Omaha daily bee., 1902-11-20

0E " u respondent bhNNrs
The whole question hinges on whether Val.
ley county had 5000 population November
Z. 1899. when Davis was elected clerk OF
the district court. Taking the census re-
ports and the vote cast for president in
1900. the court holds that the population
fell short OF 5000 at the time Of the cleo
tion. The evidence is found to sustain the
report OF the referee. At the same time the
court holds unconstitutional the act OF
1901, providing for clerks Of district courts
in counties having more than 5000 popula-
tion, because Il failed recently to receive
on it's final passage in the house a consti-
t~utional majority Of the members Of that
body.
Lemue r. Goldsberry, Guy Goldsberry
and Melvin Goldsberry, residents Of Au-
burn, Nemaha county. we're convicted Of
having received four horses and one mule
stolen in Missouri from various parties,
knowing them to have been stolen. 1t
appears that an accomplished horse thief
named White furnished the testimony upon
which they we're convicted. The first
named was sentenced to ten years. Guy
to four and Melvin to two years in the
penitentlary. This judgment is reversed
and the Gaze is remanded for a new trial
for error committed by the court in taking
away from the jury the question OF fraudu-
lent intent and authorizing II to find the
defendants guilty without finding that the
intent charged was proved by the evidence
beyond a reasonable doubt. Although
said the court, there is much reason to
suppose the result OF the trial would have
been the same II the case had been SUBJ
mitted under proper instruction"
VIII Contest Begun.
Before Judge Frost in district court to-
day was begun the hearing Of a will contest
In which the Catholic church is an inter-
ested party. When Mrs. Mary A. Bentley,
a devout Catholic, died a year and a half
ago, she cut off her adopted son, Constable
w. A. Bentley, with but $40. while the
remainder OF her $1,000 estate went to
Bishop Bonacum and the German Catholic
church OF this city. The son contests on
the ground that various priests and on
Gals Of the church influenced his mother
against him and in favor Of the church.
Insurance Company Wins.
Judge Cornish in district court today
ordered the jury to find a verdict for de-
PENDANT in the case Of Kate King against
the Knights Templar and Masons' Indem-
nifty association. The case turned on a
point Of law. A provision in the policy
was that II a member did not pay the agent
on the first of the month he was sus-
pended and could not be reinstated until
his money reached the home ONCE at
Chicago. II he was alive when 1t got
there he was again in good standing. In
this case the friends Of the dying man
raised the money to pay his assessment
while he was in extremity, but the money
did not get to Chicago until after he had
died. The company refused to pay. An
effort was made to prove waiver by the
fact that the local agent had previously
accepted money after the first, but the
court held the facts did not establish
agency.
Lost His Prisoner.
A very disguised lot Of penitentiary ON
cials and local policemen greeted sherin
Klum Of Hamilton county when he got
of the train this morning with his pris-
oner, Fred L. Denny, for whom he had
gone to Minneapolis, missing. He said
Denny eluded him at Abba, Ia. The peni-
Tertiary ~oficials say that on the other
side OF Abba the man, who was manacled
to the sheriff, got permission to remove
them while he went to the closet. Inc
sheriff sat in a seat waiting for aim 10
return. II was late at night and he fell
asleep. When he woke up he was past
Abba, and Denny was gone. Then he came
| TIKHI OIL W kCAl
Il. Malone had located Denny and the
prison ~oacials wanted him because he was
a missing witness in the opium smuggling
case that had to be dropped because OF
Denny's skipping out.
darlington swItchmen Get Increase.
BurlinRtou switchmen received notice to-
day that they will at once receive an IN
crease Of pay, the same as is now being
- - NANa.a I aaf GnnfamhnF IhRY got
a boost in salary. and the new increase
was a pleasant surprise, although 1t had
been asked for. Figuring on a ten-hour
basis Of twenty-six days to the month, the
following rate is in effect: Day foremen,
former scale $40. now 5000; day helpers
from ;65 to s74.sO; night foremen, from
$50 to $3.50: night helpers, from $40 to S7S.
Republican PIuralitIes.
Complete returns from the recent cleo
ton have been received at the state house
and the tabulation has been finished. The
plurallties for the republican candidates
on the state ticket are: Mickey, $685.
Weston, 1s.4s7; Follmer, 1920; Fowler
I6, 272; Marsh, 13,0s4: Prout, 1909; Nor
|, tensen, Its; McGilton. 1871.
Supreme Court Proceedings.
The following business was transacted
in the supreme court:
Rieschick against Reiger, leave to plain
tin In error to f'e briefs; Tunniclin agains
) Fox, motion to strike briefs of Stella NJ
? Stoddart and Paxton G. Stoddart over
ruled; Farmers ard Manufacturers lnsur
ance Company against Collins, motion tC
) dismiss petition In error overruled; Bu
channan against Saunders County. motion
TO strike appellants briefs overruled. mo
ticn to afirm overruled; Fifer agafns
Burch. motion for leave to supply RECORD
sustained; First National Bank of Colum
bus against State ex rel O'Brien, service o
m in error quashed. alias summons
? directed to issue, leave to plaintiff in erro
!, TO attach transcript and bill OF exception
to petition In error: Parker against Parker
) objections to jurisdiction sustained; Banl
of Miller against Richmon, rehearing al
lowed: Clifford against Fox, rehearing de
MED; Hoffman against American EXchang,
National Bank, motion to strike motion
| for rehearing sustained, motion for rehear
ing oVerruled, mandate ordered lost; Fox
> worthy against Colby, rehearirg denied