
j. EllrOY and Edward Pence in Jail,
Accused of Setting Fire to
a Building.

]. Ellrof, proprietor Of the eating house
known as the white Front at III North
Ninth street, which narrowly escaped de-
struction by fire yesterday morning, is
locked up In the city Jail, charged with arson,
his accuser being Edward Brixin, a cook in
his employ. Edward Pence, a waiter, occu-
pies a cell with Ellrof, charged with being
an accessory to the crime. The men were
placed under arrest at 4:30 yesterday after
noon. The men fired the building, Brixin
says, to get the 500 insurance that covered
the buildings contents.
Brixin tells a story that sounds a great
deal like a pipe dream" According to his
account of the affair he became privy to a
plan formed by Ellroff and Pence to fire the
place. He warned them to be careful, but
they paid no attention to him. After spend
ing Friday night in a game Of cards at the
restaurant Brixin went to bed about Z
o'clock on Saturday morning. Certain re-
marks that had been passed between the two
men he accuses had aroused his suspicious,
but he fell asleep and awoke about 10 o'clock
to find the place in flames. He says his own
room and bed had been drenched with kero-
sene.
When the firemen arrived they found such
evidence of incendiarism as led to an in
vestigation and the arrest Of the proprietor
and his alleged accomplice. Both Ellroff and
Pence deny any guilt in connection with the
fire. The police say they have evidence to
sustain Brixin's story.
Omaha daily bee., 1898-11-13
PERSONAL PARAGRAPHS.

Paul Mccormick Of Billings, Mont, is a
visitor In Omaha.
C. w. Richardson and wife Of Brattleboro,
VT. are stopping over In Omaha for a day
while on a western trip.
+. d. Edwards of Lead and W. d. Driskill
of Spearfsh are a couple Of South Dakota
business men visiting in the city.
]. +. Dillon, clerk at the Willard hotel,
left yesterday for Chicago, and from there
will go to Indianapolis for a visit. returning
to Omaha in time for Thanksgiving.
]. H. Culver of Milford, late captain Of a
troop in Grigsby's Rough Riders, and C. j.
Bills OF Fairbury, late colonel OF the Second
Nebraska volunteers. were Omaha visitors
yesterday.
DR.. Ewing Brown has been confined to the
house for the last week suffering from an
attack OF congestion OF the lungs with
asthma. He was able TO be out today for
the first time.
G. w. White Of Tacoma, Wash. arrived In
the city yesterday on his return home from
a trip to the east and stopped over In the
city for a day. lie is accompanied on his
western journey by his sister-in-law Mrs.
George T. G. White OF Brooklyn. n. Y.
Nebraskans at the hotels: C.. +. Way,
Columbus; r. NJ. Thompson, Sutton; b.
Wood. Fairbury; J. NJ, Beekman. st. Paul;
r w Murphy. North Platte; y. W. Wells,
Schuyler.
Omaha daily bee., 1898-11-13
LITTLE GIRLS CLOSE CALI
Falls in Front Of a Moving Motor and
IL Saved by q Peculiar
circumstance

Some few people standing on the corner
OF Lake and Twentieth streets yesterday
evening had their breath fairly taken away
by the narrow escape OF a little girl from
being ground up by a street car. The Dodge
street car was turning the Y at this point
and was backing west on Lake street. The
trolley came off shortly after the start was
made and the car was stopped. Three little
girls were watching the movements and
Just as the trolley was put in place and the
car started the girls started to cross the
tracks. Two Of them passed safely over, but
the third slipped and fell across the track.
Fortunately the trolley again slipped the
wire and the motorman stopped his car
almost instantly, but the girl was under
the platform and the slightest backward
movement of the car would. have injured
her. The conductor was too badly frightened
to ask the girl her name after r%escuing her
from her perilous position and she lost no
time In hurrying home, leaving a package
OF meat on the track which the car later
reduced to a PULP.
Omaha daily bee., 1898-11-13
Smash u Saloon window.

Two men who bore a grudge against John
Achatz, the proprietor of the Klondike
saloon, at sol Jackson street, and tried to
oven up scores by smashing the plate glass
windows of the saloon with bricks. w"ro
taken into custody by the police last night
about 10 o'clock.
The names OF the men arc George Smith
and Ed Charington and the trouble origi-
mated early in the evening, when they In
company with two women were drinking in
the bar room. AchatZ asked the women to
leave the place and they refused to IL SO.
He then attempted to put them out by
forcible means and succeeded. but the men
resented the treatment accorded the women
and after the party had been outside for a
few minutes holding a consultation those In
the saloon were surprised by n shower Of
bricks that were hurled through the WIN
dows. A huge plate glass window was
smashed to smithereens and Achatz lost no
time In calling the police and having all
-FOUR arrested. The mon were held on the
charge OF malicious destruction OF property.
but the women were released,
Omaha daily bee., 1898-11-13

Ruby Nicholson, the dementcd young
woman who has been confined in the CITY
jail until she could be cared for by her rela-
ives, was the cause Of a controversy yes
terday between the officials of the city and
county jails. Those in charge Of the city
institution, believing that the girls relatives
did not intend to provide for her. secured an
order committing her to the county jail and
took her to that place for keepins. The
1aiier refused to receive the girl for The req
son that he did not have room for insane
people. She was returned to the city jaiI
ana a new order made out charging her with
Vagrancy, but Jailer Shand of the county jail
would not receive the girl on that order
elmer and she was again returned. The CITY
Jail officials then sent her 10 Jailer Shapd a
third time and Oh his continuing 20 refuse
10 receive her she was placed in the corri-
dor Of the institution and left there lnnro.
yided for.
Omaha daily bee., 1898-11-13
DISCUSSING THE SCHOOL oND
Committee Of the Board of Education
Considers the Topic.

NV OPhS
The question of whether or not the High
was a subject that monopolized the atten-
ton of a special committee Of the Board of
Education for some time this afternoon. At
the election the bonds received more than a
majority of the votes cast upon the bond
proposition, but they lacked a majority of
all votes cast. This being the case. the
members Of the Board Of Education had
some hesitancy in passing upon the legal
question involved, consequently the matter
was referred to a committe to secure legal
advice and report the findings at the next
meeting.
Although not ar attorney for the board,
Ralph Connell appeared before the COM
mittee and advanced some strong arguments,
holding hat the bonds carried at the cleo
ton of last Tuesday. He said that he had
checked the law out and felt certain that it
was the intention Of the lawmakers that
the construction to be placed upon the law
was that bonds should carry whenever they
receive q majority of the votes cast upon
the proposition. He maintained that a
blank ballot is not a vote, and hence blank
ball-ts cannot be counted against the bond
proposition. The members Of the committee
regarded Mr.. Connell's position as well
taken, but expressed a desire to have the
opinion of their attorney upon the subject,
The matter was referred to him. and at
next Monday nights meeting he will sub
nit his report in writing, after which the
board will take some action in the premises.
In 1889 a similar case was taken to the
supreme court, and at that time 1t was
held that in order to carry the bonds must
not only receive the two-thirds majority OF
the votes cast for the proposition, but two
thirds Of all the votes cast at the election.
Omaha daily bee., 1898-11-13
Plank Walks inv bad shape.

There is a growing feeling Of disgust In
the northern portion of the city over the
neglect Of the city officials to compel prop
erty owners to repair their sidewalks. Many
of the plank walks are in a most dilapidated
condition, and as yet nothing has been done
toward requiring the lot owners to make the
much needed repairs. This is particularly
true with reference to the sidewalk along
Nineteenth, from Ohio to .Corby street,
where much Of the abutting property is
owned by millionaires. During last Hal
loween night the boys raided this sidewalk
and carried away the loose plapks, piling
them in front yards and upon porches in the
vicinity. Since then the walk for the dis
lance OF nearly a block has been a perfect
pitfall and a menace to the safety OF the
pedestrians who have had occasion to pass
over 1t,