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Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1902-12-01
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Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1902-12-01
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Freie Presse fuÌˆr Texas. [volume] (San Antonio, Tex.) 1865-1945, 1902-12-01
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Omaha daily bee., 1902-12-16
MATTERS IN DISTRICT COURT
Special Venire Necessary to Secure
a Jury I'm the Woods
Case.

The impaneling Of a jury in the case Of
Ben Woods, the alleged pickpocket, was
begun in the district court yesterday after
noon, but the panel was speedily exhausted
and a special venire OF fifteen jurors was
ordered by Judge Green. The work OF Sc
curing a Jury will be resumed this morning.
Woods is charged with picking the pocket
OF Neils Boysen at the local depot of the
Burlington railroad last summer.
Charles Langdon, indicted on a charge Of
maliciously destroying a 800 plate glass
window in the saloon OF w. Rogers on
Broadway by hurting a brick through 1t
entered a plea OF guilty and escaped with
a sentence Of twenty days in the county
Jail.
On motion OF the defendants counsel the
trial Of Leon Lozier and Ed Moore. indicted
on a charge OF conspiring TO defraud
Charles Gregory and William Barker Of
this city out Of 5000 in connection with
an alleged fake foot race at Webb City.
Mo-, last January was continued over to
next term. Both defendants are out on
So, 600 bail.
The $40. 600 personal injury damage suit
Of Edna Hoyt against the motor company
has been specially assigned for Thursday
in the district court.
a motion Dy the ueIeuuanl Company loI
a new trial In the personal injury damage
suit OF Chris Peterson against the motor
company was filed yesterday, Peterson Sc
cured a verdict for S1S. 500.
The National Life Insurance company in
its suit against Miss Ida Cassidy yesterday
obtained judgment for $40, 1885 and order
for foreclosure OF the mortgage on the
Casady homestead on Washington avenue.
The mortgage was originally for 1850.
The suit OF Mccormick, administrator
against the Citizens Gas and Electric COM
pany. which had been transferred from the
district court to the United States court,
was yesterday remanded TO the district
court by Judge Mcpherson. The plaintiff
sues for s., 600 damages for the death Of his
son. who was eleetrocuted while working
at the top Of one OF the electric light tow
ers lest winter. Tile defendant company
insures against injury to its employees and
the bonding company is really the inter
ested party in the suit.
The jury In the suit OF Mrs. X. A. Brown
against S Alexander to recover damages
for alleged unlawful attachment of a stock
of groceries brought in a verdict last even
ing for ss52.s4 for the plaintiff.
Omaha daily bee., 1902-12-16
CUPPY ASKS AN INJUNCTION
Seeks to Prevent Holding of Examination in
Insanity Proceedings.
ALLEGES A CONSPIRACY AGAINST HIM
Several Reasons Assigned why In
quiry should BE Held, Among
Them similar Action Now
Pending in Court.

William B. Cuppy OF Avoce, who was the
subject OF habeas cor pus proceedings In
stituted by mis- vito last week, and against
whom a charge Of insanity had been filed in
! accord, with the recommendation Of Judge
Scott Of the superior court, was granted
yesterday by Judge Green OF the district
court a temporary injunction restraining
the Board Of Commissioner for the Insane
in this city from taking any action in his
case, or in amy way interfering with his
liberty The hearing before the board had
been set for yesterday.
In addition to the members Of the Board
Of Commissioners for the Insane, Attorney
Fremont Benjamin, A. A.. Edgilton, Elwood
Anderson and Susan A. Cuppy, wife Of the
plaintiff, are made defendants. The petit
ton contains a number of sensational al
legations. 1t alleges that the defendants,
excepting the commissioners for the insane,
have conspired and coniederated together
to cheat and defraud tho plaintiff out Of
all his property and to deprive him OF his
liberty.
Referring to the fact that for over a
year past he had been In i'll health and
unable to attend to his business AFFAIRS,
Mr.. Cuppy alleges that in January last the
defendants obtained from him a deed con-
veying to his wife, Susan A. Cuppy, all OF
his property Of every kind and character;
that at the time he knew nothing Ct the
nature OF the instrument he was induced to
sign, and that, owing to the state of his
health, was wholly and utterly unqualified
to make such an instrument.
He alleges further that he remained In
ignorance Of the nature Of the instrument
until last September, when the deed was
first placed on record and proceedings we're
brought in the district court by Attorney
Benjamin to have him declared of unsound
mind and incapable Of attending TO his
business. The proceedings resulted in the
appointment of his wife as his guardian
pending the further determination of the
suit, to which Mr.. Cuppy states he has filed
an answer. He alleges that the suit
brought by Benjamin and the appointment
Of his wife as his guardian was but another
step in the alleged conspiracy to defraud
him Of his property and liberty.
The further allegation Is made that, de-
spite the fact that as the result OF the
habeas corpus proceedings he was ordered
given into the custody OF his. wife. the
latter had refused to make her home with
him. In support Of the application for the
injunction Cuppy disputes the jurisdiction
Of the Board of Insanity commissioner in
this city or elsewhere, as the question Of
his being OF sound mind IL now pending
in the suit brought by Attorney Benjamin
In the district court at Avoca.
Omaha daily bee., 1902-12-16
Plumbing and heating. Dixby & Son
short Session of Council.

The city council held one OF the shortest
meetings on record last night and ad-
tourned after having been in session less
than half an hour, to meet Thursday aft
ernoon at l o'clock, when the ordinance
providing for the placing of telephone wires
in underground conduits will be consid-
cred.
The mayor was authorized to sign the
contract will j.. NJ. Flagler for the con-
struction Of the new bridge over Indian
creek at Twenty-third avenue, the work to
be completed by January Is next.
Complaint was made that a number of
houses in the process OF being moved were
blocking the streets. and the city marshal
was instructed to notify the house-moving
firms to get them of the streets onto side
lots at once, until such time as the weather
will permit of them being moved to their
destination.
Residents on Fifth avenue complained
that Contractor Wickham had failed to
complete the grading on that thoroughfare
and e. A. Wickham. Knepher's bondsman,
was instructed to finish the work as soon as
the weather would permit and the city en-
gineer had made an stimate of the work
done by Knepher to date.
Omaha daily bee., 1902-12-16
THROWS NO LIGHT ON TRAGEDY
Coroner Unable to Ascertain How
Unidentified Man Met His
Death.

The inquest held yesterday morning by
Coroner Treynor over the remains of the
stranger whose dead body was found along
side the tracks Of the northwestern rail-
road, cart Of Crescent City last Wednes-
day morning, failed to give any clue TO
the mans identity or the manner in which
he met his death. The jury, however, was
Of the opinion that the railroad company
was Withholding information and censured
it in the following verdict:
That in our judgment the man was
killed by a Chicago & Northwestern train
Tuesday evening, December Q; ira we be-
lieve the officials Of the road withheld in
formation possessed by them relative to
the mans death, and we consider such &C
ton reprehensible and not in accord with
the interests Of public policy"
Divide Wien, G. w. Long and o. H. Lucas
comprised the jury.
The witnesses were Edward Cain, tele-
graph operator at Crescent City; Patrick
Egan, section foreman, and John Mont
gomery, agent at Council Bluffs. Their
testimony failed to throw any light on the
manner in which the man met his death.
Cain testified that some time after mid
night Tuesday he was notified by the dis
patcher at Boone that the crew of train
ANps - iSpOlltu SbtllB lne DOuy OF
a man lying next the track about two miles
east Of Crescent. Cain said he was in
structed to have the section men bring the
body in. He accompanied the section gang
to the place where the body was and the
tracks in the snow indicated that the
stranger had been struck by an eastbound
train. Train No. 100, he said. was late and
passed through Crescent shortly before
midnight.
Patrick Egan, section foreman, testified
to finding the body and bringing it into
the depot at Crescent. Agent Montgomery's
evidence was TO the effect that he had been
notified OF the finding of the body and that
he had given instructions to have It
brought to Council Bluffs. Beyond this
he knew nothing about the matter.
The coroner is trying to locate James
Duffey, living near st. Joseph, who is
thought to be a relative Of the dead man,
and the body will be held at the morgue
pending these inquiries.
Omaha daily bee., 1902-12-16
oTTUMWA HAS NEW SCHEME
Every Taxpayer I'm city TO he Made
stakeholder in Proposed
water Company.

oTTUMWA, Ia. Dec. 15.-Every taxpayer
in Ottumwa is to be made a stakeholder in
a water works company, II the plans now on
foot in this city are carried out. 1t is said
to be the second time in the history Of the
United States that such a scheme has ever
been suggested.
Ottumwa is beyond its debt limitation
and the city desires to build a plant that
will give adequate fire protection. A test
case was made in the supreme court as to
whether or not a levy for a water works
plant could be included in the constitu-
tional debt Limitation, the plea being made
that it was an urgent public necessity. The
courts held that such a levy was not a part
OF the state debt.
Thus the city found itself checkmated, but
now determines to organize the whole mu-
nicipality Of 10000 people into a gigantic
corporation, making every taxpayer a stock
holder.
Omaha daily bee., 1902-12-16

Judge Smith Mcpherson OF the United
States court was in the city yesterday TO
hear the application OF n. W. Wells, presi-
cent Of the Omaha & Council Bluffs Rail-
way and Bridge company for an |iniunc-
ton restraining Deputy Fish and Game
Warden Brown and q number OF others
from SEEMING IN Lake Manawa. The de-
PENDANT, however. desired TO be represented
by counsel and as Judge Mcpherson had TO
leave the city early in the afternoon,
George S. Mayne was appointed master in
ohancery 20 hear the evidence and report
70 the court The herring before the mas
ter in chancery will be held at a time to be
agreed upon by counsel for both sides and
pending the decision Of the court the tenn
porary restraining order issued by Judge
Mcpherson will remain in force.
Omaha daily bee., 1902-12-16
SEEK TO HEAD OFF MERRIAM
Executive Council Takes Action on
Examination of Insurance
Companies
CFrom a stan Correspondent. )

DES MONIES, Dec. 15.-(Special Tele-
gram)-The three members Of the state
executive council, Governor Cummins,
Treasurer Gilbertson and Secretary Mar
tin. held a meeting of the council today
and had before them the complaints of
eastern insurance men and insurance Jour-
nails in relation to the alleged misconduct
of State Auditor Merriam. The insurance
men state that Merriam and his insurance
examiner are in New York making exam
nations OF insurance companies and
charging big fees. The members Of the
council declare that Merriam has no au-
thority from the council for such exam
nations and if he is making them with
out express authority of the council it is
illegal. The governor will have a consul
tation with Attorney General Mullan to-
morrow to see what can be done, as mem
bers Of the council regard it as a public
scandal.
Omaha daily bee., 1902-12-16
Schmidt's Christians ThotOs.
Come early, any kind OF weather, for our
elegant new Christmas photos; guaranteed.
Cases in Court of Appeals.

City Solicitor Snyder and Attorney EN-
met Tiniey. who have been retained by the
city, are in st. Louis to appear before the
United States court Of appeals in the ap-
peal Of the city from the decision OF Judge
Mcpherson exemnting the Union Pacific
bridge from municipal taxes. The amount
involved is about 1900.
Several other local attorneys are in st.
Louis also, as there are two other cases
from this city to be heard before the same
court this week. One suit involves the
controversy between the Penn Mutual Life
Insurance company and Fenlon & Foley Of
this city over the furniture of the Grand
hotel. The insurance company claims own
ership, while Fenlon & Foley claim to hold
= prior lien given by Major Smith to pro-
tect a coal account.
The other suit is the appeal Of ]. A. Pat
ton, former cashier Of the First National
bank of this city, from the verdict award
ing Lucius Wells, former president Of the
bank. $4,000 for his services rendered in
the reorganization of the bank and the
Council Bluffs Gas and Electric Light
company.
Omaha daily bee., 1902-12-16

Thomas Barr, aged s., and his sister.
aged 50, who had lived two full generations
Of each other at Abba.
That hunter In Webster county who
slipped on a bottle and got a load OF bird
shot in his leg explains that he was not
carrying the bottle In his pocket.
An Alton man. is trying to make his cold
feet cost the, county 50, 0O5. He was arrested
Tor drunkenness and thrown into Jail over
night, and claims that his feet were frozen.
TIL school board of Sioux City, as Of a
good many other Iowa towns, is having a
great time to find an officer speedy and
cute enough to gather in the truants under
the new law,
The Law and Order league has got busy
in Jones county, with the result that seven
teen saioonkeepers or all but one in the
lating the liquor Law.
Iowa is supposed to be wholly reclaimed
from the primevial wilderness. but that
was chased a full mile near Glare the other
day by an immense gray wolf.
Ella Smith has filed in the district court
az Des Moines a petition for divorce from
her husband, in which she says that mot
Mlthstanding, his marriage vows, he was on
February Z, 1901, convicted of a felony
There will be no rush to Alaska to start
fruit farms, Notwithstanding George Van
Houten, the leading Iowa horticulturist,
who has just returned from there, says that
good fruit can be grown In that region.
The auditor Of Marion county has just
been indicted for forgery. 1t appears that
the result of the election hinged on two
townships. and that the forgeries exactly
reversed the figures between the two candi-
dates.
The tax authorities of Woodbury. county
are at loggerheads with the live stock
commission men at the Sioux City stock
yards on the question whether their per-
sonal property should be taxed as mer-
chandisc.
Major w. II. Flemming of Des Moines,
who has just been appointed to a RESPONSE
BILE place In the Treasury department at
Washington. is 60 years old. He has held
the office of, secretary to the governor for
nearly a third of a century. having In that
capacity served Governors Merrill. Carpen-
ter, hirkwood, Newbold, Gear, Drake and
the government of the state than any man
living.
Omaha daily bee., 1902-12-16
ENGINEER KILLED BY ENGINE
Tom Marshal of LRurens, Ia, Found
Dead Mt Post with Engine
StiII Running.

FORT DODGE, Ia, Dec. 15.-(Special Tel
eg~ram.)-Andrew Anderson. town marshal
Of Laurens, Ia. was found dead in the en-
CINE house at that place this morning. The
engine was still running and the water tank
overlooking,
1t is surmised that Anderson was injured
in some manner while working around the
engine. A post-mortem is being held today
TO determine the real cause of death.
Omaha daily bee., 1902-12-16
NEWS OF INTEREST FROM IOWA.

Mayor Morgan notice Of suit against the
city for $500 damages. Miss Crocker On
October IL last stepped into a hole in the
approach to the North First street bridge
over Indian creek and suffered a compound
fracture Of the leg. The approach to the
bridge had caved in as the result Of a
heavy rain and after the accident to Miss
Croker was closed to travel.
Omaha daily bee., 1902-12-16

Our annual clearing sale of mems and
boys suits and boys overcoats is in full
force. A discount Of 20 per cent on any
suit In the house and OF 33h per cent on
any boys overcoat or REFER. store open
evenings until after Xmas.
METCALF & METCALF.
Omaha daily bee., 1902-12-16

1t is to your interest to buy presents
early, and in order to prove this we will
give, on Monday, Tuesday and Wednesday,
one grab free with every $500 purchase.
Every article worth 25c or more.
A. B. HOWE, $40 Broadway.
Omaha daily bee., 1902-12-16
Need Hard Coal.

Local dealers are complaining about the
neglect of the railroads in the matter OF
furnishing hard coal. An agent Of an an
thracite mine was in the city yesterday
afternoon making excuses to dealers. This
agent declared that some of the coal barges
laden for western trade we're stuck in the
ice. Dealers here say that this excuse will
not hold, as anthracite is being shipped
down the Ohio river to st. Louis and can
be forwarded here by rail to relieve the
situation.
Some OF the cars diverted to use in the
east in the early stages of the settlement
OF the strike are now coming west and
there is nope that coal sufficient for the
needs of domestic use will reach here by
the end OF the month.
Omaha daily bee., 1902-12-16

Before you buy your coal see VIM. welch
at Is North Main street and he VIII ex-
plain to you how you can get a fine Round
Oak heating stove without costing you .
penny. Phone. ia
Omaha daily bee., 1902-12-16
NEW LAKE STEAMER LAUNCHED
TiOnesta to Run Between Buffalo and
Duluth Embraces Many New
Ideas in Building.

DETROIT, Mich. Dec. 15.-The Erie g.
Western transportation company's new
steamer Tionesta, which will go into COM
mission as enc Of the Anchor line fleet at
the opening OF the season Of 1903, was
launched today from the Wyandotte yards
Of the American Ship Building company.
Miss Marie Wetmore Of this city christ
ened Tionesta. The steamer Is 800 feet
long over all and will have a cargo capa-
city OF $500 tons and a passenger capacity
OF $50 tons.
The steamer, which will run between
Buffalo and Duluth, embraces a number OF
new ideas in lake ship building, the prin-
cipal feature Of which is the location OF
the social hall and dining saloon Of the
deck above the sleeping cabins,
Omaha daily bee., 1902-12-16

No poisonous purgstives enter into DI
Kings New Life p lis. Easy, but prompt.
they cure or no pay. Only Csc. For saln
by Kuhn & Co.
Omaha daily bee., 1902-12-16
Gravel roofing. A. H. Reid. 12s Main s
Real Estate Transfers.

These transfers were filed yesterday in
the abstract. title and loan ofice Of ]. w.
Squire, 101 Pearl street:
Grant Dewitt and wife to Ellen E..
Reed, lots 3 and 4, block 10, Car
son, ". ACKNOWLEDGEMENTS $50
Altha X. Rinehart and husband to Jo-
seph insolvency, lot 10, block 6,
carson, W.; lN
liam j. Reed, lots 4 and 5 and that
part Of lot , lying west of lots 4
and s, block z. Riddles sub, W. d.. 9,O66
County treasurer to Harry r. Burke,
lot 8, block 80. Mullins sub. I. d.. IS
Herman Ores and wife to Theodore
Gress, lot u, Auditors sub. sell,
awk and lot 7 in swh, SEX. 1916
9, ". 1
Omaha daily bee., 1902-12-16

The custom house Of Council Bluffs re-
eeived upward OF $500 as duties upon two
carloads OF ehinaWare, consigned TO W. A.
Maurer OF this city. The goods were
shipped from England.
Omaha daily bee., 1902-12-16

Come to the cantata at Congregational
church tonight. Admission. rs cents.
Omaha daily bee., 1902-12-16
Teacher sues for Damages.

Miss Lizzie Croker. a teacher in the
Twentieth avenue school. has served on
Omaha daily bee., 1902-12-16

A c~antata, THE Light of Life" will be
a treat at the Congregational church to-
night. Come. Admission, 20 cents.
Omaha daily bee., 1902-12-16
obligations Due.

On January l the city will have to pay to
the State Fiscal agency the sum Of $5,S5S.l4.
This is for paving bonds outstanding and
semi-annual interest on an issue Of $780,
$50. OF the amount needed there has been
paid into the city treasury all but S5OS and
this is being arranged for by the finance
committee.
Omaha daily bee., 1902-12-16

You will hnd a choice line OF calendars at
A~lexander's art store. 1888 Broadway.
Omaha daily bee., 1902-12-16

We are showing that new opera soft hat
to be worn with a Tuxedo suit.
METCALF & METCALF.
Omaha daily bee., 1902-12-16
Howe Gives Them Free.

Statuary, vases. candlestlcks, etc. Alex
ander q Co.. 1893 Broadway.
Omaha daily bee., 1902-12-16
BLOOD POISON

IL the worst disease on sArTn. yes Ihs
easiest 20 cure WHEN YOU KNOW
WHAT TO Do. Many have pimples. spOta
falling hair, bone pains. catarTh; don't
know Il Is BLOOD POISON. send 10 DR.
BROWN. Sb Arch ST P~biladapnIa. Pa
Tor BROWNS BLOOD CURE, 500 pei
bottle; lasts one month. Sold only 81
Sherman & Mcconnell Drug Co. 18th and
Dodge Sts.. Omaha
Browns Capsules SsE: =" 69gs : / s,o 6S;
Omaha daily bee., 1902-12-16

A thing Of beauty is a Joy forever and so
is Cooks Imperial Extra Dry Champagne.
1t is wholesome because II is pure.
Omaha daily bee., 1902-12-16
Labor Unions Complain.

Local labor unions have entered another
complaint with the Board OF Education
about the employment of nonunion car
painters. 1t Is asserted by the leaders in
the unions that not long ago a letter was
forwarded to tho secretary OF the board,
but no attention was paid to 1t. Now in
structions have been given the secretary Of
the Trades and Labor council TO send a
registered letter to Colonel Lott, secretary
of the board. In case this letter is not read
at the coming session of the board a dele
cation from the council will ask permia-
sion to speak on the subject.
Magic City Gossip.
Stephen Volz was reported some better
last night.
A son has been born 10 Judge Breen and
wife, Twentieth and J streets.
South Omaha hive No. Is, Ladies of the
M~accabees, will give a dance at Masonic
hall this evening.
Mrs, c. A. Melcher will entertain the
members OF the New Century club
Wednesday afternoon.
st. Martins auxiliary will meet Wednes-
day afternoon with Mrs. =. b. Watkins,
Twenty-ffth and Z streets.
John Flynn, the well known clothier, was
reported some worse yesterday, He has a
severe attack OF rheumatism.
TIL Epworth league will hold a business
Mrs. j. Z. Lush, 1912 North Twenty-third
street.
Contractor Dan Harmon has his grading
outfit back from Iowa and has slowed his
forty-eight head of mules away for a
weeks rest.