Omaha daily bee., 1906-12-08
JOKE MAKER GETS RAEEOFF
lester for q Dying Millionaire Works in q
Merry Bill
LAUGHS RATED HIGH ANO PAID FOR
Riffs Of Mirth Brighten the VALLEY OF
the shadow and Yields the
MAKER Five Dollars Ter
Rin.

Joke founders and story tellers who sx /
hibit samples OF their wares without provo
cation OF price might profit by the example I
OF Louis Ijams Of BLOOMINGTON. As I
sestor Mr.. Jams is a beaut For loo funny Q
stories told 20 Abraham Brokavy. an eccen- /
trio millionaire Of BLOOMINGTON. a local
court has awarded Ijams $3.50. Ijams
thought the 1000 stories told the aged
millionaire were worth so apiece but
Judge Russell held that physical comfort !
could not be separated from nursing and.
since liams had no written contract. his
services should be reckoned at the market
value.
Lams pleaded that he had performed
honorabie' service in preventing Brokaw
from marrying in his declining years. but
the law. as Judge Russell interpreted H.
does not allow extra pay for honor.
Dams served BrOkaw s companion four
years preceding the plowmaker's death last
March. He told loo stories. some a sec
ond time. There was no written agree
ment and Ijams was content to perform
his somewhat disagreeable service in the
almost certain belief that he would be
handsomely remembered In the will. At
the death of Brokaw. however, there was
He was sorely disappointed, and, at the
advice Of his friends. brought suit for $1,000
against the estate, valuing his stories at SO
apiece. The heirs fought his claims with
able legal talent, but Ijams had equally
strong support, and the trial which lasted
three weeks, was one Of the most remark.
able In the history Of central Illinois.
II was shown that Captain Ijams was
principally engaged in the occupation OF
telling stories and otherwise entertaining
the old plowmaker, and also in keeping off
marriageable women. who were attracted
by the millions OF the pathfinder. Captain
Ijsms was the foil between the old man
and the outer world. Beggars clamored
for money by the hundred. and many Of
the women who insisted on seeing the old
man had to be driven away by force.
Proposed TO Housekeeper.
All sorts Of schemes were resorted to in
the effort TO get the plowmaker's money
or to arrange a marriage. The fact that
Mr. Brokaw was not averse to marriage
and even proposed to the housekeeper and
also the sister OF Captain Ijams who was
assisting In the management OF the house
hold. complicated the situation for the cap
tain. He handled the venerable millionaire
with tact however and disposed Of all
complications
Judge Russelrs decision was given Mon
day afternoon.
His Peculiar Fitness.
Discussing the claims Of the plaintiff,
judge Russell said:
ITO augment the value OF his services he
urged his own peculiar fitness TO satisfy
the mind Of the deceased. He claims that
deceased was peculiar man and that he
was regularly fitted to meet and satisfy
the popularity Of deceased.
'IIe contends further that the lack OF
modern conveniences in the old style house
nd surroundings in which deceased lived
imposed upon MIN additional burdens, for
which he ought to be paid Certain other
elements enter his contention. protect
ing deceased from the Importantly OF beg
- Yars Of various kinds. conserving the estate
by preventing the deceased from entering
into a marriage contract, and by not hllinG
out = check that deceased signed in blank
and delivered to him, by not taking ad
vantage Of the weak condition Of the de-
ceased. by preventing others from imposing
upon him. by having n certain degree Of
responsibility for notes for a million dollars
or more thrust upon him, by performing
certain items Of business at different times
at the request OF deceased. and by exercis-
ing a limited supervision Of certain farming
interests and repairs"
Judge Russell then went on 20 the point
that the executors Of the estate admitted
that Ijams had performed certain services,
but pleaded that they were only the serv-
fees Of a nurse. There was no question the
Judge said. but that Brokaw had been a
great care to Ijams and that the services
were at all times disagreeable. The char
Acter Of the claimant was beyond question
The judge admitted his perplexity at the
case, saying an express contract could wei
have been entered into. rich man. II h
were liberal. undoubtedly would pay larg,
sums for mental comfort and ease. Tn,
case was even more suitable for a writer
agreement because Brokaw desired the ser
vices Of this particular man. not because h
looked after his physical wants better thar
Others. but because he was PERSONAL!
agreeable to him Since there was no ex
press contract. the judge said, the Law
could not consider anything but the ply
steal services. He continued:
Physical Comfort Nursing.
IT cannot see how physical comfort an
ease and mental comfort and ease can b
separated in the profession Of nursing an
one be called nursing and the other not
nurse may supply the physical wants Of hi
patient and yet not be good nurse becaus
he lacks the tact and ability 10 make him
self agreeable TO his patient and therefor
does not bring him all comfort and cas-
The deceased desired that claimant com
and stay with him not only because /
could supply his physical wants but ais
because he was agreeable to him. the Nv
qualities he purchased. How can the w
things be separated7 is Il the law tbs
looking after his physical wants alone col
Etituted the nursing. and that bringing col
tentment and satisfaction 20 him was SOM
thing separate and independent OF nursing
Il am OF the opinion that in the absen'
OF an express contract the satisfying Of n
mind Of the deceased was part Of CLAIM
ent's duty as nurse. And when he
paid for his services as a nurse this Is Il