Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-12-06

the acts. shown in the evidence must be
prosecuted.
Attorney General Brown and former
Chief Justice Sullivan will appear for the
state. Several of the attorneys for the
grain men. including Dean Roscoe Pound
OF the university law school, are expected
to appear for the defendants, who will
open sand close the argument
It is intimated that the attorneys may
conclude to submit the case on briefs. but
the state is ready TO proceed with oral
argument.
Talk of Taking Up Barker's Case.
Today Attorney Hamer and Deputy At
torney General Thompson discussed the
feasibility of taking up the Barker I'm
sanity case, which is still pending in the
Lancaster county district court Judge
Hamer instituted the proceedings the Day
before Frank Barker. the Webster county
double murderer, was to be hanged. The
court refused to assume Jurisdiction and,
after some controversy. Governor Mickey
issued a two years reprieve. The supreme
court held that the, district Judge should
have summoned a jury to pass on
Barker's sanity. Should the matter be
taken up now, its only effect would be to
cause Barker's removal to the insane
asylum, should Jury of twelve men find
him insane. The murderer spends
greater portion OF every day in hard work
within the prison walls. Since the reprieve
was granted there has been little talk
questioning his sanity.
Flag Law Case Appealed.
Attorney General Brown received notice
today that the defendants in the flag law
case, Nicholas v. Halter and Harry v.
Hayward Of Omaha. have appealed TO the
supreme court OF the United States from
the decision of the state supreme court
sustaining the validity of the enactment.
The law was sustained on the ground that
It was a legitimate exercise of the police
power. The defendants were convicted of
violating the law in having used a print
of the national flag as a beer label and
were fined 500 each under it's provisions.
Three Expert Rihemen.
In his report to Adjutant General Culver.
Lieutenant Colonel Mclaughlin, inspector
OF small arms practice in the national
guard, stated that there are three expert
rifemen in that organizations: Lieutenant
Z. II. Mullowney company M, Second
regiment, Albion; Private Harry b. Hobbs,
First regiment, Madison: Private Durward
H. Davis, company X, First regiment, Co
lumbus. These men made high scores at
800 and 1000 yards
Trying to Secure Land.
Today, in the supreme court, one of the
most peculiar land cases in the history of
the state was argued by a group of dis
tinguished Omaha lawyers. The heirs of
John Irwin, a pioneer settler of Wash
ington county, are seeking to secure pos
session of thousands of acres of valuable
farm lands decided by Irwin in 1865, thirty
eight years ago. 1t is alleged that Irwin
had been insane since 1856 and that the
deeds were void and without effect. The
grantor of the lands died in 1898 and suit
was filed within ten years under the theory
that the occupants of the lands had never
had legal title and had not acquired by
adverse possession.
When the lands were decided by Irwin,
in 1866. they were raw prairie worth but
a few dollars an acre. Now this real estate
is worth $50 and $50 an acre John c.
Gown of Omaha, one of the counsel of the
present possessors of the land denounced
the attempt In his argument, urging that
the heirs are guilty of serious laches af-
fecting their rights IL the conveyance was
not valid, since they waited for thirty
eight years to attack the validity of the
transfer.
disappointment Leads to Suicide.
Hiram C. McKelvie, travelling man for
The Omaha Bee whose home is in Lin
coin, is lingering near death tonight at the
Everett saritarium the result of dose
of some form of opiate, self administered,
this evening at the Royal hotel. He was
last seen by Clerk Carl Calvert at D. m.
staggering slightly as he went to the ele-
vator McKelvie had suffered disappoint-
ment in love. He told chambermaid yes
terday that If she would enter room 213
at p. m. the next day he would be found
dead there. She said nothing about his
remark until after he was found in this
room today Attending physicians say Nc
Kelvie has slight chance of recovery. Nc
Kelvie is % years old and son of S.
McKelvie.