davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1905-07-14

Nebraska against Edward Rosewater. 1t
is not the duty of the county attorney and
never was and never will be- to ask a
complaining witness as to what disposition
he shall make of case nor shall the wit
ness dictate what shall be done. On such
witness rests no responsibility to the state,
and / shall not today, for the first time
in the history Of this county, or state so
far as 1 know, aid in establishing prece-
dent of permitting a complaining witness
to come into court and dictate what the
county attorney shall do. If he can do
that so can any witness or any person."
Omaha daily bee., 1905-07-14

the match. Mrs. Doran wanted to know
II her husbands mother could do this and
Deputy Hardesty advised her to consult an
attorney. At the time Mrs. Doran made
a remark which passed unnoticed, but
which appears somewhat significant She
said: 'If Barney's mother wants to send
him to the penitentiary, can help her and
l don't know but what I would" When
asked yesterday what she meant by this re-
mark Mrs. Doran said she referred to her
husband making a false statement about
his age when he secured the marriage
license.
Omaha daily bee., 1905-07-14
one Dollar Saved Represents Ten Dol.
lars Earned.

The average man does not save to exceed
10 per cent of his earnings. He must spend
nine dollars in living expenses for every
dollar saved. That being the case he can
not be too careful about unnecessary ex-
penses. Very often few cents properly in
vested, like buying seeds for his garden,
win save several dollars outlay later on. II
is the same in buying Chamberlain's Collie
Cholera and Diarrhoae Remedy. II costs
but few cents, and a bottle OF 1t in the
house often saves doctors bill Of several
dollars
Omaha daily bee., 1905-07-14

"Before l wrote to you, telling you how
talt, / had doctored for over two years steady
aud spent lots Of money ON medicines besides,
but 1t all failed 70 help me. My monthly pe-
RODS had CEASED and suffered much pain,
with fainting spells, headache, backache and
bearing-dOwn pains, and / was 80 weak
could hardly keep around. As last resort
decided 10 write you and try Lydia Il. Pink
hams Vegetable Compound, and i am 50
thankful that 1 did, for after following your
instructions, which you sent me free OF all
charge, my monthly periods started I am
regular and Ia perfect health. Had IL not
been for you ] would be IN my grave to-day,
II sincerely trust that this letter may lead
every suffering woman In the country 10
write you for help as l did,
When women are troubled with ir-
regular or painful menstruation, weak
ness, leucorrhea, displacement or ul-
y eeration of the womb, that bearing
down feeling, Inflammation of the ova-
res, oackache, fiatulenee, general de-
oulty' indigestion and nervous prostra-
uOh, they should remember there Is
3ne 1l tried and true remedy. Lydia e,
rlnkham's Vegetable Compound at once
removes such troubles.
NO other female medicine In the world
mas received such widespread and un-
Sututes
Mrs Piukham invites all sick women
40 ~ write her for sdviee. She has guided
NJ TUuSAnds TO health. Address, Lynn,
Omaha daily bee., 1905-07-14
.The Line ssautifuI."

Lehigh Valley railroad. Delightful route
to New York. Philadelphia and Atlantic
coast resorts. Five through trains daily
Dining cars, a la carte. Connects at Buff
falo and Niagara Falls with all trains from
the west.
For time tables and descriptive matter
address George FADE, Jr.. Western Passen-
Eer Agent. 21s South Clark S.. Chicago. Ill
Omaha daily bee., 1905-07-14

Three Ways to Go to New York. gives
an idea of what can be accomplished by
a great railroad and two steamboat lines.
Here is a variety whose every prospect
pleases. A copy will be sent Free post
paid, to any address, on receipt of 2-cent
stamp, by George II. Daniels, General
Passenger Agent, New York Central g.
Hudson River Railroad. Grand Central Sta
ton, New York.
Omaha daily bee., 1905-07-14
New Mercbant TAILOR.

Charles w. Wedeu, % years with William
Smith Co. and years with Frank j.
Range, recognized as one of the leading
cutters of the west, will open a first class
tailor shop in the Orpheum Theater bldg,
cor. 18th and Harney, about August 10,
with a new and up-to-date line of woolens.
Omaha daily bee., 1905-07-14
Cnrd of ThnnIkH.

We desire to thank the pallbearers our
friends in the Boston store also other
friends and neighbors for their kindness
and sympathy shown during the sickness
and death of our beloved son and brother.
MIR. AND MRS. FRANK KAMMERER
AND CHILDREN.
Omaha daily bee., 1905-07-14
Notice!

Wabash Railroad company has reduced
one way rates from Omaha and Chicago TO
many eastern points. For all information
call at Wabash city office, 1901 Farnam
street or address Harry E. Moores, G.. A.
p. d. Wabash r. r., Omaha, Neb.
Omaha daily bee., 1905-07-14
A MiracuIouH Escape

from bleding tn death had A. Pinske,
Nashotah, Wis, who healed his wound
with Bucklen's Arnica Salve sc. For
sale by Sherman & Mcconnell Drug Co.
Omaha daily bee., 1905-07-14
Grand Picnic.

The Brotherhood OF Railway Trainmen
will give its first annual picnic at Platts-
mouth. Sunday. July i6 Prizes to be given
for the event may be seen In the windows
OF the Nebraska Clothing company. Trains
leave Webster Street depot. via Missouri
Pacific. at a. m. Tickets maS be procured
from the committee at the depot Round
trip, 81; children under II 50 cents.
Omaha daily bee., 1905-07-14
HIT SAVED MY LIFE"
PRAISE FOR A FAMOUS MEDICINE
Mrs. WIIIadsen Tells How She Tried Lydia
E. PInkham's VesstabIS Compound Just
In Time.

Mrs. T. O. Willadsen, of Manning,
Iowa, writes TO Mrs. Pinkham:
Dear Mrs Pinkham -
"I can truly say that you have saved my
life, and cannot express my gratitude 70
You In words
Omaha daily bee., 1905-07-14
PHENOMENAL CLOTHING DEAL.
J. l.. Brandeis a sons Oher for Sale
Entire surplus stock of Hirsh-
Wickwtre a Co., Chicago.

$25 SUITS AT $40 SATURDAY.
Omaha men with taste for stylish cloth
ing will realize the big opportunities in this
sale. Hundreds of mems hand-tsilored and
hand-ftted suits from the famous house OF
Hirsh-W -Wickwire & Co. known from coast
TO coast for its matchless garments Cloth
ing to be compared only to the hnest mer-
chant tailored apparel SATURDAY YOU
HAVE YOUR CHOICE OF THESE FINE
so AND SIS SUITS AT $40
J. L. BRANDEIs & SONS,
Props. Boston Store.
Omaha daily bee., 1905-07-14
DAY WOULD NOLLE THE CASE
District Court Judge InolineS to slabsughr
Motion to Dismiss.
CONSENTS TO FURTHER CONSIDERATION
County Attorney says MahOney Has
No Grounds TO warrant Conyic-
tion of Edward ROsewater
for Criminal Libel.

Argument was heard by Judge Day
Thursday morning on the motion Of County
Attorney Slabaugh tc dismiss the case Of
State against Edward Rosewater on COM
plant of T. j. Mahoney for alleged Grim
inal libel. The court said If 1t was neces-
sary to decide the question at once he
would sustain the motion Of the county at
torney, but, since opposition was offered.
he would take the matter under advisement
for time in order to give opportunity for
the presentation of authorities by w. F.
Gurley, attorney for the prosecuting wit
ness.
The court also said that as a matter OF
ordinary procedure he would not have hes
itated to act on the recommendation Of the
county attorney that the case be nolled.
Under the circumstances, however, he had
thought best to allow the complaining wit
ness to have a chance to be heard in the
matter
Mr. Gurley filed a formal protest against
the dismissal and rendered. on behalf OF
Mr. Mahoney the services Of special coun-
sci (himself) without expense TO the county.
He then went on TO say that the article
complained of was considered by Mr.. Ma
honey as having charged him with appro-
priation Of funds to which he had no right.
He quoted several decisions to sustain the
demand for the appointment of a special
prosecutor.
Judge Day could not reconcile the au-
thorities quoted by Mr.. Gurey with the
provisions OF the Nebraska statute. After
second explanation by Mr.. Gurley the
court said:
Omaha daily bee., 1905-07-14
BANKS TO UNITE THIS MONTH
Three Big Institutions Become One Twenty.
Fourth Of July,
ACCOUNTS TRANSFERRED TWO DAYS PRIOR
All Expense Incurred by Customers
in Providing New Draft and
Check Blanks VIII
be Paid.

Notices have been sent to the depositUrs
in the Union National, the United States
National and the Commercial National
banks that beginning with the oath inst,
the business of the three consolidated in
stitutions will be conducted under the title
of United States National Bank of Omaha.
The capital is $4,000 and the surplus
100000.
On the evening of July % the balances of
all accounts in the three banks will be
transferred to the new bank and any drafts
drawn after that date also will be drawn
on the new institution. Any expense In
CURED by customers in providing new draft
and check blanks is to be cared for by the
bank. Rubber stamps for various purposes
also are to be furnished customers.
The officers of the new United States
National Bank Of Omaha also have sent
out a circular calling attention to their en-
larged facilities and to the location at Six
teenth and Farnam in the building of the
old Commercial National Not only are old
customers promised courteous attention,
but the smaller accounts of individuals are
solicited and to have the personal attention
OF Vice President Caldwell. The retention
OF nearly all the officers and attaches of
the three consolidated banks is dwelt on
to call and get better acquainted with the
merits of the new deal.
Exact Terms Sttn Indefinite.
Information concerning the exact details
OF the merger still lack dehniteness, al
though 1t is settled beyond doubt that the
arrangements outlined in the original mer-
ger agreement will be carried through
without a hitch. 1t is fairly understood
that Of the additional capitalization of the
new bank. amounting to 100000, 100000 is
to be allotted to subscriptions from stock
holders from the Union National bank and
100000 to those of the Commercial Ma
tional bank, the price being given at $50
There is talk also that some of the stock
holders OF the banks to be liquidated were
brought around to the proposition by out
right purchases of their stock at satisfac-
tory figures The personnel OF the Office
force Of the new bank has not yet been
given out beyond the officers and depart
ment heads, but will be made up from the
clerical employees of the three banks
Omaha daily bee., 1905-07-14

ss-K wedding rings. EdhOlm. Isweler.
Omaha daily bee., 1905-07-14
No LernI Disability.

II am sorry that have not yet got the
light l have been looking for. The county
attorney in this case does not ask for spe-
cial counsel, has said in open court he
does not want any assistance. Our statute
contempates the appointment NJ such
counsel in case of absence, sickness or dis
ability. l have always taken the term
disability as used in our statute TO mean
legal disability in a case which the court
thought ought to be prosecuted. In this
case the county attorney is hero present,
is not sick, and usually has the right to
decide from his own information whether
or not he will prosecute a case. 1
will give this matter some further consider
alton and in the meantime counsel may
present any authorities he considers in
point"
Mr.. GuTley said he did not want the i'm.
preston to go out over the sta.e that
Mr.. Mahoney's complaint was a bluf. lie
insisted 1t was not bluff.
County Attorney Sabaugh said to tile
court:
Il am entirely without feeling in this
matter, one way or the other. What has
| been done in this case is done every day
and is the customary thing when in the
judgment of the county attorney there is
| nothing in the complaint or evidence to
warrant the hope of conviction
Omaha daily bee., 1905-07-14

Harry b. Davis. undertakes. Tel l22G
Omaha daily bee., 1905-07-14
Drops Significant Remark.

Last Tuesday Mrs. Doran called at the
office Of the clerk OF the district court and
to Deputy Clerk Hardesty she said that
young Doran's mother was giving her
trouble, as she had threatened to take
Nteps TO have the marriage annulled on
i be grounds that her son was not quite
y years of age and she was opposed to
Omaha daily bee., 1905-07-14
No Hope of n Verdict

Il have asked the court to dismiss this
because in my Judgment L do not believe
a case is charged, and because do not be-
lieve that under the law and the evidence
the state can convict the defendant; and
so believing do not feel justified In put
ting this county to an unjustinable expense
In attempting to do what 1 believe cannot
be done, and in using the state of Ne
braska for an unauthorized purpose.
Il have stated my reasons to the court
for the dismissal of the case. have done
my whole duty in the case and more. than
my duty. 1 shall treat this case as would
any other case. am the only person, 1
believe, who. as deputy county attorney,
or as county attorney, has ever prosecuted
editors of our Omaha daily papers. 1 aid
it fearlessly and as a duty and l believe
they so recognized IT. And I mention this
here because of some unjust charges that
have been made against me recently. When
deputy county attorney years ago 1 prose-
cuted the editor of the World Herald for
advertising a lottery, and after the states
evidence was in the jury was instructed to
find for the defendant on the ground that
the law was unconstitutional.
Il about the same time prosecuted the
editor of The Bee for libel on Sheriff Ben
nett, and in the dispute as to what judge
should try the case, It was by the court
dismissed. also prosecuted another editor
for libel and secured a conviction and the
supreme court reversed the case.
Omaha daily bee., 1905-07-14
Difficult to Convict.

Even in strong case the extreme PEN
atty of imprisonment in the penitentiary
one to three years II found guilty in cases
of libel by publication in a newspaper
makes it quite dificult to secure a convic-
tion.
MY deputy. Mr Shotwell, and recently
prosecuted the defendant for libel on K. B.
Howell. 1t was a stronger case in my
opinion than this-we carefully and Wig
orously prosecuted the case, as the record
will show. and as the court and jury ana
all who witnessed the case know, and the
jury of fair and unbiased men, found tor
the defendant
Il am not afraid to do my duty by prose-
cutting or refusing to prosecute, and I be-
lieve this procedure today is unjustihed
contrary to law and public policy. / can
not understand the motive behind II. I
have announced my request to the court
and 1t is for the court to do as It thinks
best. II the court says that 1 shall prose-
cute this case I shall do so, and II the
court thinks that special counsel should
assist, 1 have no objection. AS / am county
attorney and am responsible to the state for
my conduct, shall have charge of the case
on the part OF the state.
Omaha daily bee., 1905-07-14
Surprised at Procedure.

II am surprised at this procedure, and
appear simply on request of the court AS
the representative of the state l shall enter
into no controversy with any individual as
to my duties in this case. Under the law
Of this state the prosecuting attorney has
complete control of a criminal case so far
Gs the state IS concerned His duty is to
prosecute for crime II In his judgment the
law and the evidence warrant. and It is
equally his duty to not prosecute II in his
Judgment the law and the evidence do not
warrant Il.
"Ex-Chief Justice Maxwell, in his crimi-
nal procedure, lays down a rule as to his
duties that in spirit should control his con-
duct as the representative of ths state and
its people in the prosecution Of one Of its
citizens. He says:
The utmost care should be taken by
him (the county attorney TO see that the
charge is well founded before any prose-
cution is instituted. 1t is 10 be feared
that, particularly in states whe4e the grand
jury system still prevails. from want OF
opportunity no doubt. this matter Is over
looked. No greater wrong can be done
an innocent person than 20 accuse him OF
an offense Of which he is not guilty
And whoever represents the state, be
he county attorney or special attorney,
! should l believe, be guided by this rule
of conduct. This case was brought In No
vember. 1904, without consulting my prede-
article alleged TO be ibelous was pub
lished in July, 1904
The title Of the case Is The State Of
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1905-05-05
A Great Discovery.

Clayton, Tex, May Especially
That genuine cure for Diabetes
has been discovered is the opinion of
Mr.. j. H. Bailey of this place. Speak
Ing of the matter, Mr.. Bailey says:
Il believe Dodd's Kidney Pills Is
the best remedy for Diabetes and the
only one that has ever been discover
ed that will cure Diabetes.
Il have genuine case of Diabetes.
have taken seven boxes of Dodd's
Kidney Pills and am still taking them.
They have helped me so much that
am now up and able to work some. l
believe that If | had conformed strict
ly to Diabetes diet would now have
been completely cured"
Dodd's Kidney Pills have cured hun.
dreds of cases of Diabetes and never
once failed 1t is an old saying that
what will cure Diabetes will cure any
form of Kidney Disease and that's
just exactly what Dodd's Kidney Pills
do. They cure all kidney diseases
from Backache to Bright's Disease.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1905-05-05
TWO Trains Derailed and Roll Down
the Embankment.

Winnipeg. Man.-Two firemen have
been killed and five passengers were
injured In collision between the
trans-continental Canadian Pacific
passenger train and a freight train
near Revelstoke Both trains were
derailed and went down the cmnank-
ment That no passengers were killed
was due 10 the fact that there were
several empty passenger coaches be-
tween the engine and the regular pas
senger coaches.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1905-05-05
FILLING STRIKERS PLACES.
Famer Boys Being Taken to Chicago
and Used as Strike Breakers.

Chicago.TConditions in the team
sters' strike were worse Monday than
at any preceding time The strikers
were in more ugly mood, the rioting
was more open and vicious, and the
attacks on non-union men were more
frequent and daring than at any time
since the commencement of the
trouble. The chief cause for the in
creased belligerency on the part of
the strikers and their friends is laid to
the fact that the Employers Teaming
association had brought 1900 men into
the city to take their places and 500
more are said to be now on the way.
These men will receive the full pay of
union men and 1t has been guaranteed
to them that their positions will be
permanent. Among them are 200 far
mer boys from all the surrounding
states who have volunteered their SER
vices and sought positions as drivers.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1905-05-05
ECZEMA FOR TWO YEARS.
Little GirIs Awful Suffering With Ter
ribIe Skin Humor-SIeepless
Nights for Mother-Speedy
Cure by Cuticura.

my little girl had been suffering
for two years from eczema, and dur
ing that time could not get nights
sleep, as her ailment was very severe.
had tried so many remedies, deriv-
ing no benefit, had given up all hope.
But as a last resort was persuaded
tc' try Cuticura. and one box of the
Ointment and two bottles of the Re-
solvent. together with the Soap, eff
tected a permanent cure.-Mrs. /. B.
Jones, Addington, Ind. T."
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1905-05-05
FIRST AsToR AND THE POET.
HaIleck's Humorous Observation Inn
pressed Wealthy Man.

John Jacob Astor and his son rigid
ly attended to business In the same
ofice-a little one-story building in
Prince street, just east of Broadway.
Their constant companion there was
Fftz-Greene Halleck-Marco Bozzaris
Halleck. Halleck became a clerk for
Astor in 1882 and worked seventeen
years. The employment, he himself
said, was not profitable but perma-
nent." Astor warned him when he
began not to talk to anyone Of his
wealth. The two men became great
friends. Halleck spent months with
his patron at his country seat and be-
came one of the trustees Of the AS
tor library. The poet frequently raj
lied the old man on his wealth. Why,
Mr.. Aston" he would say, "if | had
5000 year and was sure of 1t would
be content" The great landowner
took him at his word, and in his will,
much to the amusement Of Bohemian
New York, left Halleck an annuity of
$200.-Burton j. Hendrick in Nc
Clure's.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1905-05-05
eoat capslzed in squaII.

Los Angeles.-Joseph Zimmerman.
"a years of age, a well known florist
of Ocean Park, recently from Pitts
burg, Pa, has lost his life, and party
of five prominent people who accom-
panied him narrowly escaped death
from drowning through the capsizing
of small sail boat at San Pedro. The
boat was struck by sudden squat
and capsized. Zimmerman attempted
to swim TO land. but sank before he
reached 1t. The others chung TO TIE
boat and were rescued
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1905-05-05
Torpedo Boat Destroyer Wrecked
During Sham Battle.

cork.-During a torpedo attack at
Berehaven, the torpedo boat destroyer
Syren ran on a reef at the eastern
entrance Of the harbor and remains
on the rocks with her back broken.
The syrea was steaming at the rate
OF swenty-six knots an hour when she
was wrecked. Her crew were taken
on BY the other vessels OF the fIotilla
and her guns and stores are being
saved. There is no hope OF saving the
Syren.
Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1905-05-05
Murdered Woman for Twelve Dollars

New York Edward Pakerz, a Bo-
hemian, aged 20. was arrested for the
murder Of Mrs. Sarah Rosenberg,
whose body with the head beaten in
was found at her home last Saturday
The woman. who was 10 years of age,
had been dead several days. Pakerz
formerly boarded with the woman. The
police say that he had admitted killing
Mrs. Rosenberg for the money she
had in the house. He believed she
had considerable sum. but he found
only s12.