davidaulloa/AmericanStories huggingface dataset:
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
VANTAGE TO OMAHA DEFENSE
Ruling is Against Admission Of
Brewers Account Books.
MANY COMPLEXITIES ARISE
Question Of RIEht 60 Examination OF
LedEera Brought Up In Ions
wranEIe by Attorneys In
the Case.

Much argument and legal hair-splitting In
theDonahue custer case terminated yester-
day afternoon in a ruling by Judge Evans
unfolding the contention OF the defense
that the account books Of a third party
were not admissible as evidence.
The point was raised when the state at
tempted TO bring in the books Of William J.
Boekoff. liquor dealer, to show the hand
ling Of the business
Al 1880 O'Clock the state started to argue
whether books Of account are admissible
evidence in an action between third parties
Before the argument had proceeded far
new and more complex questions arose
Late In the afternoon the dispositions OF
Fred Kavan and Harry Stone we're read
over the objection OF the respondent. These
related the story Of alleged violations and
OF the calling Of the attention of Chief
Donahue to such violations.
The second technicality to claim the at
tention of the court was whether books OF
account when they become memoranda Of
an action in which a witness participated
can become evidence when the books are
the property Of a person other than the
witness
Again lengthy argument was held upon
question In these circumstances, namely,
whether any person other than the owner
can have the privilege Of examining the
books
The last question to come before the
court was whether a deposition IA wit
ness who testified to facts occurring in 1909
can be read in evidence 1 nthis case.
AT the adjournment of court the question
had practically narrowed down to whether
books which have become memoranda can
be offered IN evidence or can be examined
by any person other than the owner, when
THE books are the property Of neither party
! to the case.
Judge Evans rulings on the various ques-
lions were as follows; Books Of account of
account IA third person, as such, are not
competent evidence in action between
strangers: books of account may become
memoranda from which witnesses memory
may be refreshed, although owned by a
stranger to the action other than the wit
ness
All of this argument arose over the at
tempt while William ]. Boekhoff, a retail
| liquor dealer, was on the stand, to compel
the witness to produce his books in court
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01

promise. which she brought against Frank
nachott. rich German farmer OF fhoeeA
Bachoffs defense Is TO be general denial
Oh AIRS. Noung's allegations.
FORT DODGE-The Great Western pas
senEer station and interlockihB sWltch
equipment at Somers caught IRE lIvul
crossed electric wires and burned to tht
ground IN rorty-five minutes the loss be
ing estimated at S1,UOO The lnterlocknB
switch equipment was worth between WV
FORT DODGE-rhe little son and daugh-
ter OF Mr. and Mrs. h. r. smith lie pre-
cariously near death because OF pOlsonlne
them In An effort to save their lives
No other cases OF poisoning have been re
ported, sltnough the poisoned milk was
procured from a local milk dealer
GRINNELL-Rev. percival +. Marston OF
the New England congregational ehureh
Of Chicago has accepted the call OF the
and plans to be here oy March 10 ne ls
A. years OF age, a graduate OF boWoOih
college and Andover Seminary, and THIS
is his fourth pastOrate. His only son
graduates In June from Bowdoin.
FORT DODGE-The Grieg Mandskor.
musical organization Of Scandinavians,
which came to lie here many years a StU,
part OF February and expects former mem
bers, now scattered all over the country,
musical and much outside talent OF note
will assist on the program There VIII also
be banquet
FORT DODGEf-Whlle an Onukhs sHoe
clerk went to the rear OF a local store to
fasten buttons on old shoes for woman
who had just purchased and put on an
expensive new pair, and had another PAN
OF fine dress shoes under her arm, the
customer disappeared The shoe clelh
is planning to leave strange purchasers
unshod, hereafter when he goes away 70
make repairs.
DENISON-The case OF f.. +. Fischer, a
farmer living near Manning, asking
damages from Carroll county for injuries
sustained by falling with his team through
a bridge, Is on trial in district court on
change Of venue. lie claims both physical
and mental disability from the fall, a
Crawford county jury gave him large
damages in former trial, a verdict after
wards reversed by the supreme court. Elk
Attorney General Byers has been the at
torney for Fischer in all trials and is here
now. He Is assisted by Conner Lally
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
Canadian official who Took Package
Containing LRrge Sum surren-
ders to Police.

SYDNEY, Jan SLATER having eluded
the police and postal authorities for several
weeks, william ONeill, the postmaster at
Waterford. a small town near here, gave
himself up yesterday to answer 20 the
charge of stealing from the mails a
package containing 1880 in cash. The
money belonged to the Waterford branch
Of the Bank of Nova Scotia. The Water
ford agent OF the bank addressed the
package to the Sydney branch OF the bank
and registered It at the Waterford post
office. The package did not arrive at
Sydney and when an investigation was
begun 1t was found that ONeill was miss
ing. A few days later O'Neill gave the
package to a clergyman in Truro. request
ing that It be delivered to the Truro
branch OF the bank. oNeill then disap.
peared again but returned to Cape Breton
and surrendered to the authorities.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
Rivers and HarbOrs
Bill Passes Senate,
Carrying S96,OO0,000
Bailey Says the Domestic Affairs of
Texas Are None of Burton's
Business.

WASHINGTON. Jan. Slater three
hours Of consideration the senate today
passed the rivers and harbors bill, carry
ing appropriations aggregating about 49,
10000
While the bill was under consideration
Senators Burton and Bailey engaged in
their annual debate over the policy Of
improving the harbors at Beaumont and
Orange. Tex. so as to accommodate ocean
going vessels. Mr.. Burton criticised the
provision because OF the inland character
Of the two towns. He intmsted also that
the harbors were desired as a means Of
regulating freight rates in the Lone Star
state.
Mr. Bailey took exception to the Ohio
senator's reflections upon the domestic
affairs Of his state and Asserted that this
matter was none OF the senator's nor Of
Ohios business
The course Of the board OF army en-
gineers IN pronouncing against the two
projects on the ground Of commercial un-
desirability was severely condemned by Mr..
Bailey. He said senators and representa-
tives desiring certain improvements were
compelled TO stand outside committee room
doors with hat in hand and wait while
army engineers were allowed to shape at
fairs for their own states. He admonished
the senators favorable to tariff commits
sion to take warning by the experience
with the board Of engineers. The time
would come, he said, when congress would
simply register the DEGREES Of the com
mission as it now registered the DEGREES of
the army board. He also contended for
the right OF the senators and members from
any given state to. say what river and
harbor improvements are necessary within
its borders
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
BseEaehs. RheumstI.u, sIeepIes.nesa

RheumRtIsHi, SIespIessness
Result from disOrdered kidneys. Foley
kidney Pills have helped others, they will
help you. Mrs. ]. B. Miller, Syracuse, n.
Y, says: For a long time l suffered with
kidney trouble and rheumatism I had Sc
we're backaches and felt all played out.
After taking two bottles OF Foley Kidney
Pills my backache Is gone and where I
used TO lie awake with rheumatic pains l
now sleep in comfort Foley kidney Pills
did wonderful things Tor me-" Try them
now Sold by all druggists
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
COFFIN TAKEN FROM GRAVE
BIOOdhOunds Helping UnPaveI I'M
usual Incident Mt Stanford,
Kentucky.

: STANFORD, Ky. Jan. -31.-The coffin
containing the body OF George B. saufiey,
who was prominent lawyer, was found
above his grave in the Stanford cemetery
early today. Whether the body has been
removed from the casket has not yet been
ascertained as the authorities refuse 10
allow anyone to approach ii. until the ar
rival OF bloodhounds. These will be put
on the trail Of the persons who hoisted
the box from beneath the ground.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
REAeAN,s BILL FAVORED BY ALL
Measure 10 Let Large cities Name
OWE Chhrtets Goes Through.
tFrom q staff CorrespondentO

tFrom a staff Correspondent
LINCOLN, Jan sl.-(specIal)-The SEN
ate passed by unanimous Vote OF the mem
bers present Senator Reagan's bill for
constitutional amendment to permit cities
OF more than 5000 inhabitants TO frame
and adopt their own charters The vote
stood: Ayes, %; nays, none; absent 4. There
was no discussion OF the bill To-day.
Just % the morning session of the senate
opened Senator Buhrman of st. LIbOry re-
eeived notice that his mother had died.
He left Immediately for her home.
As recommended for passage in the SEN
ate Lees bill prohibiting the use Of con-
veyances for Oyters on election day. pri-
mary or general, has been amended so
that IL has little force. The bill still per-
mlts political committees TO employ con-
veyances and the candidate is culpable only
II he consents TO the use Of conveyances on
his own account.
poratlons reported the following bills for
passage Tuesday;
s. +. Sc, by MISUNDERSTANDING corpora
lions to hold and enforce liens in this
state.
S. f. 81. by Tanner-Agalnst wire tap
ST. So by onis-GivinE telephone com
panies power 10 mortgage, sell or LEASE
property,
q. r. 81. by Olis-Allowing telephone anc
telegraph companies TO condemn rlght-of
way.
~ r. S., by Oils Defining cooperative
associations and allowing incorporation.
The judiciary committee reported for gen
eral file s. 4. So. by Lee, forbidding candi
dates to hire conVeyances for voters OF
election day,
s. r. 50. by Eelleck-Quieting title of cor
porutions TO lands acquired from foreigI
heirs to real estate.
81 r. 2, by Notwithstanding title OF In
nocent purchasers to lands acquired from
foreign heirs 20 real estate.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
NEW BILLS BEFoRE HOUSE
Measures IntEoduped' An Lever Body
Of LsEislature.
CFron staff Corfespondent.)

Of LeEtslature,
CFrom q Stair Correspondent)
LINCOLN. Nebs Jan. si.--(speeial) THE
following bills were introduced in the house
today:
II, r. 2SS, by Gallagher Of Thurston-Pro-
y,ides Tor iegalizing Indian marriages.
III 4. Isl BY Hardin OF Harlan-Provides
that tests OF grain shall be by taking
vertical section from top 10 bottom OF
wagon box or bin.
IT. r. 81 by Prince OF Hall-Provides
that admission 20 the bar upon graduation
uation from schools having a three-year
dag course or four year-night course. Re
moves provision that such school must be
a member OF the Association OF American
II, r. IS, by Anderson Of Kearney RE
qulres that jurors be able TO read and
write the English language and be citizens
OF the United states.
H. r. ~ BY McFlissick OF Gage Pro-
vides that license Zee on automobiles shall
be paid to the counties az a rate Of . cents
by the horse power. the county clear to
retain the FIRST = cent?;
Bassett of Buffalo-Re-enacts and broad
ems library law, permitting precincts TO or
ganixo and maintain libraries.
III. r. 29i BY Meyer Of Nuckols, by re-
quest ProNding for the publication Of per-
soDai property assessments Of NO0 or more
value, 20 b paid for out OF the county
general fund Emergency.
H. RI zee By HospOdsky OF Saline-P Pro-
vides for stamping the net weight OF
bread on one and two pound loaves after
baking penalty for violation
nj M 9a8 bg McArdle Of Douglas and
Basseft Of Buffalo, Providing for a levy OF
3 mills by townships for library purposes,
cmergcncy
III. ri ~. BY McKissick OF Gage-Provides
Cor the formation OF health insurance cam
panies Emergency.
III n ea by Haslk OF Butlcr-Provides
that trustees 81 school districts containing
more than 80 ehpdren must be able q
Teau ana Wrlte Huc rsilktl1n iAlt6 ~ 50,
H. r. '95 By BoIand, Of Dougias-Re
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
ONE VOTE FOR WOMAN FOR
UNITED STATES SENATOR
Colorado Representative starts Boom
for Mrs. Cooke, Former superin-
g. tendent of schools.

DENVER, Jan. 3L-A woman was given
a vote for United States senator in the
Colorado Legislature today, Representative
Mckenzie of Custer county, casting his
ballot for Mrs. Katherine NJ. Cooke, former
state superintendent of public schools. No
election resulted from today's joint ballot
which resulted:
Democrats: Adams, 20; Martin, 2; Maupin.
1; o'DonnoIl. 4; shafroth, /; speer, Is;
Taylor. 2; Thomas. 4; Ward. g. Cooke, 1.
4 Republicans Dawson, L; Gowdy, 1; Vail,
/; Northcuttir 30.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
TAFT MAKES APPOINTMENTS
President Sends Names of Several
Men for New Positions in
Federal Service.

WASHINGTON, Jan. si-President Taft
today sent 10 the senate, among others
the following nomination
Colonel WIlliam p. Biddle. to be com
mandant OF the United States Marine
corps
promotion:
dler general
First Lieutenant Albert L. Rhoades. TO
be captain in the Coast Artillery corps.
Cyrus 3. Williamson, to be postmaster
at WATERFOWL, S. ID.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
TWO DEATHS AT WEBSTER CRY
DR.. HummelI Dies of Pneumonia ana
Boy Killed by Bullet.

WEBSTER CITY. Ia. Jan. Sl.-(Special
Telegram)-While the nurse was taking
his pulse early this morning, DR. s. M.
Rummell. city physician. passed away He
had been suffering from pneumonia and
was low but his passing came most I'M
expeetedly He had been city physician
here for many years and was prominent
over the state.
Raymond Kallen, who accidentally shot
himself trying TO force a cartridge into a
2s-caliber rifle, died at the hospital last
night The bullet entered his abdomen.
The lad was 16 years old.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
Iowa city Pioneer Murdered

IOWA CITY, Ia, Ian. a.-Joseph Hun
ter, pioneer Of Iowa City, has been
found murdered in Idaho City. Idaho, ao-
oording to a dispatch received by his
brothers. Lemuel and George. Of this place
No details Of the crime are given
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
Courtesy scores Point

WASHINGTON, Jan. S1.-The senate to-
day rejected the reappointment of Fred
Harper to be collector OF customs at Seat
tie. Wash. Matt Piles. a brother of Senator
Piles was a candidate for collector. Sem
ator Piles told the senate that Harper was
was taken
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
The Weather

For Nebraska-Unsettled, with local rains
or snow; colder.
For Iowa-Unsettled -
Shippers Bulletin-Prepare forty-eight
hour shipments north for temperatures Of
8 to 10 above zero; east, 10 to ID above:
west for Is to % above. Shipments south
can be made with safety.
Temperature at Omaha yesterday:
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01

The Omaha city directory does not con-
tain the name of w. j. A. Morrisey.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
Rememher the Nnme.

Foley's Honey and Tar for all coughs
and colds, for crop, bronchitis hoarseness
and for racking la grippe coughs. No opl-
ates. Refuse substitutes. Sold by all
druggists.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01

Senator EARNINGS ssndsy base ball law
8. p. q. II Was amended TO allow county
boards to regulate country playing and
cities and towns can settle the question
for themselves seven democrats In the
committee voted for the bill and six re-
publicans against a..
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
MAN FOUND ON TRACKS
AT DAVENPORT FROM OMAHA
Letter Found on Person Indicate. III.
Name Is w. J. A. MOrrisey, Sup
pOsedly from Here,

DAVENPORT, Ia, Jan. sf--The body OF
the man found badly mangled on the Rock
island tracks, near Davenport. has been
Identified as that of w j. A. Morrisev
OF Omaha from letter found in his
pockets
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01

Piles Cured an . TO IA Days.
Your druggist will refund money II Pazo
Ointment falls to cure any case OF Itching,
Blind Bleeding or ProtrudinB Piles IN
70 u days. Soc.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
NET WEIGHT BILL IN HOUSE
Proposed Amendment 10 Pure Food
Measure Ia FavOrabIy
Reported.

WASHINGTON. Jan. 3l.--The proposed
TO the pure food law to re-
quire the net weight or measure OF the
contents OF a package TO be stamped on
It's label advanced the first step toward
enactment today when the house commit
tee on interstate commerce gave II a favor
able report. The proposed amendment was
introduced by Representative Mann OF Ili-
unfa
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01

OFFICE or THE WEATHER BUREAU,
OMAHA, Jan. 3l.-Official record Of tenn
perature eho precipitation compared with
the corresponding period OF the last three
years. 1911. 1910 1903 1908
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01

Temperature and precipitation departures
from the normal at Omaha since March /
and compared with the last two years;
Normal temperature ............. ~ negrees
Excess OF the day ACKNOWLEDGEMENTS. %
Total excess since March 1...,............ 1851
OTna4 a. S.ll4t,.. "A. .. .......... " inches
Defieit nCy Tor tne 90 .....-...... 90 inches
Total preC,p enc ''a--cr I. lt.72 inches
Deficiency Since March 1. 1910. ISIS inches
Excess for cor. period, 1910. 5.13 inches
Deficiency for cor. period, 1909. 6.24 inches
RAnnrfs frnIn Stations ~ ID. m.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01

~ Indicates uace OF precipitation.
l.. A. WELSH, Local Foreeaster.
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01

Some people may doubt the quietness of
the state house grounds, but the fact that
a man slept under a tree last night and
was unmolested and undisturbed until 10
o'clock this morning shows that II Is not
pandemonium. He was finally dislodged
by an employee OF the senate chamber. He
murmured something about West Lin
coin" and rose to make his uRsteady way
toward the city,
Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-02-01
POSTMASTER STEALS CASH

No,rthcutt;- 20.
Evening journal., 1911-09-26
WABASH TO ENTER
DELAWARE AGAIN

The old rumor that the Wabash
Railroad Company is about to build 4
line through Delaware, has been re-
vived again. The rumor was active
ly circulated during the last session
of the Legislature, and it was reported
then that Senator Drexler might have
some legislation to aid the Wabash 10
get into Delaware, but the Senator
said he knew nothing of it.
Now the report is that the Wabash
may build through Delaware to Lewes
over the right of way to be obtained
for the DUPONT boulevard. General
DUPONT recently asked about the pos
sibility of constructing a railway over
the right of way. said he had not con-
sidered It. Under the law enabling
the construction of boulevards, steam
railroads could not be operated on
the right of way acquired According
to the latest rumor, for which nobody
can be found to stand responsible, the
Wabash may have station some
where about the DUPONT building. The
Washbash reports have been circu-
lated with much regularity for sew
eral years.
Evening journal., 1911-09-26
HICKS FAMILY
HAD REUNION

A family reunion was held at tho
home Of Ellis p. Hicks, of Milltown,
on Sunday last, in honor of Mr.. and
Mrs. George Q. Weldin. of Portland,
Oregon. Mr.. Weldin, who is a brother
Of Mrs. Hicks. is on his first trip home
after an absence of "a years. Those
present included Mr. and Mrs. Ellis
p. Hicks, Mr.. and Mrs. Benjamin W. P.
Hicks and son, Miss Emily W. Hicks
Miss Laura W. Hicks, Wilbur X. Wei
din, Of Mlltown; Mr.. and Mr. John l..
Weldin, of Downingtown, Pa; Mr.. and
Mrs. George Q. Weldin. Of Portland
Ores Cyrus E. Weldin, and wife, Miss
Ethel e. Weldin, Mary L. Weldin, Mr.
and Mrs. Harry S. Lynch, Grace L.,
Ethel W. and Harry S. Lynch, Jr., II
B. Murdock and daughter Mildred
Mrs. Rachel Dobb and son. Mr. and
Mrs. ]. Leslie Talley, Marian L. and
Ellis P. Fl. Talley. Mr.. and Mrs. Calyor
G Talley. Blanche c. Talley and S. M
Wilson, of Hockessih, Del.
Evening journal., 1911-09-26
COMPANIES TO
GET FRANCHISES
Levy Court Will Renew Rights
to Use Concord Pike
Road

The Levy Court at its meeting to-
day had an interesting session on
account of resolutions presented by
Commissioner Elliott. regarding the
Wilmington City Railway Company
and the Delaware and Atlantic Tele-
graph and Telephone Company.
These companies had franchises
from the Wilmington and Great Val
ley Turnpike Company for Concord
pike. When the commission awarded
damages to the property owners and
others these companies we're allowed
six cents each. The Levy Court this
afternoon will consider the franchises
and viii renew them to the companies
for use of the road after it is made
public.
During the discussion It developed
that the b. g. o. Railroad Company
will elevate It's tracks at Concord Sta
ton. This will do away with the
dangerous grade crossing there.
There will be a conference this af-
ternoon regarding the Third street
bridge.
Evening journal., 1911-09-26
TO ATTACK The
CITY ELECTION
MIR. Harman Raises r int Of
Validity in FitzSimmonS
Case
COURT TO CONSIDER
IT ON THURSDAY

Robert G. Harman in the Court Of
General Sessions today stated he
would attack the indictment found
against Thomas Fitzsimmons accus-
ed Of registering Illegally in the
Fourth ward at the last city election.
Mr.. Harman said he had stated his rea-
sons TO the Atorney-G General and
among them was the ground that the
law did not provide for registration
books, and that the last city election
was not a valid city election.
Attorney General Gray said that he
would ask City Solicitor Hastings 10
join him in this case
The court set Thursday morning as
the time for argument on the question
raised.
Mr.. Harman to an Evening Journal
reporter said: I'VE have not had a
legal election since the year 1897 In
1898 the Legislature passed a regis
tration law but did not provide for
registration books The Clerk of the
Peace has been copying the books
for rs
Evening journal., 1911-09-26
SUFFRAGISTS TO
PLAN CONVENTION

The executive committee of the
Delaware Equal Suffrage Association
will hold a meeting next week to ar
range for the annual state convention,
which will probably be held the last
part of next month. Other activities of
the state and city societies will be
talked over
The Delaware Society does not ex-
pect to send delegate TO the National
Society. which meets in Louisville, on
October 10.
Evening journal., 1911-09-26
HAS FINE CROP OF
GOLDEN PIPPINS

william D. Foote. of Bear Station,
has a remarkably fine yield of apples
this year, sprayed fruit that is de-
stined TO walk off with many prizes
at apple shows. His golden pipplns
are big, yellow beauties nearly foot
in circumference, with smooth, per-
feet skins; pulp that is firm and
crisp, and yet melts deliciously in the
mouth; and a flavor that reminds ehe
happy faster of pink and white apple
blossoms on a bright spring day in
sunny Delaware MT. Foote's fruit is a
strong evidence Of the advantage Of
using modern methods to protect the
apples from insect blights. for under
this treatment his yield shows sound
fruit of unusual size.