davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee., 1909-12-08
United Thcaters
Prefer the Federal
Court for Suit
Move to Transfer Injunction Proceed.
ings to Uncle Sans Juris-
diction.

Attorneys for the United Theaters COM
any ave entered a motion in district
court for the removal of the injunction
proceedings against It to the United States
circuit court.
Tit injunction was sought Friday by
b. hutchinson and Bruno G. Biz, owners
Of the GAiety CBurwood) theater to pre-
vent Messrs Sullivan and ConsldIne from
interfering with their operation OF the
theater. The United Theatsrs company is
one OF the names under which Messrs.
Sullivan and Considine DO business.
The attorneys for the defendants repre-
sent in their motion that their clients are
incorporated in Mains and legally reside
there and that Messrs johnson and BiII
live in Nebraska Therefore, says the
motion, the contest is between citizens OF
different states and as such should be
heard by q United States court. Another
argument is that the amount Involved is
over 1900, and this Is ordinarily a good
ground for removal in such cases. A bond
for removal is likewise filed in the office
Of the clerk of district court.
The original injunction proceedings were
to have been heard before Judge EstellO
the coming Saturday.
Omaha daily bee., 1909-12-08

Lame back may be cured by applying
ChamberlAin's Eminent two or three
times a day, with a vigorous rubbing at
zach application.
Omaha daily bee., 1909-12-08

of the Western Land and Cattle company.
Earl Comstock, E. c. Harris. n. Hudaell,
for conspiracy to defraud and procuring
unlawful filings on lands in Sioux county.
G. T. H. Baboock, John AEnew, H. G.
Furman, Burt FurmGn, conspiracy.
r. II. Allen, r. Hudgell, D. Perdue, con-
spiracy to defraud and suborn perjury, in
the matter OF the Standard Cattle company.
Chicago Ranch 0Owd.
Lawrence p. King, PATRICK ]. King OF
Chicago, conspiracy to defraud and suborn
perjury in the Chicago Ranch case.
Charles T. Stewart, Stewart Walker, con
spiracy TO defraud and subornation of per-
jury and unlawful enclosing Of publlc
lands
A. Stilwell, for su~bornation Of perjury
and conspiracy to defraud.
There are a number Of smaller cases,
directly or Indirectly connected with some
of the foregoing cases, in which there are
indictments for perjury or s%ubornation OF
perjury in securing the filings.
These cases have been hanging fire for
over a year, pending the result Of the de-
cision in the Comstock, Richards and other
defendants cases. II is the intention OF
the government to bring these cases t.
trial, possibly at the February term Of thc
federal courts in this district.
A number of civil cases to compel the
removal OF fences are also pending. Sew
eral of these cases lay been closed from
time to time through the removal OF the
fences, and in other instances the fences
have been forcibly removed by the gov
eminent officers, and the costs assessed
against the parties maintaining the fences
Omaha daily bee., 1909-12-08
WANTS CITY TO PAY HOUSE
RENT LOST BY QUARANTINE
william Lampman Puts UP Nice cues
ton of Law to the Legal
Department.. 20

William Lampman, an employee in the
office OF Treasurer Furay, has preferred
a claim against the city for s95. Back Of
the claim is an interesting chain of cir
c~umstances.
Mr.. Lampman some time 6 made ar
r~anEements for occupying the vacant half
Of a double house at SIS a month. Before
he could move in scarlet fever made its
appearance among the people in the other
half Of the house. A quarantine sign was
erected on the front Of the. place, in the
natural course Of events, By the health
commissioner men. Mr.. LAmpman be-
came informed OF this fact, and, haVlnE
two small children, he hSsltated to moyS
in. While standing in fear OF possible In
fectien he found himself out a months
rent. This money he wishes the city
counoil to reimburse him.
The Lampman claim raises a nice leEal
question, say the men Of law. As one sK-
pressed II:
There is something new under the sun
always cropping out in legal practice. Now
here's a question the exact like OF which.
probably has never appeared before any
council or court In this section. There Is
a most interesting"
Let Furay pay IT," broke in Council
man McGovern. Hes one Of my con
stituents. and they are all good, liberal
people"
Omaha daily bee., 1909-12-08
WINE LEFT UNGUARDED
BURSTS AND SCARES GIRLS
FearsOme Feminine creams shatter
the Frosty Atmosphere and
Bring Quick Aid.

Two young women sat alone In a resi-
dence near the Field club. Il was Of course
a dark and storm-disturbed night, the kind
of weather which gives young feminine
things hat creepy, eerie feelins.
Are you frightened, dear?" they asked
each other. and each denied it, Never
theless as the storm howled they ~snuggled
a little closer.
There came a lull in the storm. Then
they heard all those strange sounding. mys-
terious noises Of night time which so upset
a nervous soul.
After a period of quiet came loud crack
ing sound like the noise of a discharged
revolver.
The shot seemed to have been fired in
the back Of the house. Rushing to the
front door they screamed together. The
father-in-law Of one Of the young women
heard the frightened cry from his, home
next door and rushing over v~alorously
made his way to the back OF the house.
A dreadful sight met his eyes in the
kitchen.
A bottle OF one-time u~nfermented wine
had been working and the ceiling and wall,
were now covered with what looked Xix,
gore. The cork had blown out.
de-.
IL Sterling Ware-FRFNZFR-1S ana noa1,
Omaha daily bee., 1909-12-08
NORTHUMBERLAND and Dodge,
GAS COMPANY PAYS TAX
TO CITY UNDER PROTEST
Contribution Of R4,TB0.I0 Received
by Treasurer FUray with a
Cheerful Smile.

The Omaha Gas compGny is the second
Of the public service corporations Of
Omaha to present its check for the 8 per
cent occupation tax at the office of Treas
urer Furay. In turning over to the treas
ury a check for $4.75s.1s. Tuesday, 1t was
noted that payment Is made under pro
test, on the ground that the tax is H.
legal. Apparently all corporations con
cerned nave decided to do the same thing.
II they pay at all. The Independent Tele-
phone company has mad simply a state.
|nient, showing It ives the city S455.5o, as
3 per cent Of its earnings since septsm-
Der /. No money or check accompanied
the return.
Let them save their exceptions" says
tt eGsurer Furay, with the utmost good
nature. This court is entirely willing
that every company shall v its rights
preserved. In the meantime the none
will be sailed down as by law provided II
such case" ....,
Omaha daily bee., 1909-12-08
Body of Croker
Goes to the Coast
Corpse of California Millionaire Will
Pass Through Omaha in a
Private Car.

In the private car "Mishawaha" the body
Of George Crocker, the California Million
aire who died recently in New York City,
is making a tr-snscontinental Journey to
San Francisco for burial. The special car
will reach Omaha Thursday morning over
the Northwestern line and will leave the
city over the Union Pacific railroad.
The growth OF San Francisco is closely
connected with the name OF Croker. This
family represents much of the wealth OF
the Golden state and George Crooker had
q national reputation as a Capitalist. Ii
was bis wish that his body be inferred in
San Francisco.
Omaha daily bee., 1909-12-08
Miss Higgins is
to Be INDICATED
Seasongood Will Be Removed and
Fate Of Torgusen is Still
q Question.

The inquisition into affairs at the county
hospital probably will result in a vindlca-
tion Of Miss Lena Higgins; in the removal
Of e. r. Seasongood, the. hospital drug
glst, while the fate of Dr. Bert Torsusen
cannot be told now.
Members of the board said in private
conversation that they thought nothing
had been shown which reflected upon Miss
Higgins, but that did not mean necessarily
that she would be restored to her position
ana 1t IL doubtful II she wishes to be-
come head nurse again. f-t#
Omaha daily bee., 1909-12-08
CAUGHT BY His B0NDsMAN
Fred Turner, Wanted on BOotleEEinE
Charge, IL Nabbed in Omaha
by surety.

Fred Turner Of Iowa, who was wanted in
tina state under q federal indictment for
selling liquor without a license, was APP
pretended in omGha Monday evening by
one OF his bendsmen and taken to the fed
ersl authorities in Council Bluffs.
Fred Turner is the Individual who was
wanted instead Of Frank Turner, who was
Omaha daily bee., 1909-12-08
DEMENTED SOLDIERS TRAVEL
Eleven nnIiAted Men VIII Go
Through Thursday to Asylum
from the Preside.

Eleven demented soldiers will pass
through omaha Thursday afternoon in a
special car, bound from the Preside al
San Francisco for the National Asylum
for Insane Soldiers and Sailors at wash
lnEton. The men viii be under the care
Of two army surgeons and viii be under
tho surveillance OF min guardsmen.
Most OF the group suffered insanity
while stationed In the Philippines. They
were brought to the states at the expense
Of the government. In the cases OF sol
diers losing their minds in the hot climate
OF the Pacific It is a usual thing TO com
p.etely recover by proper treatment in
America.
Omaha daily bee., 1909-12-08

arrested in Omaha a few lays ago through
mistaken Identity and was subsequently
released. Fred Turner was at that time
reported to be in Colorado, but his sureties
had reason to believe he was in Omaha.
Fred Turner agreed to so to Iowa with
his bOndsman, HOyt by name, Without
going through the tormHlity Of a requisi-
ton.
Omaha daily bee., 1909-12-08
Sterling ware-FRENzER-15 and Dodge
MOTION TO DIRECT VERDICT
ubbOr Case Between WiscOnain
Cattle Company and Harri-
man Railroads.

A motion to direct a verdict Is beng
argued before Judge Redick in the suit Of
the Wisconsin Cattle company against the
Oregon Short Line and Union Pacific. The
half dozen lawyers employed on the case
have been airing their views at length and
the forty or more witnesses who came here
from IDAHO are becoming hopslessly bored.
The case lie Of great Importance to rail-
roads and live stock shippers. for II viii
probably establish a precedent In the mat
Omaha daily bee., 1909-12-08
NEW ELEVATORS IN CITY HALL
Movement on Foot to Replace the
Present Outfit, which Has
Become Obsolete.

Councilmen BrucKe1 and Johnson have
been investigating the probable cost of in
stAllInE new elevators in the city hall, &c
replace the present Anticipated outfit. 1t
has been found that a new plant in all re-
spects, Of electric elevators. would cost as
high az I'll, OOo. They have another prop
%ositiOn, whereby whatever IL available OF
the existing machinery would be Used and
new cages furnished and put In good work.
ing order for something under 1900.
Omaha daily bee., 1909-12-08

ter Of liability. The question involved Is
whether the railroad is responsible for the
death Of stock II is shipping when the stock
is under care OF q man sent by the shipper,
and providing, a. alleged, that the care
taksr himself was negligent.
Omaha daily bee., 1909-12-08

A Wiper in the Stomach
is dyspepsia complicated with liver and
kidney troubles. Electric Bitters help all
such cases or no pay. SOC. For sale by
Beaton Drug Co.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-24
Pythian Delegation
off TO BIOcfOr1 Today

The eighth semi-annua1 convention of
the Third district of the knights OF
Pythias association of Alabama which
will convene today at Blocton promises
to be the largest attended convention in
the history OF the Third district. There
is much business on the calendar to be
disposed Of.
The Third district includes Jefferson,
Shelby, Walker and Cullman counties
and is as large as any other three dis
tricts in the state. The large delega-
ton from the three Birmingham lodges
will be headed by Herman M. Beck.
grand chancellor for the state of Ala
bama. The delegation. nearly 200 strong.
will leave the Louisville and Nashville
depot on the Blocton accommodation over
the Birmingham Mineral at 6:25 o'clock,
returning on special train leaving Bloc
ton at II 80 o'clock p. m. Officers who
will go with the local delegation are
John Antwine, A. ]. Arrant, w. T. Par
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-24

ker. Frank Arrico and ]. K. Patterson
Officers of the state lodge who will be
in attendance are H. NJ. Beck, grand
chancellor; George Haley, president: T.
W. Lunn, vice grand chancellor; T. W.
Jones, vice president. B. E. McLendon.
secretary.
An open session will be held at the
opollo lodge No 2l5 castle hall. from
$3.50 o clock until 1890 O'Clock, which the
public is cordially invited to attend. At
l9:S9 o'clock the convention will go into
Il secret session.
After business has been transacted be-
fore the lodge several candidates will be
put through the three initiatory degrees
of the order. An elaborate programme
has been arranged by the Blocton enter
tainment committee. A number of busi-
ness houses will be appropriately decor
ated for the occasion. banquet will
be rendered the delegation and there will
be other amusements to make the con-
vention a great success
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-24
Is Murphy Guilty
OF Myrick Murder !?
CITIZENS CONGRATULATE
THE BRAVE FIRE ladies
Assistant Chief Walton Tells of Condition When He Reached
the Scene of Fire-Ward and Bodeker De-
lghted-Numerous Men Utter Praise
Some Checks Coming.

dence of appreciation. This is not the
first fire that has threatened our build
ing, but undoubtedly the most dan
gerous."
Ward Congratulates Department.
"The manner in which the fire depart
ment conquered that fire was but an
other evidence of the fact that we
have the best department in the SOUTH"
said ex-Mayor George B. Ward. "Hav-
ing watched the work on every fire of
consequence for many years I consider
this the best exhibition ever put up.
"The police department was in evidence
and showed good headwork In handling
the crowds. Much depends upon them
in these exigencies and they measured
up to the mark tonight"
Chief Bodeker's Opinion.
Chief of Police Bodeker was one of the
first on the scene. He had 20 patrol
men at work and gave Chief Walton
all the assistance possible.
1T tell you the boys did fine work."
he said. Mine times out of ten that
whole block would have gone. The man
ner in which they went into the fire and
smoke on those ladders makes 1t really
a miracle that some were not hurt"
Charles Thomas, of Wimberly &
Thomas, whose building was next to the
congratulate Walton. 1T want to tell
you that this is the finest piece of work
1 have ever witnessed" he said. you
and the boys have proved that not a
cent has been spent amiss on our de-
partment. That our store was not COM
pletely destroyed is due to the most per-
sistent, sensational fire fighting"
George H. Harris said: THAT was GER
tainlyNgood work. No department in the
world could have done better"
Steve Smith said: IT expected to see
the whole block go. Walton and his
men deserve the congratulations and
praise of every property owner in Bir-
mingham.
Another Check Coming.
Charles Pantaza, proprietor of the Met
ropolitan cafe, said IT intend to send
the F'iremen's Relief association check
for $40 in the morning. 1t seemed that
the flames would spread all over the
city. AS an adjacent property holder
I want to say that such work as that
tonight cannot be equaled."
IT will have to hand the firemen one
on their success tonight" said Carl H.
Seals. "They certainly put up a game
struggle and deserved to win. The police
department also displayed good manage
ment. Chief Bodeker was there with 20
patrolmen and the building was properly
guarded"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-24
MYSTERIOUS IS
MRS, MOORE'S DEATH
Husband and Physicians Make
Statements
DR.. GLASS RETICENT
Husband Denies Suicide Theory, Al
- though Coroner Believes Death
Resulted From Poison.
Inquest To Be Held.
DR.. GLASS RETICENT

At an autopsy held Monday over the
Henderson, who died Sunday night at 6
o'clock at the Hillman hospital, Cor
sion that death was due to the effects
of some drug or poison. DR.. e. T. Glass
who was the attending physician, stated
that rms. Henderson, or Mrs. Moore, as
her real name was, was in a comatose
condition Sunday afternoon at o'clock.
due to the effect of morphine, and that
he had her sent at once to the Hillman
hospital. where she died later. DIR. Glass
further stated that the drug had not been
prescribed by himself or Dr. CASTOR Tor
renee, the other attending physician.
In view Of the facts mentioned. Cor
oner Brasher has decided to hold an in
quest on the death Of Mrs. Moore as
soon as he has collected sufficient evil
dence.
The deceased was the wife of c. s.
Moore, a prescription clerk In the en-
ploy of the Duncan Drug company at 200
South Twentieth street. When seen last
night by an Age-Herald representative
Moore gave out the following statement;
Moore's Statement.
My home" he said, rs In Cuero. Tex.
and my occupation that of a pharmacist.
While in Tennessee some years ago be-
came acquainted with Mrs. Huella Hen
derson. the widow of the late Oscar Hen
derson of Chattanooga. Mrs. Henderson
and 1 were married little over two
years ago in Knoxville and came at a
later date to this city. During the time
we were here'I was unemployed and We
boarded at various Birmingham hotels.
On September 1 was to go on the road
for a firm manufacturing pharmaceutical
supplies. On Wednesday of last week
Mrs Moore and myself engaged rooms
at this boarding house. CHere he men,
toned Third avenue lodging house.)
Mrs. Moore had been i'll for some time,
and l summoned Drs. Glass and Terrence
for the purpose of giving her medical
attention. I was at the time in the en-
pioy OF the Duncan Drug company and
an old negro woman we had hired was
in constant attendance on my wife. Sun
day afternoon while at the store was in
formed that Mrs. Moore was sinking ]
hurried to our rooms, where DR.. Glass in
formed mo that she was very low and
must be sent to the hospital. She was
brought to the Hillman hospital at 8
o'clock and died at 8 o'clock. The malady
with which Mrs Moore was troubled was
displacement of the brain and convul-
sions due to other complications. Be-
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-24
Marriage Licenses Issued.

Marriage licenses have been issued al
follows from tho office of the probate
court:
Henry C. Turner of Acton to Miss LIZ
ze Stewart.
Theodore J. Williamson of Birmingham
to Miss Mamie 8. Strong.
Hubert Prater Mooy Of Birmingham to
Miss Irma Calmus
Earle Parkel of Bessemer to Mrs. An
ME Lee walker.
sebastiano Agliano of Ensley to Miss
Guiseppina La Sala.
James A. Jenkins of Bessemer to Miss
Matte d. Hamilton.
Howard B. Patterson Of Birmingham
to Miss Mamie r. Scott.
Eugene Dennis of Birmingham to Miss
Laura Couch.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-24
MAYOR TO BORROW
SUM OF 100000

At called session of the City Council
yesterday afternoon Mayor OBrien was
authorized to borrow 100000 with which
to tide the city over until next January.
This loan will be made by Henry b.
Gray and associates of the Peoples Saw
ings bank, interest to be paid only as
the money is withdrawn. The Mayor was
authorized to pledge the taxes and other
revenue of the city.
Walter Moore introduced the following
resolution, which was referred to the
finance and judiciary committees:
Be 1t resolved, by the City Council of
Birmingham, as follows:
Section l. That 1t Is the sense of this
body that in the limits of Greater Bir-
mingham, as now proposed, all indus
trial enterprises now or hereafter ex-
listing shall be exempted from taxation
as far as may be lawful.
Sec. 2. That the details and time of
such exemption shall be worked out
hereafter by a committee of this council.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-24
TURNBULL BADLY
CUTS HIMSELF

D. T. Turnbull, district manager of
the Southern Bell Telephone company,
seriously cut his right hand and arm yes
terday afternoon by plunging the arm
through a window of the Aldrich home
on Thirteenth avenue, south.
1t seems that Mr.. Turnbull was en-
deavoring to open the window, when his
arm, driven with force, struck the pane
of glass. He instantly fell to the floor
and became covered with blood. Neigh
bors rushed to his assistance, and 1t was
feared at first that he had several an
artery. A doctor was soon in charge,
however. and the announcement was
made that nothing serious would result.
There Ia a deep cash running from
the hand UP the arm about six inches.
Several of the fingers are badly cut and
the hand has several deep scratches.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-24

Henry Wagner of Cincinnati, a consult
ing and sanitary engineer. prominent in
that city, left Birmingham yesterday af-
ter inspecting the city with reference to
the question of sanitary methods of
caring for waste offal.
while can see a continuous health
ly growth in your CITY," said Mr.. Wag-
ner, you need badly some system to
keep it in better sanitary condition.
Your present method, a dump is all
wrong and a costly experiment.
Nothing is of greater Importance In
our municipal life than public health
and no factor contributes to this more
than a clean city and pure water sup
ply. More deaths are caused by impure
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-24

sides myself she is survived by hs
ents, Mr.. and Mrs. S. 8. weatt
of Cold Creek, Tenn; two sisters
Marsh and Mrs. Crow Of Chatta
and a 7-year-old daughter. who has
with her grandparents.
at believe that have been done a
injustice by the rumors that have 1een
circulated in regard to Mrs. Moore's death
and am glad to be allowed the privilege
of making this statement The death of
my wife was due to only natural causes
and she died during one of the convul-
sions to which she was subject. I am
alone and without friends in this city
and believe that my feelings are due
some consideration in this matter.
make this statement only because of the
unfairness that has been exhibited in
some jumping at conclusions. I am sorry
that the good name of my wife and my
self has been subjected to this unfair
suspicion"
DR.. Glass Talks.
When seen in connection with the af-
fair DR.. d. T. Glass, the attending ply
stefan of Mrs. Moore, stated that he had
been called over a week ago to see her.
He bore out the statement of Moore in
saying that the woman's sickness was
due to. physical complications. ION visit
ing the patient Sunday evening"" he said.
st found her in a comatose condition.
due to the presence of morphine in the
system. Neither DR.. Torrance nor my
self had administered the drug"
On being asked what he considered to
be the immediate. cause of death DIR.
Glass announced that he would make no
statement except on the witness stand,
not caring to give to the press further
Information regarding his patient.
Statement of Mr.. Duncan.
]. j. Duncan proprietor of the Duncan
Drug Co., gave out a statement last night
in which he asserted that Noora had
been in his employ es a pres nadH 1-i.
since last Monday.
'Moore came to me with
mendations," he said, "sta g
as was his native state. ar r aa -
recently from Knoxville. 80.
to be of good character, and gave him
position as prescription clerk. He was
somewhat irregular in coming to work,
often saying that he was i'll. He said
nothing to me of having a wife, but
spoke OF having other relatives. He
came to work at l o'clock Sunday after
noon. Soon thereafter he received tel
ephone message and left. When he re-
turned at o'clock he said nothing of
his wife's death"
Moore subsequently stated that his
marriage with Mrs. Henderson had been
kept secret because OF the death of his
mother.
Meanwhile the result of the coroners
inquest Is awaited with interest.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1909-08-24
Another Furnace To Blow In.

The Tennessee company's No. furnace
at Ensley will be blown in on basic iron
within the next few days.
Other companies with furnaces out for
refining are hurrying up the work with
a view of getting them in blast.
The iron market continues strong at
$3.50 on No. foundry basis with bright
prospects for higher prices. It is gen.
orally believed that the advance will not
stop this side of SIS.