davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20
SUPREME COURT SYLliBl

In the supreme court OF the state OF
Nebraska the following opinions were
filed October I, 1906:
1925. Union Pacific Railroad company
against Cp1nnnolly.: Error Douglas. Al
l. A verdict Is the unanimous decision
made by jury and reported to the court,
on the matters lawfully submitted to
them In the course of the trial of a cause
ana under our practice must be in writ
Ing and signed by the foreman.
2. mere statement by the foreman in
open court that the jury have agreed,
without stating the nature OF the decision
they had agreed upon, is not verdict.
., on the trial of cause, where two
parties were Joined as defendants, the
Jury were called into court and asked If
they had agreed upon a verdict: the fore
man answered that they had agreed as to
one of the defendants, naming him, but
not as TO the other, not stating the nature
or their decision; the court expressed a
doubt as to its right TO receive q YER
dlct as 10 one defendant without a verdict
as TO both, and asked counsel for Sug-
Sestionsi receiving no response, IL dis
charged the jury without receiving a
verdict as to either defendant no obJec-
ton was made or exception taken 10 such
course. Held: That the error, If any,
was waived.
4. After the jury were discharged the
foreman delivered a package of papers to
the bailiff, who in turn delivered them to
the court; among the papers was what
purported to be verdict in favor OF one
.
IL was delivered at time and under
such circumstances as TO afford no oppor-
tunity TO poll the :aIy or apply the
ordinary tests to determine whether IL
was the unanimous decision of the Jury.
Held: The trial court promptly refused
10 treat the paper purportlng to be a
verdict as the verdict OF the jury.
.. Where railroad company for many
years has permitted the public without
objection 10 cross its tracks al a certain
point, not in itself a public crossing, IL
owes the duty OF responsible care towards
nose using such crossing, and whether
such care has been exercised Is ordinarily
question Tor the jury.
.. The mere fact that warning OF the ap-
preach OF a freight train, or portion Of a
freight train, backing upon and over such
crossing. was given by ringing the bell and
snow that the defendant company had dis
charged its full duty to those using the
crossing; whether In view on the time.
place and circumstances, further precau-
tons were required is, ordinarily, a ques-
ton for the jury
l. That the crossing was located in a
populous district and over a system OF
tracks and switches within the corpora e
limits OF a city. that 1t was in common
use day and night by a large number Of
people; that such use had been so extensive
and long continued that the defendant COM
pany was chargeable with notice Of IL,
that A portion of a freight train was
backed upon and over the crossing with
out displaying any lights on the rear car.
or having any person stationed on such
ear, or az the crossing 20 give warning 81
its approach. would warrant the inference
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20
WOOL MEN WIN DAMAGE SUIT
SHERMAN Brothers Get Decision In
EIeven-Thoussnd-D Action
In Federal Court.

A verdict has just been rendered at the
session of the United States circuit court
at Lincoln in the case of Ferdinand Sill
herman and others against the Northwest
ern State bank of Weston Springs In
favor OF SHERMAN and others for S11.-
1910 for damages growing out OF a wool
transaction. at Hay Springs in April, 1905
The amount OF wool involved was $500
packages, which had been bought by the
SHERMAN Bros. OF Chicago and loaded
into cars on the Northwestern road for
shipment to Chicago at IS cents per pound
The bank at Weston, through which the
transaction was being negotiated, did not
have sufficient cash on hand TO meet the
full payment of the SHERMAN draft toI
the consignment OF wool, and in the III.
term OF settling the final transactions be-
tween the SHERMAN Bros. and the bank
one OF the brokers at Hay Springs rssod
the wool TO other parties. with which the
Northwestern State bank was interested
and the bank brought a suit In repievin
TO recover the wool from the slberman
Bros. A suit in injunction was Instituted
by the SHERMAN Bros. in United States
court against the bank and an additional
suit for damages also was filed. and this
latter suit is the one Just settled by q
verdict for the silbermans at Lincoln.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20
UNION PACIFIC NIGHT TRAIN
Hartman Line Plans for Late Passenger
y to Accommodate Patrons.
WILL HELP OMAHA AND THE COUNTRY
Commercial Club Working for This
Train, which Would be Great
Advantage 10 All
Interests.
WILL HELP OMAHA AND THE COUNTRY

Plans are being considered by the Union
Pacific to give their patrons train out OF
Omaha about midnight. The benefits OF
this new train are apparent and the COM
Inercial interests Of the city have worked
for years for Just such train which would
give the people of the state an opportunity
10 come to the metropolis 20 do their shop
ping, remain to the theaters and return
the same evening. AS IL now is, the late
train leaves Omaha before o'clock, giving
but a short time in the city without re-
naming all night
THE late train would have a great many
advantages" said prominent official.
People could remain to the theaters and
L<his would be an extra inducement for
more to come to Omaha TO shop. Many
trains arrive from the east in the, evening
and people now have 10 remain until the
morning trains, and these could continue
their Journey the same night with a train
leaving Omaha about midnight. No doubt
when more motor cars are built dummy
service will be established on the Union
Pacific"
work on Double Tracks.
Work Is progressing nicely on the double
tracking between Lane and Valley. the
track between Waterloo and Valley being
now in use and the other work being
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20
GILLIAN GETS THE WILD WEST
Manager of Auditorium Closes Con-
tract with Miller Bros, for
Their Famous show.

j. NJ. Gillian. manager of the Auditorium,
has returned from Kansas City, where he
secured a contract with the Miller Bros. TO
bring their famous wild west show to the
Auditorium for the week following the
Horse show. As the show will exhibit in
Kansas City Sunday, IL will be impossible
TO open in Omaha until Tuesday night.
This is the famous troupe from Miller Bros
iOl ranch in Oklahoma. They are not IN
the show business, but simply have their
cowboys and Indians out for little vaca-
ton. When the show was first put on at
the ranch 10000 people Witnessed the per-
Torrance. feature of the show is a
T-year-old girl riding the widest broncho.
Settlers crossing the plains in schooners
are attacked by Indians and the wagon
burned after the settlers are killed.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20
NUS c AEo MUSICIANS.

(a) "Alemande, prelude to suite in C
minor; (b) Perpetual Motion.
Robert Cuscadcn. FRANZ MES
Recitatlf ct Air d. oedipe Colone,
opera de saechini n7S6).
Mr. Ellis.
Carmen Fantasia. .................J. Hubay
Robert Cuscaden.
Ciaseun 10 dice La Figlia Del Reg.
s'r'e"'o Mrs. Turner 'o"'Ae''
I6} The Herb q Forsetfulness. Won FI sit;
ts) serenade ...4.............A. d'Ambrosio
ib) Dance Of the Elves, Popper-Halir
Robert Cuscaden.
o. Songs My Mother Taught Me. .DyoraR
(e) Twas April u 6oy T,, resTeso''''''Nevin
Duet--I0 Viyo. 4 T'amo. .......... Campana
MIS-. Turner and Mr.. Ellis.
The above program was given last night
at the new Schneider & Mueller recital
hall. It would be fine thing for musical
Omaha II such entertainments could be
given often. 1t was consistent and artistic
throughout, and the artists who took part
are to be commended for their sincerity
and true scholarly feeling goodly au-
dience was present and showed its appre-
citation in applause and a general warmth
of demeanor.
Inc hrst part or the evening was de-
voted TO music of the strictly classical and
difficult order. Mr.. Cuscaden opened with
the prelude TO the G. minor Franz Ries,
suite, which he played with broad tone.
and much feeling. His higher numbers.
especially the Pepper Dance OF the Elves, g
was received with great enthusiasm. Mr..
Cuscaden has a sure technique and con-
ident manner of playing which is most
satisfying, Mr.. Ellis was at his best in
his first number and the Sands o. Dee %
In the latter he did some exquisite work
I'm head tones. He is on the right track.
He has a good idea OF values which he
should pursue.
Mrs. Turner was heard TO the best ad-
vantage IN Songs NY Mother Taught
Me" Dvorak, and Griegs Sunshine Song
Nine. VOLUNTEERING was the accompanist
and bore her share Of the work nobly,
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20

Of negligence on the part of the company
operating the train, although the bell was
rung and whistle sounded.
s. Evidence examined and, Held: Suthcient
TO sustain a finding that plaintiff was in
1ured as proximate result OF a failure on
the part of the defendant company to- give
due warning of the approach of train
backing upon and over such crossing, and
that the plaintiff was not guilty OF con-
tributory negligence.
O. Where contributory negligence Is re-
lied upon a defense, II is error to in
struct the jury that where negligence on
in making his case the burden of proof is
upon him TO show that he was not guilty
Of contributory negligence; but as 10 the
defendant il is error without prejudice.
TO- An instruction which states that II is
| the duty OF a person at railway crossing
70 look and listen for approaching trains
Is not erroneous because Of the omission to
state the direction in which such person
| is required to look, especially when more
! specific instruction is not asked by the
ii. Where the entire answer OF a witness
70 a question is excluded. but substantially
| the same. matter, so far as competent, is
received in answer 10 a subsequent CUES
| ton, the error in excluding the former
answer, II any. Is cured.
| u, Certain evidence rendered by the de-
| PENDANTS examined and, Held: properly ex-
10. On the facts stated. Held That a YER
dict OF 81. 800 as damages for an injury
resulting in the amputation OF both legs
about I'VE inches below the knee is not eN-
1883, Lincoln Traction company against
/ Brookover. Error Lancaster. Reversed
| and Temanded Epperson. C. Division
j. In an action for damages against
| a street railway company for a personal
| Injury. caused by the alleged negligent
| starting of one of its cars, when the plain
| tiff passenger. was In the act OF alight-
! ing. the defense being a general or spe-
J cial denial the burden OF proof never
shifts. but remains with the plaintiff, to
prove that the injury was received sub
staatially as alleged.
p When in an action for damages for
a personal injury, inflicted while the plain
TIN a passenger was in the act of alight-
ing from a street railway car. the evidence
Is conflicting. as to where the plaintiff
alighted. an instruction that plaintiff be-
came a passenger of the company, and con-
tinued TO be its passenger up TO and In
GLIDING the act OF alighting al his proper
stopping place" is erroneous.
1887. Citizens Insurance company against
Herpolsheimer Error. Lancaster. AZ
armed. Dune, c. Division No. 2
1923. Phenix Insurance company against
Herpolshfimer. Error, Lancaster AZ
irmed. pufio, G. Division No. .
l4i16. BrineEar against Copass. Appeal
from Richardson. Affirmed. Dune. @.
Division No. ..
clally where they run in, well-denned
course and again unite with the stream at
a lower point must be regarded as a part
OF the water course from which the over
flow comes and cannot he regarded or
dealt with surface water. Chicago,
Burlington & Quincy Railroad Company
against Emmert, So Neb., 81, approved and
followed.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20

pushed as fast, and large forces OF men are
able to do 1t with the enormous number Of
trains constantly moving over that division.
No date has yet been set for the compile
ton OF this work, but the finish is not far
distant
The motor cars which the Union Pacific
has in service have been doing satisfactory
work and the officials of the road are eIated
over the remarkable showing made. Dur
ing the first seventeen days of this month
lo5 trips were made by motor cars. and of
this number the cars were exactly ON
schedule ninety-Sever~ times and late but
seven times On the times which they
were late the average was less than ten
minutes.
While the official trial trip q motor car
No proved conclusiyely the success of
the new McKeen motor which was built in
the Union Pacific shops, the splendid rec
ord these cars are making in actual service
has cemented the confidence the officials
had in the new cars, and all are now anx-
iously awaiting the time when more will
be built and put in service. These will be
built in the Union Pacific shops in Omaha
and their construction viii give employ
ment to many skilled laborers
New Burlington Train.
The Burlington has prepared a new time
card, effective october %. which will give
people residing on the Grand Island une
better opportunity TO come TO Omaha. IN
the forenoon to do their shopping. The
new schedule calls for new train TO he
known as No. 81, which will leave Lincoln
daily, except Sunday. at 6:45 p. m. and
arrive at Grand Island at 1920 p. m, max.
ing all stops. Another new train. No 80
arrive at Lincoln at 1910 connecting there
with No %. which arrives in Omaha al
noon.
This new schedule will give the Burling,
ton four trains from the west 10 Omaha,
No. 4 arriving at a. m, No. 90 at noon
No. at $40 and No. AZ at $50 p. m. BY
the addition OF the new trains, caused by
the heavy travel. the through trains e
and from the northwest will stop only al
Aurora, York and Seward between Lincoln
and Grand Island.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20

Porto Rico Blend, per Id. 49,. zoe
The best Ankola Java and Mocha, O.,
per Id .... .2Sc
The best o. G. Mocha and Java,
per 10. = % IL V
Fancy B. F. Japan or Sundried
The very finest that grows OF Japan,
Oolong. Gunpowder, Ceylon or
English Breakfast, for this sale
only, per Id ............. 4Sc
The best Tea Siftings, per Id. IL " C
Omaha's Greatest Fresh Fruit and
Vegetable Department.
Fancy Keifer Pears for Canning-Six-
basket crates Fancy Keller Pears
for canning, per crate. ... $1.1O
| "A blu. baskets Fancy Green Tomatoes
for canning .................1 5c
Fresh Spinach, per peck. 10c
Six punches Fresh Radishes. go. sc
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20

1O-lb. sack best white or yellow
Cornmeal ...... .......... l2c
10-lb. sack pure Buckwheat Flour 35c
z lbs. best hand picked Navy Beans 25c
s lbs. best Rolled Breakfast Oat-
meal SoC
10 bars best brand Laundry Soap 25C
Jell-O, per pkg - n c
Assorted Soups, per can ....... &c
h-lb. can Breakfast Cocoa -. IL II G
u lib. cans Potted Meats ......215 {
Lea & PERKINS, Sauce, per bottle .23C
Peanut Butter, per jar ........ DC
Ripe Olives, per can ........... zoo
lib. pkg. Macaroni ..........S 1-3C
The best Soda Crackers, per b.. &c
The best Oyster Crackers, per Id. &c
4 pkgs. Uneeda Biscuits. ....... .15c
TEA AND COFFEE SALE
Fancy Santos Coffee, per Id. -. .15C
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20
n - ~ 0u:-
On1d1d UfedIcSI UFOCSFy UGQI FTICSS

Four heads Fresh Lettuce. 49,. -. SC
Fancy Sweet Potatoes, pound. 1 " C
Fresh Turnips. Carrots, Beets or
Pumpkin, pound ..........11s G
Two punches Fresh Parsley. 800. sc
Large heads New Cabbage. ...... &c
Large Hubbard Squash, each. ... &c
New Honey. per rack. .,......... loo
n lib. pkg. California Figs. ...... sc
Italian Blue Plums, per basket. .25c
Fancy Jonathan Apples, peck. :. .25c
Fancy Winesap Apples, peck. -. zoe
Fancy Sweet Apples, peck. ....... 25c
Butter and Cheese Sale.
Fancy Separator Creamery Butter,
per pound ............. .25e
Fancy Full Cream Wisconsin
Cheese, per pound ............15 c
Fancy Full Cream Brick or Lin
burger, per pound ........... 15c
Sap Sage Cheese. each. ...71sC
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20

though one could wish sometimes that she
did not use so much volume In her tone
when playing secondary part.
1t Is much to be hoped that this eoterie
Of people will give other programs during
tho winter. This one last night was most
enjoyable. MARY LEARNED.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20
NOT THE SAME J. C. LINDSAY
Namesake who Gets sixty
Days.

James c. LINDSAY Of Douglas Printing
company disclaims any knowledge OF ]. c.
Lindsay. who was reported in last evenings
Bee as having got sixty days for wife
beating. The similarity OF names has
caused no end OF chafing Of which Mr.
Lindsay has been the victim. The house
telephone has been kept going by people
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20

Rev Arno Clemens Gaebelein of New
York City, editor Of the religious periodics !
Our Hope, lectured at the First Prer-
byterian church Thursday evening on
Saint Paul's Epistle to the Colossians. the
talk being a careful discussion OF the main
IDEAS OF the work. II was planned that
a second lecture should be delivered at the
church Friday evening also but as Rev.
Gaebelein Is obliged 20 leave Omaha In
order to reach Winnipeg In time to MI q
date there, he will lecture in the afternoon
instead at 2SS Farnam street.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20

SBECIAL fOh SAIOhDhl ONLl-H
Mail orders promptly filed. Adj
"Dearie' (from Sergeant Bue).
My Mississippi Missus Misses Me-
(new).
81 Like Your Way"
FLOATING Down the River Nile
(Cole & Johnson.
After They Gather the Hay"
so Long, Mary"
II Know Girl Like You" new.
II Love the Last One Best of All"
"Hottentot Love Song" (new).
All Other Late Hits 1910 Copy.
VOCAL.
Not Because Your Hair is Curly.
Wait Till the Sun Shines, Nellie.
Every One is in Sunderland but
You and Me-"
IF a Girl Like You Loved Boy
Like Me-"
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20
Wonderful Values i'm Sheet Music

the Latest Opera Song Hits 23c Copy
1c postage in ordering by mail.
I'm Up in the Air About Mary
Cheyenne"
Waiting at the Church"
I'm Dear Old Georgia"
why Don't You Try"
kiss All the Girls for Me-"
INSTRC VIAL.
Paula" new d.
Priscilla" lint, 5zzo).
Red Domino" new two-step),
Golden Sunset Waltz" (new).
Silver Heels"
Beautiful Star of Heaven"
SPECIAL
Dance Folio, contains all the biggest
song hits. such as Down Where the
Mohawk Flows" "Dearie," In Sweet
Loveland," etc.; regular price 75c, on
sale Saturday only at 2Sc. t''
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20
HAYDEN BROS.

who suggest certain cures for blemishes
his wife is supposed to have received, and
one angry taxpayer called and said that
sixty days was not enough for man who
voted to increase the teachers salaries, as
Mr. Lindsay is a member OF the Board Of
Education
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20

II you have anything TO trade advertise
It in the For Exchange column Of The
Bee Want Ad page.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20
SPECIALS FOR SATURDAY

Every item in this list is genuine bargain and it wi
D to see every one of them.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-20

(a) "Allemande," prelude to suite in
minor; OBJ Perpetual Notion.
The Ladysmith news and Ingram news. [volume] (Ladysmith, Wis.) 1905-1906, 1906-06-16
Rice Croquettes.

One cupful rice, one quart milk, one
tablespoonful chopped parsley, yolks
of four eggs, salt and pepper TO taste.
Wash well the rice, put on to boil III
a farlna boiler with the milk, or use
cold boiled rice, and set to boil with
the milk after pressing through a
sieve. If the rice has not been cooked
let it boil about an hour. Ii 1t has
been already cooked 20 minutes Will
suffice. When quite thick take from
the fire and beat until smooth, mash
ing all the grains. Then add the
well beaten yolks Of the eggs and cook
eight or ten minutes longer Add The
parsley and seasoning, using ne
white pepper. Take from the ire ana
mix we'll, and turn out IL plate ana
let it cool. Then form into pretty
cylinders about three inches ION? and
one and one-half broad. Roll these
in beaten eggs, then in bread cruMbs,
and fry in boiling lard. Drain and
serve with any meat cooked with
gravy.
The Ladysmith news and Ingram news. [volume] (Ladysmith, Wis.) 1905-1906, 1906-06-16
The Hair and Scalp.

Shampoeing the hair too sften Is
Injurious to the hair and scalp. Once
q month is as often as the hair and
scalp should be washed 1t can be
kept perfectly clean by brushing thor
oughly with a coarse brush, and the
brushing is much better for the hair.
Water must be used upon the hair
only when it is washed. Used any 9th
er time it fades the hair. Massage
the scalp with the cushion tips of
the fingers, being very careful not to
scratch the scalp with the nails. 1rri-
tating the scalp in any way will
cause dandruff. Occasionally, after
the massage, apply lotion OF borax
and glycerin, two drains of each to
eight ounces of distilled water. This
is cooling, and allays dryness OF the
skin.
The Ladysmith news and Ingram news. [volume] (Ladysmith, Wis.) 1905-1906, 1906-06-16
Fetching Linen Suit.

Linen suits, made very much like
their cloth compatriots, will be found
to be among the most useful gowns in
a trousseau. A particularly attractive
gown made of white linen is banded
with coral linen and adorned with
white pearl buttons. A high belt of
linen folded into the surplice-crossed
front of the bodice is smartly strapped
with the coral pink, connecting the
gown with the princess model. Worn
with guimpe of baby Irish lace, the
gown !, thus escapes the conventional
tailored effect of most linens and, ac-
companied by a smartly trimmed lin
gerie hat, would present the bride upon
her appearing out" in garb that
would defy criticism, for it represents
the acme of perfection in the summer
walking suit.
The Ladysmith news and Ingram news. [volume] (Ladysmith, Wis.) 1905-1906, 1906-06-16
GoYert Goat

A covert coat is always a covert coat
and provided 1t is made of good ma
teriai and by good tailor it Is always
accepted as a smart garment for GER
tain uses. The old model with fitted
back and straight fly front holds it's
own, ana though the ready made mod
els strain after originality by adding
odd strappings and peculiarities Of CIT
the best tailors counsel absolute sever
ity in such a coat, the cut and finish
alone being trusted to give the neces-
sary cachet.
The Ladysmith news and Ingram news. [volume] (Ladysmith, Wis.) 1905-1906, 1906-06-16
Rhubarb Charlotte.

Butter a pudding dish thickly and
line with strips of bread cut one inch
wide and half an inch thick. Fill the
dish with alternate layers of rhubarb
cut In small pieces and very thin little
slices of bread we'll buttered. Sprinkle
the rhubarb layers thickly with sugar.
Make the top layer of bread, cover
closely and bake three hours in slow
oven. Take out of the oven and let
stand half an hour, then turn on to a
plate. The charlotte ought to keep
the shape of the baking dish. Serve
with a hard sauce.