Omaha daily bee., 1903-01-31

Corning George w Sanders. vinton; Clyde
II. DeAcres, vinton; John C. Myers, Enox-
Vile; Fred d. Hudson, Winterset. In ad-
dition, Major Frank w Bishop OF Musca-
tine, elected to be lieutenant colonel Of the
Fifty-fourth regiment, appeared before the
board today for special examination before
being commissioned as lieutenant colonel
sheppard Monument Ordered.
Last winter the legislature authorized
the expenditure OF $500 for the erection OF
a monument to the memory OF one Charles
Sheppard. a soldier OF the revolutionary
war who lies buried in Iowa soil and whose
grave has been neglected for more than
a half century. His grave had been idcn-
tilted in the western part OF Henry county.
The Daughters Of the Revolution started
the movement to have the grave marked.
The legislature appropriated $500 and the
contract has just been let for the monu-
ment II will be a simple grantine shaft
eight and one-half feet high, surmounted
with two small cannon crossed. These lat
ter are to be supplied by the War depart
ment. The committee of the Grand Army
Of the Republic having 1t in charge will
place the monument in a cemetery near
Mount Pleasant.
school House Relocation.
An appeal case came before state Super
intendent Barrett today from Pocahontas
county, that of A. w. Ralph and others
against the School Township of Des Moines,
in relation to the relocation Of a school
house site in the school district. The ac-
tion Of the local board in making a reloca-
| tion Of the schoolhouse site was reversed
by the county superintendent and appeal
! taken to the state superintendent. f. c.
Gllchrist and o. l.. linear represented the
! plaintiffs and the Healeys of Fort Dodge
! the defendants.
New Corporations.
The following new corporation papers
/ were filed with the secretary of state to-day:
| Des Moines Printers exchange, by L. b.
Patterson and others; capital, $1,000.
! Morteith and Menlo Farmers Mutual
| Telephone company of Cass county; capi-
tai, $4,000, by John Fox and others.
| Solid Rock Oil company Of Center Point;
| capital, S11 900, by e. p. Moore and others
News has been received from the state
penitentiary at Anamosa that Philips and
Brooks, the two Buena Vista county men
who escaped the gallows to get lie SEN
| tences for murder are back again. They
were first grade men when they vera taken
| from the penitentiary for second trial aud
were put back into first grade. Phillips,
! the negro, has been put TO work in the
| prntery and Brooks in the cell hou;e. it
! is learned no effort will be made to secure
! interference with the sentence this time.
| Tried to Prove Too Much.
! The supreme court reversed a state case
| today because the county attorny al Bur
| lington, who tried the case tried to prove
! too much in his efforts to convi It. Jhis
| was the case of David Rosuum, Who was
! convicted of taking thirty-six peach trees
and FIVE apple trees from the farm Of one
! Anderson. The county attorney had in
| troduced evidence showing that ONE Wit
ness had lost some geese two years before
and had seen on the farm of the defendant
/ geese that looked like the ones re mad
lost, and other similar testimony to the
! prejudice Of the defendant The supreme
court sent it back on the ground that the
prosecutor was trying to get too nucn into
] the record.
Courts Decisions.
The following we're the decisions of the
| court today:
Stewart McFadden, appellant, against
| Town of Jewell, Hamilton county, Judge
Weaver damages for. personal injury; al
firmed; opinion by Bishop.
! Mary A. Lessenich against Warren Sell
! ers appellant, Woodbury. county Judge
| Gaynor; affirmed by Ladd.
| H. II. Harrington against Valley National
| bank, appellant, Polk county, Judge
| Holmes; affirmed, by Sherwin.
| Adeline Ashley against City of Sioux City.
appellant, woodbury. county. Judge oliver
damages for personal injury; affirmed, by
| McClain.
! G. S. Robinson, appellant, against d. Fer
| guson & Son, Pocahontas county, Judge
! Quarton; tax ferrent case; reversed, by
| Deemer.
State against David Roscum, appellant
Des Moines county. Judge Smythei re-
| versed. by Weaver.