Omaha daily bee., 1905-12-24
hartley BOND TACK TRIED
Directors Of Failed Capital National Bank
Ask to Have Bill Qua,hed.
SAY IT is NOT PROPERLY AUTHENTICATED
Rumor that }. ~. Aser, Political Man
Of the Burlington, viii Quit and
Retire 60 His Farm the
First of the Year.
CFrom a STAFF Correspondent

-
LINCOLN, Dec. 23-(special THE at
torneys for the plaintiffs in the suit aeains,
the directors OF the old Capital National
Dahk Tor money lost in the failure have
MED motions in the supreme court asking
mat the bills Of exceptions on which the
cases were taken to the supreme court be
quashed because OF defective Authorization
and failure to attach the exhibits The
point raised in the case Is the same as that
on which the supreme court based it's de-
clsion In the suit Of the state against the
hartley bondsmen. The bill of exceptions
In the pending suit was prepared in several
volumes and the proper certificates were
not attached to each of them by way of
authenucatlon. 1t is now urged that the
failure to properly authenticate requires
that the entire bill be quashed
The plaintiffs in the suit are the Utica
bank, the Bank of Staplehurst Jones' Ma
tonal bank OF Seward and Thomas Bailey
The list Of defendants In the original ac-
ton embraces all of the directors of the
Capital National at the time OF its failure.
including Charles f. Yates and d. E.
Thompson.
The case has been pending in the courts
Tor seven or eight years and is now before
the supreme court on the motion OF the de-
PENDANTS for a rehearing. The filing Of the
W,
there has already been a judgment OF af-
firmation for the plaintiffs and it is be-
heved that II was based on the record
which they now ask to have quashed. An
attache Of the supreme court indicated
that the quashing Of the bill OF exceptions
might affect the decision and make it nee
essary to write new one based on the
transcript of the pleadings without the ev-
idence.
VIII Aver Leave BurIinEtonf
story is current in political circles that
J. II. Ager will leave the political DEPART
ment OF the Burlington and retire to his
farm In Wisconsin. II is stated that he
VIII leave the political department of the
road the first Of the year, after fourteen
years OF service as a legislative lobbyist.
Local politicians give Ager credit for tho
adoption of a new method of directing af-
fairs without the use of DOODLE and he is
accounted responsible for the removal OF
the old gang of professional lobbyists from
the statehouse. At one time Aver looked
after the interests OF all the railways The
statement was made by persons close 10
him that he had been contemplating retire.
ment at the first of the year, but that he
may remain longer. 1t is intimated the DO
ltical interests OF the Burlington may keep
him in the harness for some time longer.
Along with the talk that Aver is likely
to drop out of the ranks of railway politi-
cal agents If a story to the effect that
the Burlington will abolish passes over tho
entire system, following the example of the
pennsylvania and other eastern roads.
No Blame Attached to Greene.
State officials who have talked to S,,-
perintendent Greene concerning the acci-
dent which resulted in the death OF Mrs
Julia Maly of South Omaha say that the
officials of that institution were not to
blame. The woman was lined UP with the
other inmates when a sudden impulse
seized her and before the attendants could
interfere she had climbed out on the fire
escape at the third story and jumped to
the ground Her death was due to par
alysis induced by a fracture OF the spine.
The asylum authorities make an effort
20 keep all of the windows closed to pre-
vent any efforts of patients to throw
themselves out, but in this instance there
happened to be one open within reach of
the woman. Land Commissioner Eaton be-
lieves that the accident was wholly un-
avoidable.
Sue for Burglars Money,
Today the Aetna Indemnity company
filed suit in the district court against
City Detective Malone and Chief of Police
Cooper and three OF the men recently ar
rested for the Chapman bank robbery for
N,H4l2 taken from the persons of the
suspects. The plaintiff charges that It had
issued an indemnity policy to the Chap
man bank insuring 1t against loss by
burglary and that on November q the
bank was robbed of $2,475 which the in
surance company was obliged to pay The
petition alleges the arrest of the men.
November 20. by Detective Malone. who
found the amount sued for on the per-
sons of the men. This money 1t alleges,
is now In the possession OF the chief of
police and the city detective and II de-
mands that the sum be turned over 10
recoup the company for the amount paid
on the indemnity bond. The police
officials have been holding the
money pending some action by the court
making disposition OF it. in order to secure
their claim for $500 reward offered for the
capture OF the men, and the suit brought