Omaha daily bee., 1905-06-23

the decision Of the court We have con-
tended that the civil courts had no right
TO interfere until after I had prosecuted
my appeal 20 Rome. That appeal is still
pending there and has been during the
progress OF this case The decision is In
line with what / desired"
JabDke Gets New Trial.
August F. Jahnke. sentenced to the peni-
tentiary for life for the alleged murder Of
Michael sirck Of BOX Butte county, who
has already served three years Of the time.
won out in the supreme court today and
his case was remanded, the supreme court
reversing the lower court and setting aside
its own former opinion. Chief Justice Hol-
comb dissented. Jahnke was convicted
upon the testimony of one witness, one
Olson, and the case reads like fiction. Ac-
cording 10 the testimony Of Olson. he and
Jahnke made four attempts to kill sirck
before they were successful, the motive be-
ing 10 secure possession OF $500 insurance
on the life of the man.
Woman Holds Property.
The Union Pacific Railroad company can
not force Caroline weatherford, an aged
squatter, of of land which II purchased
from the city Of Omaha, by forcible entry
proceedings, but will have to try some
other tack. The woman had been living
on the land for a number Of years before
the railroad got possession of IT. She was
served with notice to move and refused
to vacate, holding that the statute Of lin
itation had run out in forcible entry pro-
ceedings and that the railroad had no more
right than the city, which should have
elected her. The court held her contention
was correct.
Preacher Gets New Trial.
The supreme court in an opinion written
by Judge Barnes decides that Philip HUI
bert, the negro preacher sentenced to six
years in the penitentiary for a statutory
| crime against Lillian Hardy, the 15-year-
old daughter Of one Of his parishioners. is
entitled to a new trial on the ground that
the information was defective, the admis-
| sion of improper testimony to the prejudice
of the defendant and that the evidence in
the record is insufficient to establish the
\ offense described In the second clause OF
/ section u of the code. 1t also appears &c
| that the state was permitted to introduce
| evidence of certain acts of the plaintiff
such as the purchase of two cocktails fol-
| the officers who arrested him, and certain
statements alleged TO have been made by
| him to that officer. none Of which cor
| roborated even tended. to corrobOratt
the evidence of the prosecutrix or impeacf
| or discredit his testimony.
The supreme court upon completing the
business of this session this morning tool
recess until September. though the mem
bers may be called together curing thu
summer on extraordinary occasions. Chic
| Justice Holcomb. who mas been in poo
health for some time will leave shortly for
| trip to the Pacific coast in order TO recup
crate. Whether he will be a candidate 70
reelection this fall the judge did not say
but laughingly replied to the question tina
| he guessed he committed suicide Whel
he wrote the opinion in the biennial elec
| tons case.
Finishing Touches on Assessment.
The State Board of Assessment put tn
finishing touches on the assessment o
railroad property this afternoon by Akin
the valuation of the Sante Fe at $25,0
or an assessed valuation of 5000. TIL
board adopted the finding provided b.
statutes and then closed UP its book.