Omaha daily bee., 1903-06-19
GLOBE BONDSMEN TO ANSWER
Supreme Court Holds that Ravsoa Has
Right to Bring Suit
FIGeTTE CASE is RtMANDED FOR TRIAL
State Labor bureau ia Receiving Lib
eFal Responses to Call for
Statistics from Merchants
and Manufacturer.
tFrom a stan CorresnondentN

From a Stan Correspondent
LINCOLN, June 1s-(special )-The offi-
eials Of the Globe Savings bank and the
Globe Lean and Trust company, with Cadet
Taylor and d. T. Mount, will have to again
6etsnd in the district court Of Douglas
codlty the suit brought sgainst them by
Arthur c. Rawson to recover upon the So
600 bond gtytn by them to meet all of the
obligations of the bank within three years
from the time of it's failure Upon the
trial Of the case in the Douglas county dis
trict court heretofore Judgment was rem
dered By the court in favor of he defend
ants upon tive claim that Rawson had no
right as an Individual to bring the action,
but that action should have been brought
In the name Of the state in behalf OF all OF
the creditors. In Its syllabus the court
says:
Where. pending an application for the ap-
pointment of receiver for a bank. under
the provisions of chapter wifi. Compiled
statutes, bond is given to procure the re-
provisions Of section IS of said chapter, and
such proceedings are dismissed and the as
sets returned, any creditor who is a bene-
ficiary OF such bond may maintain an ac-
ton at law thereon. after the condition is
broken to his damage.
Record and evidence examined, and held
that In this case the plaintiff can maintain
such an action and that the charge, "It ap-
peartng that there are other unpaid credl-
tors OF the Globe Savings bank not parties
hereto and not represented herein, and the
tain this suit il that be true. YOU ' are there there
fore Instructed TO find for the defendants"
given by the court TO the fury Is erroneous
and the piaintiff is entitled to new iu' trial.
The opinion is written by Commissioner
Glanville and Judge Sedgwick submits a
supplementary and confrmatory opinion.
FiEsite case Reversed.
The troubles Of the Figgltes must all be
fought over again in the courts OF sarpy
county II Albert J. Donahoo is to recover in
his suit against Sarah G. and Louis Figg
for alienation OF his wife's affections by
the ardor OF their peculiar religion In the
Sarpy county trial Donahoo recovered a
verdict against them for 81, 800 damages but
the supreme court has just set It aside and
ordered a new trial because one Jewett
was allowed TO serve in the seeming capa-
city OF professional juryman therein The
contention upon which the action Of the su-
preme court Is based Is explained by the
syllabus. which is as follows:
~ Is sufrclent cause OF challenge to any
person called as Juror in district court
that he has been summoned and served ns
Juror In that court at any term held
within two years prior to the time Of such
challenge was particularly aimed at what
are known as professional jurymen.
IN this case one Jewett was called as a
talesman after both parties had exhausted
their peremptory challenges and was the
IaSt Juror called. He was called by the de-
fendant The case was tried al the Merob
1902 term in Sarpy county and II appears
that he served as a talesman in April, 1901
'' Sentences Are Amrmed.
The supreme court today affirmed the ac-
tion OF the district court in Douglas county
whereby Alfred Liebscher was convicted
and sent to. the peniteutiary on a charge of
assault. The defense relied for another
hearing upon the contention that in such a
charge rv 70 a.
was done without the consent of the child,
who was ~ years old, and who was enticed
into a room In a hotel and subjected to
indignities.
1t also affirmed the verdict and sentence
of three years IN the case of Frank Ed
wards. who was sent up from York county
for assault, overcoming the contention of
the defense that the state had erred in not
having said in its complaint that his victim
was not his daughter nor his sister.
1t also affirmed the conviction and SEN
tence OF Charles Williams. known in Omaha
as George Jacobs. who got twelve years in
this county for holding up Ed Giesler.
In the case OF Joseph ]. Kellar, convicted
in Cheyenne county and sentenced to two
years in the penitentiary on a charge of
having stolen eight head of horses of the
value OF SIS. the court refused TO accept
the contention OF the defense that there was
not hx the value OF the property stolen.
The case came to the supreme court on an
application by Kellar for a writ of habeas
corpus. sued out in the Lancaster county
district court. and the supreme court held
that in q suit on habeas corpus only Juris-
dictional questions can be raised, while
the defect of the verdict was nothing more
than error.
Governor Mickey went down to Blue
a. IL 49,
league gathering. and will return in time
10 hear the appeal for executive ciemency
in the case of William Rhea, which will
come up tomorrow. Both sides OF the con-
tention will be given an opportunity to be
heard. An attorney from Mount Vernon
Ind, named Menzies will appear in behalf
of the condemned mans father, and his ap-
peal will be supplemented by others frcm
Mayor Adams Of this city and Judge LOOMS
Of Fremont
New Corporations.
The North Platte Telephone company has
filed articles OF Incorporation with a capita
stock fixed at s26,OOO. and with George T.
Field, Blanche B. Field. Leonard Dick and
Charles Temple as incorporators.
The Dorchester Farmers Cooperative
Grain and Live Stock company, comprising
w. c. Endicott, o. T. Iienshue. J. W. Car.
per- Franklin Millar and d. T. Buckingham
has filed articles Of Incorporation with ar
authorised capital of 5000.
Against n KnOtty Question.
Attorneys for the Western Travellers Ao-
eIdent association of Omaha argued all day
today In Judge Cornish's court a motion
70 instruct the jury in the case brought
against Il by Hays B. Tomson. a former
travelling man, to return verdict for
defendant The suit Is for 5000 on q
policy promising 70 pay that much fol
permanent disability resulting from acct
dental injury, The testimony showed thai
Tomson riding behind fiery team
over a country road and was badly jolted
He felt queer sensation in his head as hS
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