Omaha daily bee., 1902-09-12
NILES WILL CASE UP AGAIN
Supreme Court is Asked 70 Delay Passing
Upon Pending Appeal
MOTION PENDING IN THE LOWER COURT
Acting Mayor Lyman Issues n Proc
IamstioR Calling for the OBJ
Of Mckinley
Memorial Day.
From q stan Correepondentl

.1RNF 80 49,
preme court has been asked to con.i-us
the hearing Of the noted Miles will case
from the sitting Of next week until the
next regular term, II being urged that this
should be granted because the trial court
now has under consideration a motion for a
new trial, based upon the grounds Ct newly
discovered evidence The case involves the
disposition Of the vast estate left BY
Stephen b.. Miles Of Falls city, who died
October 30, 1898. II is asserted that evil
dence Of the execution Of a later will has
been found, and until the motion for a new
trial Is acted upon the supreme court
should take no action on the APPEAL.
The pending appeal is from a decree rem
dered by the district court refusing to set
aside the probate of a will. 1t presents
questions Of both law and fact. In asking
for the continuance John L. Webster. at
torney for the plaintiffs. says to the court:
1t is my opinion that the hearing OF the
pending appeal Is unnecessary, for the rea-
son that when the said case was tried the
appellants were not able to produce the
person who wrote the last will Of the de
to the contents of said will from the ac-
tual seeing or reading thereof. and the
failure to produce said evidence was one Of
district Judge in rendering the decree from
which the pending. appeal was taken.
the person who wrote the will and there
upon filed their petition for a new trial and
upon the bearing thereon produced a large
the execution Of the will and produced as a
witness Witness Pau T. Gad ise Who wss then an
and be further testified to the contents OF
the said will and that 4 contained a clause
also predueed p the testimony wttiiisi tH of s Maps' Wils
son, who was the stenographer in the said
making a copy Of said will on the type
writer and TO the fact that said Miles and
one, or more occasions to see the said 4 CAD
sen ABOUT the said Will appellants also
R% fifneeed w SS1s tes WIn9 t OF ST. 8nsI dS1is as "a 2
Paul r. Gadsen with him regarding the
said will and particularly with reference
to the revoking clause therein, which con .
sultations were had about the time of the
writing of the said will; that the defend
ants have not produced any witnesses who
contradict any Of the above statements
made by the said Gadsen, the said Wilson
writing Of the said viii by the said Gadsen
and the execution thereof as stated by him
Is Sonnrmed by The testimony Of Miller and
they witnessed the execution of the said
will In, the 81, James' hotel.
that the district court will grant a new
trial and vacate the decree.
MayOr Issues Memorial Proclamation.
Acting Mayor Lyman has issued the fol-
lowing Mckinley Memorial day proclama-
lion.
Sunday next, September "A, is the first
anniversary of the death at the hands OF
then president of the United States, an
event that flooded with sorrow the heart
OF every patriotic citizen OF this country
and called down upon the act the grief and
execration OF civilized people throughout
1t is hitting and proper that the people
of this city should In some manner appro-
priately observe this solemn anniversary,
and therefore, in accordance with the proc
lamation OF the governor Of Nebraska. ask
Ing such observance, i, as acting mayor of
the city of Lincoln, request the churches
OF the city to observe the day with appro-
PIRATE services and urge that all our citir
zens attend and tenderly do reverence to
whose heroism In death. whose patriotism
and ability as a citizen and statesman
commands the admiration OF every right
thinking person in this country and
throughout the universe.
I also suggest that wherever practicable
Tags be displayed at half-staf during the
New Corporations
Articles Of Incorporation OF these institu-
tions were recorded in the secretary OF
states once today:
The d. w. Monatt Mercantile company,
Gordon, Sheridan county. Capital stock,
Hf6 SoG tn &. P%aiI. <. Y. s Sch M9datt !. 81 Il,
Fugate. D.. ". Mofatt, jr. For dealing in
The Farmers Grain and Elevator COM
pany, Virginia, Gage county. Capital
stock TSs' $1,000; With eighty incorPoTatSTSi
company, Fullerton. Capital stock. $50. 900
TT1Seorporat9rsi George p Meikleiohn.
Harris, J. H.. Umstead and T, G. Reid.
BIEeION Gets Nomination Cheap.
George z. Bigelow Of this city filed an
anidavit with the secretary Of state today
setting forth that he paid no money what
ever. directly or indirectly, in securing thu
socialist nomination for governor. The
statement is made In accordance with tbs
provisions Of the corrupt practices act.
The City Improvement society. an organi.
Eation Of many OF the most prominent
women Of Lincoln. resolved this morning L
begin a crusade against the worms nov
infesting trees throughout the city. FRS.
the limbs upon which worms are found
will be cut OF and burned and II that doei
not sUf1ee whole trees will be destroyed.
Todd Cannot Accept.
A recent order Of the War department
will prevent Lieutenant c. c. Todd OF Texas
from accepting the position Of commandan.
OF cadets at the University OF Nebraska
The department has held that rat rcd en-
GERS cannot serve in such capacity. A
Lieutenant Todd Is a retired ohicer II 4
likely the Board Of Regents will have I
make another selection. Captain II. n
Boyden OF Omaha has been suggested AM
may be by the board.
Young ThIeves steal Carpet.
: PLATTsMoUTH. Neb.. Sept. 11.-(Spe
eial.)-A couple OF youthful thieves sto
two carpets from Robert Troop last night
Charles Vogtman reported to the police tha
someone had stolen a suit OF clothes from
his residence and he suspected that II wa
his sen Adolph. IS years CT age. who re
Gently returned from the reform Fehool a
Kearney.
Farmer Declared Insane.
PLATTsMoUTH. Neb.. Sept. il.-(Spe
eial.l-charles H., Bailey was bsfSra tn
Board OF Insanity today and by the bo:r
IT, I'll