Omaha daily bee., 1909-01-24

W. "hE fouHAuFI huit fNlue1tes the court
holds, to prove that Fouse was an in
dustrious man and generally bore a good
reputation as a lawabiding citizen.
Governor Appoints Delegates.
Governor Shsllenberger has appointed the
following delegates to the National Tariff
commission convention to be held at In
dlanapolis, Ind. February IS to Is: John
A. Mcguire, Lincoln; Ed p. Smith. Omaha;
James P. Latta, Tekamah; Charles F. Gil
bert. York; Fred w. Ashton. Grand Island;
W. II. westover. Rushvrle.
Delegates to the Dry Farming congress,
to be held at Cheyenne. wyo., February o:
Conrad Young. Omaha; Edward A. Hol-
Youngers,. Geneva; II. w. Campbell. Beth
any; G., H.. Beaumont, Lincoln; Prof. Bur
nett; Lincoln; DIT Away. Lincoln; A. N.
j. shumway. Scott's Bluff; James Burke,
imperial; Lou c; .Deets. Kearmey; James
Red Cloud; Charles A. Skoog, Holdrege;
w; H. Mcdonald North Platte c. c. Ven
mum, Stratton; Robert Graham, Alliance;
Persinger, Lodge Pole.
New Trial for Callahan.
Daniel Callahan, the Omaha man con-
victed in Douglas county OF procuring a
man named Clark to open graves in Pros
pect Hill cemetery in January. 1905, with
out the knowledge OF relatives OF the
deceased. was given a new trial. The
court holds Galatians instructions to
the grave digger, as sunerintendent Of the
cemetery, we're not such as to incite the
man to disinter the bodies Of the dead,
other than as would be done in his ordinary
duties. The court reversed the case.
Watson Not DIsbarred.
John G. Watson. the well known Ne
braska City attorney. is found by the court
not guilty OF conduct such as to warrant
judgment OF disbarment or suspension from
practice, though it was not such as to be
commended. The disbarment proceedings
against him are therefore reversed and dis
missed.
Watson was charged with attempting to
deceive and practice fraud upon the court
end causing a false, forged and fraudulent
affidavit to be made. The action grew out
Of the sensational suit Of Charles ID. But
terrified against Mintree f. Carton. An
affidavit which had been dictated to a
sterographer in the presence Of A. G. Gra-
ham and which was to be typewriter
above the signature of the latter upon a
piece Of paper. was later found to be in
complete and had additions made to It.
The signature of the affiant later appeared,
rot where written, but at the foot of the
extended affidavit. Disbarment proceed
ings were instituted and were pushed by
William Hayward. A commission consist
ing OF District Judges Frost, Good and
Kellar found Watson guilty and ordered
him suspended from practice for one year
The court finds that in the absence Of
any attempt TO make use of the paper the
conduct of Watson, while not to be COM
merded. was not such as to warrant the
judgment against him.
Hits saloon Men.
The Judgment for $3.50 obtained by Lizzie
Acken against Fred Tinglehoff and other
Lincoln ~saloonkeepers and their bondsmen
Is affirmed by the court, Mrs. Acken sued
for herself and her minor children, alleg-
ing that her husband had been ruined and
rendered incapable of earring a living for
his family by reason of the liquor furnished
him by the defendants. She secured a judg.
ment for the amount stated and appeal
vas taken. The court finds that in cases
of this kind 1t is competent to introduce
the mortality tables TO show the expectancy
Of life when there is sufficient foundation
by evidence that the mans inebrity has
permanently impaired his earning capacity.
other Opinions by Court.
Sixteen opinions were handed down this
morning by the supreme court. two of
these being in murder cases and three
others being state cases. The list is as
follows:
Buerstetta against Buerstetta, reversed
and remanded. Epperson, c.. .
Quincy Railway Company. affirmed.
Davis against Borland, reversed. Duff
Jesse against Brown. affirmed. Good. C.
Acken against Tinglehoff, affirmed. Ep-
, Shuts against Chicago. Burlington &
/, Quincy Railway Company, reversed and re-
! m alS1er AGAINST SaTSs''i Wilson. reversed and re.
: ing; Dean and Rose, ). j.. concur O in dis,
Mossis against Miller. affirmed, Reese,
c. j.
: manded; Barnes, j., Root, j.. and Reese,
3 C. j. dissenting; Rose, j.. not sitting.
. Callahan against State, reversed. Lection,
4 Yeiser against Broadwell. reversed and
: remanded. Epperson, c.; Fawcett, j., not
/. Russell against Estate Of Close, affirmed
: Barnes j.: Rose j. not sitting
2 Rose, j., not sitting.
: The following are rulings on motions for
= rehearing:
Arthur against Glover, overruled.
City of Chadron against County OF
Blair against Kingman Implement Com.
. pany, oyerruled.
I ked Line MUTUAL IelepnOne company
= against Pharris, overruled.
. Batten against Klamm, overruled.
Q Kazebeer against Nunemaker, overruled
I State against Martyr. overruled.
I st. Papul Harvester Company against
!. Faulhaber, overruled.
Causes continued:
Smith against Hofeldt. Smith against
Rock Island, Stanicis against Hartford Fir,
Insurance Company, Ogden against Wood,
men OF the World. Reed against Aldrich
Ieavett against Graham, State againsi
Union Pacific.
Holmes against State; suspension of sen.
Boddeo against state; suspension of sen
tencc allowed,
State ex rel. Ledwith against Brian; leav,
to docket, alternative writ allowed.
On recommendation OF the Bar commits
sion Willard Eddy was admitted to prac
tice.
Oral argument was ordered for Februar,
IS in the occupation tax case by the Ne
braska Telephone Company against Cit,
O of Lincoln.
Commercial Club Luncheon.
Is The first formal Saturday noon luncheon
OF the Lincoln Commercial club was helC
q today. At IL O'Clock about seventy fiv,
business and professional men were seated
The feature of the occasion was the speecl
of the governor on Nebraska"
d National Guard Election.
NFagar L AarL Of AIhinp u-as aIa,ta,