Omaha daily bee., 1902-10-18
BALLET CASE IN MID AIR
Interested Parties An1iOusly Await Decision
Of Judge Munger,
SHAW MAKES SPEAKING DATES IN IOWA
Supreme Court Passes on Union Label
infringement Case and Reverses
Another on Peculiar
Grounds.


Grounds.
From a Staff Correspondent
DIES MONIES, Oct. 17.-(Special Judge
Munger OF Omaha is still holding his de-
cision In the famous case of Letson Ballet,
tho Oregon mine promoter who was con-
victed OF using the malls to defraud. Judge
Munger tried the case here and Ballet was
convicted after a hard fight in the courts.
His Arst attorney was A. b. Cummins, who
withdrew when he became governor. Later
the case was taken up by Charles A. Bishop,
who has since gone on the supreme bench
Of the state. At the time of the conviction
Judge Munger set a date for hearing argu-
ments on q motion for a new trial, the
hearing to be In Omaha, but since Judge
Bishop went on the bench he allowed the
arguments to be made in typewriter form.
This was done some time ago, but Judge
Munger has not yet decided whether he
will grant a new trial. In the meantime
Ballet went back to Oregon and California
and 1t is alleged here has resumed opera
tions. Some Uffense was caused to the
court by the publication in a New York
paper Of a paid advertisement OF Ballet,
since his conviction, lauding him to the
skies as one Of the great mine promoters
Of the world. but his friends assert now
that this publication was an old contract
made before Ballet was convicted. The is
sues involved in the motion for a new trial
are of greatest Importance, as It Is alleged
that il the conviction stands the promotion
of mining companies and advertisement Of
their glittering features will have to be
stopped entirely. The decision. is therefore
awaited with great interest here and else
where.
Divorce Follows Confession.
william Bueck pleaded guilty to forgery
in district court today and almost immedi-
ately thereafter his wife procured "a d.
vorce. He was a photographer and eloped
with a young woman working for him, to
whom It is claimed he pretended he was a
single man. After his return to his family
the young woman's friends interfered and
to make matters right he procured what
purported to be a marriage license and
certificate Of marriage to her in Scott
county. Later he was indicted and con-
victed OF forgery in placing the name OF
the county clerk to the certificate. But he
got a new trial. His wife stayed by him
through to this point and insisted he was
innocent; but this morning he changed his
plea and admitted his guilt. Immediately
thereafter his wife applied for a divorce
and was granted II without question.
Bueck was sent to the p~ec!tentiary for one
year.
shaw's Town Meetings.
Secretary Shaw will deliver his first po-
litical address in Iowa at Marshalltown
October rs. Immediately following his
Omaha date. He will speak at Marshall
town with Senator Allison and Congress-
man Cousins and it win be the most i'm
portant rally Of the campaign in that part
of Iowa.
A large lumber Of good political meet
ings are being arranged for by the repub-
lican committee for next week.
state Fair Has Good
The financial statement for the State Ag-
ricultural department. as prepared by the
secretary for presentation to the depart
ment at the annual meeting in December,
shows a balance Of $31, 45S.79 to the credit
of the department. The total receipts for
the fair were $101 ,914.06. The balance is
not as large as at this time last year by
about 81, 500, due to greater permanent i'm
p~rovements.
Union Label infringement.
The Iowa supreme court today decided
a union label case from Woodbury. county,
UNFOLDING a permanent injunction against
Tolerton & Stetson, a jobbing house OF
Sioux City, convicted of selling a brand
Of cigars bearing a counterfeit union label.
After the firm was notified that the labels
were counterfeit that brand was with
drawn from the market and an effort made
to get all the sold boxes back, but a ship
ping clerk a~fterward. through error, Allied
two orders for the goods. Because Of this
the lower court was justified in making
the injunction permanent. The suit was
brought by the president of the Sioux City
Trades assembly and $50 was awarded as
profits OF the firm to the Trades assembly.
The court refuses to accept this as Just,
because no profits were shown and no
damages sustained.
Reversal on slight rOun
The case appealed by oliver Brundage of
Blackhawk county, convicted OF breaking
and entering a car for purposes Of larceny,
was reversed on grounds which appear
trivial. The appellant was convicted Of
taking a pail of tobacco from an Illinois
/ Central car near Waterloo. The pail was
found in a room in a house occupied by
Brundage and another. The detective who
recovered the tobacco said he found in the
room also some medicine and candy. leav-
ing the Inference they we're stolen. The
court in ruling out this evidence referred
to II as medicine and sailed peanuts"
This was not sufficient. The defendant was
not allowed to testify where he got the
tobacco he was using Of the brand Of that
stolen. For these and similar errors he
gets a new trial.
Court Decisions.
The following are the other decisions
filed today by the court:
State against Thomas ]. Steupper. al
pellant, Fremont county, Judge Green;
conviction for bigamy; affirmed, by Nc
CLAIM.
Chicago. Milwaukee & ST. Paul Railway
against V. c. Hemeway, appellant, Dick
inson county. Judge Quartar; action to
quiet title; reversed. by Ladd.
Thomas II. Gill, appellant, against DAN
lei T Patton, Polk county, Judge Bishop;
resssessment OF special taxes; reversed, by
Sherwin.
Homestead Sale Confirmed.
The chief justice Of the supreme court
has confirmed the sale Of the Homestead
property made yesterday by a commissioner
Some litigation Is expected yet over ques-
tionable accounts as between the inter
ested parties, but these can he disposed OF
soon.
The railroad commissioner have assign
ments for several hearings next week. Con
demnation proceedings for the Great West