Chicago Daily Tribune Newspaper, August 24, 1879, Page 3

THE CHICAGO TRIBUNE: SUNDAY. AUGUST 24, 1879--SIXTEEN PAGES.” TWO WIDOWS. Or a Matrimonial Tale of Two ‘ Continents. The Fickle Roth, and the Peculiar Mar- / riage Laws of Wurtemberg. 7 “Widow No. 1 Admits She Has a Bad ‘ Head for Businesse . Many years ago, when Ohicago was little. more tban.a town in swaddling clothes, there came here from Wurtemberg a sturdy native of that country, named Jobn George Roth. He ‘Sad served bis time learning the dissection of ‘pull azks, calves, and pigs, the manufacture of ‘gavsqze, and the curing of hams and bacon. ‘31, capital was limited, but he had a thorough ye ledge of his business, and fully appreciated ve economic maxims of Ben Frauklin. With 1 as few buodred dollars he opened a butcher- ibop, though at this date it is difficult to exact- “jy locate the spot on which be established the vut- gve. “By a careful attention to business,” and perapolously striving to please his customers, +f trade steadily grew, and his cash account at the end of each year showed a constantly in- easing balance iu his favor. After ne had ac- wmmutated few thousand dollars he made in- restments in real estate in the heart of the city, ‘paying lot here and there, whenever he con- “siuded that there was a bargain in it. Jt dors not appear that Mr. Roth ever took the trouble to invest himself witn the franchise of American citizensmp. Whether it was from neglect to tak2 oat his papers or an unwilling- ness to do 80, cannot now be ascertained. AS far 23 appears on the record he-was simply-a frecholder and a taxpaver. THE LAWS OP WURTEMBERG ‘st that time, as they do now, rendered null and yold any marriage entered into by one of its subjects without the consent of the Govern- ment. This obtains full force everywhere in ‘the Kingdom, but how far it is binding on sub- jects domiciled in foreign countries is a ques- ion which has been differently decided by the courts of those foreixn uations before whom - matrimonial cases involving the Wurtemberg Jaw bave been tried. ‘'assoon a3 Mr. Roth had sufficiently estab- ished his butcher-shop hd came to the con- dusion thet it was not wise for man to live alone, He organ to look around for a wife, and found his fate in the person of Miss Madelaine Moser, a native of Bischweiler, in the Department of ‘Alsace, which then and up to the conclusion of the Franco-Prussian war belonged to France. ‘After the ordinary length of courtship, Mr. Roth and Miss Moser became min and wife, the wedding taking piace July 21, 1855. In the fol- Jowing April she presected her husband with an heir, of whom both the parents were very proud, and to whose manhood they looked for support in their declining vears. Fate, how- éver, relentlessly ordained it otherwise. . The child died ten days after his birth. ‘The demise - of the little one in whom the father had centred all his hopesseems to bave been a crushing blow. Grief for the child roused his mind against this countrr, and after the tunera! he announced to bis wife bis intention to leave the United States forever, and reside for the remainder of bis days in bis na~ tive land. Sbaring his immoderste grief, bis wife heartily co-operated with him in his deter- mination. The next few weeks were devoted to putting bis affairs in shape, and Joly 3 of the game year the childless couple leit this city for New York, where they took the steamer and sailed for Europe. After traveling around for some weeks they reached Strasbarg, where Roth’s father was then living. After a protracted visit the couple left the old Alsatian city, und settled down in Schorndorf, Wurtemberg, which appears to be the ancestral home of Mr. Roth. In this quict and somewhat out-of-the-way place the evuple settied down, making occasion- al trips to neighboring towns and ‘Villages on the occasion of singing, shooting, und other festivals with which rural;life in Germany is so much festooned. THE CHICAGO PROPERTY es still remained intact. The crises of 1957 came and went; the political troubles of 1860 passed _ py unnoticed by the Roths, who, living @ quiet fife in a secluded Germau villace, gave no par- ticalar heed to anyth ng emanat:ng from Amer-- fea, for whose soil Mr. Roth bad affection, since it contained the remains of bisdearly loved child. The civil wur of 1861 and the following inflation fn the values of all real aud personal property seem not to haye affected him in the least. The wdvance in the value of his Chicago real estate and the increasing rents he accepted with stolid- ity, and, as far as tne records show, the couple lived contented and happy. ‘Bat it was the calm which foretold the storm. Some time in 1867, while Mr. and Mrs. Roth were living ia Schoradorf, the latter saw that 2 serpeut haa, in the person of one : AMALIE STAEDLE, entered their bower of Eden, and the wife was not slow to learn that the temptress had sup- planted her in the affections of her husband. ‘The storm burst with the discovery. Crimin- ation and recrimination followed with amazing: tpidity, Roth, according to the wife's declara~ tion, became 60 infatuated with his uew-found love, that he openly and daily visited her, took her out -driving whenever the weather would permit, and in general conducted himself with an abandon born of erotic intoxication. Towards Mrs. Roth his manner completeiy changed. She claims that he compelled her to’ perform the lowest menial work, frequently beat her, and used towards her the most pro- fanelanzuage. This course of treatment she” could not Jong stand. Her health gradually pave way, and finally, in November, 187], she was compélied to seek pro- ‘tection at ber father’s house in Strasburg. About thistime Mr. Roth had reached 60 years, und the fair Amalie was in the Reignborhood of 28. In September, 1873, Mrs. Roth made a journey toStuttgart, where Roth was then residiug. For over two years her husband bad failed to grant her any support, and she became weary of being abcrden on her parents. The interview was DOL Asatisfactory one, as she avers. He insisted that he bad been ruined by the Chicago fire, his houses had alt been destroyed, the real proper- ty was of no value, and poverty stared him: in the face, After a prolonged interview he finally arreed to give her $8,000 in United States bonds ‘on condition that she would : SIGN THE FOLLOWING PAPER, Which she finally aid: Srurrcanr, Sept. 9, 1873.—The undersigned, ‘Madelaine Roth, nee Moser, born in iiechweller, fod at this time residing in Scniltizheim, near ‘trasburg, certifies bereby that she has to-day re- selved from John George Roth, now her divorced hustand, in Schorndort, in the Superior Court. istrict of Schorndorf, a8 her settlement, the sum of $8,000 in 6 per cent United States bonds, with all carrent coupons. attached thereto, and she of jowledges herewith that she, on the strength these premises, surrendered ali and every de- pd orrigbt she may have against said Roth or ils property. ‘MADELAINE Hora. Pein paper Mra, Roth signed, believing, a3 fe DOW avers, at it was simply a receipt for amount of money puid to ber on account of support. She naively confesses that she Pond had any capacity for business, was eX- mely considerate and trusting, and very fielulons. In short, she admits herself to be 2 lesimpleton. Her husband had never told thi ot his business, aud she never knew sny- Wira about his affairs until three years later. ‘eck her husband had told her, shortly after the Chicago fire, that he was a ‘busted com- Say he wrote to her brother Louis Moses, 10 she then believed to be in this city, making * ries as to the devastation of the Roth patri- ward but she received no answer. Her letter ened to her vid the Dead-Letter Office. cord apauying the $8,000 release, there is, ac- fording to the statement of Amalie Staenle and a brother Albert, whose connection with the will appear further on in this interesting Rarrative, A SUPPLEMENTAL CONTRACT, tinned by both Mr. and Mrs. Roth, and certified want, the United States Consul at Stuttgart, on ting that they, Joan George and Madelaine pith, Were divorced April 24, 1873, by the Di- My Court at Elwangen, and as is the custown ow’ place, they mutually released each other ona all ciatms of inheritance, both in their Te names and in the names of their heirs. be this Mrs. Roth states that bad she known agreement signea by her contained an ad- would t ofthe divorce and release she never on have siened it, because she never was di- rel red and never intended to grant any such Here tt probabl . ly becomes necessary to £0 back elttie, and the answer of Amalie Stachle qiltornish the material with which to build up orm chronicle. From this it appears, z her it Is fair to infer, that along in April, pout ir. Hoth came to the conclusion that he Gund 2 longer live happy witn his wife, Mede- and that a speedy divorce and sabse- quent marriage with Amalie Staehle were the only things that would bring joy toa heart which nad closed itself against the wife whom nearly twenty years before be had sworn to cherish “until death do us part.” Mrs. Roth had conducted herself, so far as’ Known, a3 a chaste wifc should: at least no complaint seems to have been made against her. Yhe laws of Wurtembure provide that all marriages of subjects of the country without the consent of the Government are neither valid nor binding, and must be regarded as null und yoid, as if never having taken place. Mr. Roth, either in person or by attorney, presented him- self .before the Royal Matrimonial Court of Wartembure, and, after reciting that he was a native of tit Kingdom, bad lived in the United States fora number of. years, was married in CARD and had practically separated from his ey y ‘ : ASKED FOR A DECREE ‘ANNULLING THE MaR- * RIAGE, on the grountl that he had never received the consent of the Government'to marry. It docs not- appear from the records in the case, or at least those which the reporter has examioed, that any defease was made, or that any notice of the contemplated proceedings bad been served on Mrs. Roth. The decree was entered of record in the Court on April 24, 1873. Six months Iater—that_is to say, oo Nov. 27 of the same vear—John George Roth and Miss Amalie Staeble were united in marriage, and settled down to housekeeping in Schorndorf. This marriage was solemnized a little over two months after Mrs. Madefhiae Roth accepted the $3,000 as the alleged release of all claims against ‘the estate of her husband. 5 Four months after the marriage there was & post-nuptial contract entered into between Roth aud his second wife, providing that in case she survived him she should have all the prop- erty he was seized of at the date of his death, on condition that she gave 8,000 florins to his broters aod sisters living at the time of his de- cease. -" Before the third anniversary of the second marriage death invaded the household. Joho Georme Roth died July 12, 1870. On the same day, “ior a valuable eonsilerston,!! and pre- sumably only a few hdurs before his demise, bo conveyed to Albert’ Staehie, the brother of. |. Amalic Stachle-Roth, the second wife, all of his real property by’ an.. instrument under seal, subject’ fo the rights of Amalie uo- der the post-nuptial costract. Fifteen dass later she surrendered to ber brother all ber in- terest and rights in the estate, and the next day gave him a power of attorney with plonary ‘power to do as he pleased with the property. Mrs: Madelaine Roth. the first wife, was domi- ciled at Schiltieheiw, Prussia, when sbe heard of her busband’s death, two days after its oc- currence, und that hé would be buried the same day. The news caused her much sorrow and grief, for, notwithstanding the ill-treatment to which she had beeu subjected, she still oved him. Not having an opportunity to attend the fuceral she did .not_goto Schorndorf, where he had died, until, Sept. 25 tollowine, when she went there to see his grave and water with her tears the green turf above it. The next day after ber arrival, and while she was preparing to make the mournful journey to God’s acre, it bezan to rain. The visit tothe tomb was accordingly postponed, and inits place she indulged ina refreshing, season of gossip with ber old. neirh- bors and friends, and particularly with ONE LOUIS MULLER, who for the first time appcars on the scene of this hitherto constantly shifting panorama. He suggested to her the propriety of calling upon Widow No. 2, aud she wanted to know how he could possibly ask her to call upon the woman Whu had been the source of all her pains and sorrows, Whereupon he retorted that she, Widow No. 1, had no right, anyhow, to her deceased busbind’s property, for the reason that she had been divorced from him. She de- nied the existence of any divorce, and insisted that her simple object in coming to Schorndort was to see the crave. He then told her shat the Widow No. 2. moved by compassion. and sym- pathy, had agreed to give her, Wiaow No. 1, 10,000 marks,—about $1,900,—because the late Roth had given ber s0 little. ‘Distracted with her situation, surprised and confounded with what she bad learned, misled by those whom she had supposed ‘to be her friends, ignorant of what prooerty. her has- band left, incapable of transacting busi- ness,—all of which she now avers,—she consented to hold an interview with Amalie Staenle Roth,. Widow No, 2 and by her was treated w'th great Kindness and consideration. ‘The upshot of the visit was she consented to ac- cept the 10.000 marks, and signed @ paper re- nouneing ali claims she might have against the estate. An installment of 1.90 marks was then paid ber, the remainder to be paid on or before the following July. Muller, to sbow his disin- terested benevolence towards the old friend and neighbor, sent io a, bill for 109 marks, which Widow No. 1 promptly paid. This agreement wade with Amalie she now repudiates on the ground of false representation, undue influence, and that same captivati incapacity for busi- ness which was ber great charm. I ‘Some months after the demise of Mr. Roth the Widow No.2 carried cut ber contract by paying: the 8,009 florins to the brothers and sis- ters of -the dezedent, or their heirs, and, in re- they cuit-claimed to her brother all the rights and interest which they had in the Roth estate. ‘Subsequently Albert Staeble, the brother of ‘Widow No. 2, in order to. make it more bind- ing, and to thoroughly carry out the‘acreement entered into between his sister and . Madelaroo Rota, obtained from the latter, under date of Oct. 3, 1878, 4 DEED CONVEYING TO HIM, at the direction of Amalie, all the real property yested in Roth at te time of bisdeath. This deed was filed with Recorder Brockway, Nor. 7, folowing. i ‘This deed Madelaine pronounced a forgery, insists that it was obtained from her by fraud and deception. - . After the lapse of eight or tea months it be- gins to dawn through the mind. of Mrs. Made- Taine Roth that the property lett by her bus- band was of much greater yalue than she sup- posed, and that she had been defranded out of her rights. Aug. 4,1S77, sue made & complete renunciation of all the agreements heretofore entered into with Amalie Roth and her brother, ‘Albert Staeble, and this she caused to be served on them by her brother some six weeks later, he at the same time tenderimg the 1,000 marks which had been paid ner by Virtue of the old agreement. A more formal renunciation was made by ber Nov. 3, 1877, before L. W. Lang, a Notary Public of this city, ‘and filed in the Cats office of the County Court the same jaye turn, SUIT WAS ENTERED in the Superior Court of this county in June, 1878, by Charles. M, Harris, counsel for Mrs. Maaclaine Roth, asking that she be restored to gil her original rights, that .all the agreements Yrhien she signed under undue influence be dectared null and void, that Albert Staeble aud Amalie Staehle Roth be required to “quit-laim. the property so that it can be distributed between Madelaine and the ten surviving heirs at law. Rosenthal & Pence, for ‘Amatie and Albert, made auswer denying the ‘allegations of Widow No. 1. The counsel are busily engaged in working up sthe . conflicting Jaws and decisions relative to to the marrisze of foreigners in the United States; huge bundles of testimony, certified statements, etc, in the German language have been received within a short time in the interest of the defendants, and, before the case can £0 to trial,’ it will be necessary to send a Commission to Germany to Work up all the testimony. It pgomises to eventually reach the Supreme rt, and in after years will figure in the books &s a “cause celebre, TELEGRAPHIC NOTES. : New Yore, Aug. 23.—Five steamers safled to-day for Europe with heavy cargoes and light passenger lists. Sr. Louis, Mo., Aug. -23.—The -sale of the Times-Journat of this city, which was advertised to take place this noon, was stopped by the Trustee, B. M. Chambers, having paid into court the defaulted interest on certain notes in- yolyed in the case. It is reported that A. s. ‘Mitchell, an old St. Louis editor, recently con- nected with the New York Times, will’ become the managing editor of the Times-Journa’, but nothing definite is yet known. ‘MeMPurs, Aug. 23.—fhe. disagreement be- tween the Typozraphical Union and E. Whit- more, proprietor of the Evening Ledger, result- ed this afternoon in Union printer employed in the office. ‘Spectal Dispatch to The to The Tribune. Lesars, !a., Aug. 23—While digging on the property of W.N. Spring yesterday: the work- men struck a thick layer of gold-bearing sand. Old miners testify as to its richness. ‘There is intense excitemen’ in town. Sz. Louis, Mo., Aug. 23.—The case of. Health Commissioner Francis, who was indicted about 2 month ago for oppressioo- and misdemeanor iu office, was set aside by Judge Cady, of the Court of Criminal Correction, to-day, and the Graud Jury censured for their action in the matter. NEW COMET DISCOVERED. Wasntxctoy, D. C., Ang, 23.—The Smithson- jan Institution furnishes the foliowine announce- ment of a new comet: “The Academy of Sciences of Vienna announces the discovery by Palisa, at Vienns, on the 2st of August, a comet inten hours und two minutes right dis- cension, forty-nine decrees six minutes north declination, with a daily motion of plus six min- ‘utes, minus threo minutes.” E written in the Gernian lavguaze,, though not * the discharge of every THE CORONER. Examination into the Case of the Base-Ball Bat Victim. Kelley, Who Clubbed Him, Is Held for the Murder. Soller, Who Shot Friedberg,,Is Similarly Disposed Of ‘ GEORGE HAAG. Deputy-Corouer Sawyer yesterday afternoon held the inquest on the body of George Haag, who was killed Suuday Jast in a row on the corner of California aveoue and Wést Madison strect. A jury was impaneled on the 10th inst., and viewed the body then. The first wit- ness called yesterday was Paul Haag, father of the deceased, residing at No. 1113 West Madison street. He saia his son was nearly 22 years of age, and worked as ¢ brakesman on the Chicago & Eastern Indiana Railroad. ‘The last time he saw his son before the homicide was Saturday evening, the 16th inst., about 6 o'clock. Deceased was not in the habit of drinking,—in fact, did not touch intoxicating liquors. He was hot-tempered. Witness saw him again Sunday evening about BSo'clock. He was insensible, and hada ter- rible scalp-wound on the left side. Blood was issuing freely from his nose and cars. Four men brought him home, and doctors were sent for, but were unable to do anything, and the man died about 1: o'clock Monday. He never spoke or recognized anybody, but remained un- conscious until bis death. ‘The statement of Dr. W. 8. Harroun, County Physician, was read. }‘ He, made a post-mortem examination of the body, and found an ex- osive fracture of the bones of the skull on the left side, the fract- ure extending: to the base of the brain. Death was caused by compression of brain substance by extravasated blood within the cranial cavity, the result of the fracture of the'skull. Michael McCarthy, a boy of 12 years, residing with his parents at No. 1157 West Madison strect, was present at the time of the homicide. He saw George Haag where a crowd of boys were playing ball. A small boy struck the wit- ‘ness and made his nose bleed. Haag came up aud asked what he did that for. A larger boy came up, a quarrel ensued, and Haag was struck with a bat. Witness did not see the blow struck. Thomas F. Conway, residing at No. 971 West Adams, was with Haag Sunday afternoon from about noon to the time Haag was struck. They were looking at the base-ball players on the prairie near California avenue, between Madison street and Warren avenue. He saw the boy McCarthy and another little fellow fighting. Joseph Kelley (now in custody) came over aud soparated them, using McCarthy rather roughly. Haag said he didu’t want to sce that done auy more, to which Kelley answered, “What the hell business is that of yours?’ Haag said it was a good deal of his bustness, and Kelley then raised a base-ball bat and said, “‘ You ——~ of a—, if you want to Jick me you’d better come on.” ‘Haag answered, “I don’t want to fight; there are too many of vou here.” There was quite a crowd; all friends of Kelley's. Haag put his hands in his pants pockets and turocd away, and as he did so Kelley struck bim with the bat. Haag fell like alog. Witness asked Kelley whgt he did that for, and Kelley said, ‘Maybe you want some of it to0.’? Witaess raid that if he would put the bat down they ywould see about it. Kelley then started for btm with tbe bat in his hand, saylug, “You — ot 2 Twill Kill you too.” Witness ran off, and Kelley chased bim two blocks along West Madison street with the bst still in his hand. Kelley was somewhat under the influence of liquor. Bis friends had told witness that be bad a bottle of liquor with him on the ground. Kelicy called twice to witness to stand and fight, and witness answered that he would if the otner would drop the bat. A crowd fol- Jowed them, and, after running a coupte of blocks, Keliey gaye up the chase and turned back, witness following. Kelley asked some of the crowd for a revolver, saying, ‘Give me a gun.” Somebody guve him a black-handied be went back to where Haag was lying sensc- less on the ground, took a look at him and started off again, witness and some of the crowd still following. He made three or four trans on Madison street. California avenue, Warren street, aud Monroe street, and at last turned east on Mad- json street. Witness followed close atter him and threw a bat at him, At last he was cap- tures by Capt. Buttertleld, of Engine-House No. 24. fi Warren Olney, a laborer living at No. 1073 West Lake street, said he Knew Haag by sieht. He saw Kelley strike Haax in the manner de- scribed by the last witness, and fully identified him. When Keliey returned from chasing Con- way one of the crowd said, ‘‘Lhere, Kolley, you've done enouch; you’se killed Haag. They tried to quiet bim, but he tore away from them, “T don’t care a —— ——,” and in com- two others be started off. Haag did hreatening towards Kelley, and offered no resistance. ‘William Portman, driver of a coal wagon, No. 1084 West Adams street, corroborated the state- ments of the last two witnesacs. ‘The testimony of Frank Butterfield, a fire- man, was read by the Coroner. He knew de- ceased, but never saw Joseph Kelley before Sun- day last. About 4:30 o'clock he was at the en- gine-housc, No. 1016 West Madison street, when Kelley came runniug along the sidewalk with a pase-ball bat in bis baud. A crowd was pursu- ing him, throwing stones aud shouting, “stop the murderer!” “There was another fellow run- ning with Kelley, and witness grabbed him first. The ‘crowd cricd, “Not tat fellow, the other one,” and witness pursucd Kelley, who lind in the meantime gained twenty-tive fect. Witness cauzht hold of him, and both fell. Witness overpowered Kelley and took him to the engine-bouse, whency he sent o telezram for an officer. Kelley made no statement what- ever. Joseph Kelley was asked if he cared‘to make anv statement. He said that he saw two little boys quarreling. ‘Then Haag came up and tried to ston them. Witness asked him what busi- ness it was of bis, sud Haag said it was his busi- ness. With that he put his hand benind him as if he was about to draw a pistol, und witness struck him with a oat. Ie struck in self-de- fensy only, und because bo, was atraid he was gromg to be shot. Officer T. J. O'Hara, who arrested Kelley at the engine-house, tustified that Kelley acknow!- edged to him that he struck the plow, but claimed that Haag put his band in his rear pocket, not in his pants pocket, as sworn to by Conway. ‘The jury retired and were absent about forty minutes, and returned o verdict that deceased caine to: his death from a fracture of the skull produced by a blow from a ball-bat in the hands ‘of Joseph Kelley, and recommended that said Kelley be held to await the action of the Grand soe. ‘elley was removed in enstody, and now oc- cupies a cell in the County Jail. 7 » AUGUST FRIEDBERG. Gen. Maun shed his lustrous military uni- form yesterday morning, forgot Aurora und the Soldiers’ Reunion for the time being, and re- sumed his functions as Coroner of Cook Coun- ty.. The firat thing he did upon his return to business was to hold an inquest upon the body of August Friedberg, the young man shot by Henry Saller on Sixteenth street, near Jefferson, Sunday morning, Aug. 17, and who died from the effects of bis wound on the 19th. ‘The first witness was Caroline. Friedberg, mother of the deceased, who stated that herson was never intoxicated, that hé was carried home Sunday morning from the party at Miller’s, aud that he told her Saller had shot him. She asked himif he-had done anythiny to Saller, and he said be had never done anv one any barm. He dicd' Tuesday morning, without making any: further statements. Frederick Friedberg, a brother of the deceased, gaye some testimony, which wasn't, however, of any par- ticular importance. ‘albert Miller testified that young Fredberg was at his house Saturday night ava party. and that be was peaceable as far as he knew. ‘When the party broke up, he went out to the-ate, saw aman ranoing, and went up to the corner Of Sisteeuth and Jefferson, where be saw a crowd, and beard August Jacquet, who had a pair of knuckles, say he would -knock the first man down that came near him. August Braungart and Heury Voss stepped out into the street, and a fight ensuea. Voss pot the worst of it, and.cried out to the crowd to take Brauogart off. Saller accommodated him in this respect, and walked off with bim. Braungart followed, and*some of the crowd threw stones. and ran after them, whereupon Voss polled 2 pon. Saller said, “Give it to me,?? and pointed -itat the crowd. The latter kept coming on; Saller pointed the pistol at revolver, which he put in bis hip-pocket. Then, them, and fired, hitting s bystander on the side- walk, who proved to be Friedberg, the deceased. the crowd cleared out, and Friedberg, coming upto witness, said, “1 am shot,” afterwards pointing to his right side. ‘There was only one shot. Bertie Felke testified to about the same state of facts, adding that Friedberg ran into her yard after the firing, aud that Saller stood still when he fired, butran away afterwards. Julius Kratzer -couldn’t tell whether Saller took aim when he fired or not, but he heard him say to Braungart, ‘Stand vack, or I'll shoot.’ Saller was backing when-he tired, and was fol- Jowed by Braungart and Jacquet. Officer MeDermott, who made the arrest,testi- fied that Saller at first denied tne shooting, but afterwards confessed it, and said he was sorry; that it was a mistake, as he didn’t intend to shoot him. Henry Saller, the prisoner, stated, without being stvorn, that the quarrel beran at the par- ty, one of the young men tripping: over the young ladies’ dresses. ‘There was a prospect of ‘a fight, and be told them not to bave one there. Some one remarked that he had nothing to do with the fight, and he said he wouldn’t have anything to do with ft. Saller then detailed the shvoting in much thesame wayas Miller had, and added that, when they were pursued by Braun- fart and Jacquet, Voss, who was also with him, pulled his landkerebicf out of his pocket, ana witness saw the pistol sticking out. He -asked Voss for the “pop,” but Voss said, ‘It’s broke; it won't shoot.” “ Well,’? said witness, “ give itto me. Anyway, it will do to scare them with it.” So be gotit. Braungart and Jacauet continued to advance, aud the former said, “Ob, you can’t scare me with a pistol.” So- witness pointed it between the two and fired, und it bit deceased. ‘The jury, with the evils of careless shooting before their eyes, returned the following emi- nently proper verdict: That the satd Auenst Friedberg came to bis death the 19th day of August, A. D.1979, at No. 628 South Union street, from traismatic peritonitis, superinduccd by a pletol-shut wound, said wound betng produced by a pistol-ball fired from a pistol In the hands of Henry Saller; and the jury recom- mend that said Henry Saller'be held in custody to await the action of the Grand Jury. SECRETARY SCHURZ. A Brief Stay in This City on His Western Way. : The Object of His Trip Through the In- dian Oountry, ‘The Hon. Carl Schurz, Secretary of the In- terior, fresh from his telling campaign work in Ohio, arrived in the city yesterday morning, and maae his headquarters, during bis brief stay, at the Palmer House. He was accompanied by Mr. Webb Bayes, son of the President; Count Dunhoff, of the German Legation at Washing- ton, Mr. H. Gaulliear, of New York; ana Mr. Jobn M. Carson, Washington correspondent of the New York Times. ‘Ihe Secretary's first cali was upon Gen. Sheridan, with whom he had a long und ‘pleasant talk about Indian matters To geperal and in particular. ‘After one or two visits to personal friends, he called, in company with Col. Edmuod Juessen, his brother-in-law, at the house of Mr. Frances Lackner, who married Col. Jucssen’s daughter, and, consequently, Mr. Schurz’s ulece. He returned to the Palmer House about5 o'clock in the afternoon, and from that time on until he left on the night train for the West, was at home to his many Chicago friends. Be- tween calls a TrisuNg reporter sent up his card and obtained an audience. The Secretary is looking extremely well after his exhaustive work in his office at Washington and on the stump in Obto. He received the reporter -with his old-time cordiality. but. couldn’t be induced to give vent to any opinions he might have on matters political. ‘The conversation then naturally fel] on the sub- ject of 3 ‘BIS PRESENT-TRIP TO THE WEST, for which section of the counéty he left some two hours later on the Illinois Central, Dubuque & Sioux City train. “Lam going to Yankton,” said the Secretary, in response to the reporter's request for his route, “arriving there Monday, aud from there tothe Yankton Awency. I shall then go to Rosebud Landing, on the Missouri, reaching there ubout Wednesday, and then . to Spotied- Tail Agency, arriving there about Thursday nignt. Isbatl then visit Ked-Cloud Agency, where I shall probably spend some time. After that I am. going into the mountains for afew days -around’\Fort Laramie, returning by the Union Pacific to Kansas and the Indian ‘ferritory, where 1 shall visit the Poncas, the Nez Perves, and other tribes. I_shall attend the territorial affair at Muscogee, I. ‘T., which is to be held from Sept. 80 to Oct. 3, visit the Paw Paw Agency, and return to Washington, by way of St. Louis, arriving there about the 6th or 7th of October.” “Is your trip to bea general inspection trip?” “Hardly that, because that would require more time than I have marked out.”? “CWHAT 13 THE OBJECT OF THE TRIP, THEN?” “In a word, itis to ascertain what is neces- sary for the promotion of the self-supporting work, and the progress of civilization among the Indians.” ~ “You will hardly get up to Canada and inter- view Sitting Ball?” ~ fs “Oh, no; especially since the journey will be avery long one as itis, a large part of the trip having to be peformed by staze-coach.” “Are you considering, in connection with your trio, the propriety or advisability of re- moving the Northern Indians to the Indian ‘Ler- ritorv?"? “\No; my trip has no reference to the removal of the Indians, but is merely to see what is best to be dove to improve their condition where they are.’” The reporter mentioned to the Secretary that there bad been a good deal of tall, public and otherwise, out this way in regard to the Depart- ment’s treatment of the Poncas, and Mr. Scburz replied that he had nothing to add to the yery full interview between himself and ‘Te Tripuns’s Washington correspondent, published in yesterday's issue. Another caller was ushered into the Secre- tary’s presence at this point, and the reporter gracefully got out. CASUALTIES. . POISONED, “ Bpectat Disvaich to The Tribune, Keorur, Is., Aug. 23.—A party of sixteen, consisting of Capt. Sam S. Sample, his family and relatives, wno were enjoyit reunion at his residence last evening, were poisoned by eat- ing ice-cream. At 2 o'clock this morning they were all taken violently ill, vomiting and pureiug for over two hours. Medical aid was called in. ‘They are now considered out of dau- ger, although some gf them are still confined to their beds from prostration. Tne physicians pronounce the vanilla extract used in flavoring the ice-cream to have been the cause of the poisoning. The bottle from which tt was taken nes pee secared, uud the contents are to be an- yzed. “MILWAUKEE, Aug. 93.—The Sunday Telegraph to-morrow will publish the details of a case of wholesale poisoning at a harvest picnic at Muk- wonago, in Waukesha County, last Friday. ,In- vestigation showed that by inistake six ounces of tartar emetic bad been put into some water as an excuse for lemonade. All those who drank of the mixture were taken violently sick, aud at Jast accounts several persous were re- ported in a dangerous condition, among them the Hon. A. E. Perkins. DROWNED. Special Disvatch to The Tribune. Derxorr, Mich., Aug. 22.—The mystery which bas surrounded the fate of the tio sons of Bela Hubbard, a wealthy lumberman of this city, who left St. Clair Flats a week azo with the in- tention of sailing to this city, und were not again seen alive, cleared up this afternoon by fluding their bodies nnd_boat near Belle River, on the shore of Lake St. Clair, The ill-fated craft bad every appearance of naving been sank, and how it came to the surface isn mystery. It is conceded that the boat wasstruck by a squall, and capsized and sank; that the two Hubbards attempted to swim astiore, but, becoming ex- hausted, were drowned. Bpectal Dispatch to The Tridune. Ener, Il, Ang. 23.—A 4-year-old son of William Russell, a paiuter, was drowned last Ey ‘He was playing in a boat, and feli over- joard. é A TEXAS WIND. Gaxvesron, Tex., Aus. 13.—A News special from Orange says: “A terrific cyclone struck here from the northeast Friday.” The wind rapidly increased in velocity till 7 o'clock, when there was.a short luli, and the wind yeered suddenly to the south, blowing down fences, ° unroofing ~ houses, uproot- ing trees, and doing other damage. Nearly all the saw-mills were damaced, und sey- eral million fect of lumber blown or floaed away. ‘The steamboat Flora was sunk, and other steamers seriously damaged. Cars stand- ing on the track were blown off, railway cou- straction camps were demolished, and the la- borers compelled to seek the open prairie for safety. : ee DECIDEDLY CHEEKY. The “Whiteners” at Engel’s Leather-Factory on a Strike, Because a Drunken Workman Was Sum- marily Discharged. It has come to a queer pass in Chicago when as business man can’t discharge a drunken em- ploye without the employe’s fellow-workers threatening the employer with a strike unless the drunken employe ts put back. And yet just such a thing has happened within the past few weeks to the firm of Edward Enget é& Bro., leather manufacturers, of No. 201 Lake street. The firm recently passed through one strike, and generously granted the men thefr demands. Considerable work was going on at the time, which necessitated their putting on more men. When the hurry was over, the firm found them- selves {mn shape to discharze some of their help, and began a week .ago yesterday with one Conrad, whose bibulous habits led him to visit. beer-saloons oftener than was consist- ent with sobriety in a workingman. His fellow- workingmen, to the number of ten, without giving the firm any notice whatever, immediately threw down their aprons aud strack.. In tae fullness of time,—that is to say, in a day or two, -—they drew up and sent to the firm the follow- img warning: Messrs. Engel Bros.—GrxtiExex: You have discharged this morning Mr, George Conrad without any cause, and if you don't reinstate him “we are ound tostrike, although we are willing tosbare up with all and every man in the shop, and like to see the business in good shape tothe benefit of the pro- Dretora and hands. Please send word forthwith to No, 41 Crosby street. (Signed) ‘Tuy Commirrez or THE Waltxzns. For the information of those who are not “up” in the tecbnical terms of the leather trade, it may be stated that the manufacturers employ, among others, a class of workmen known as “ whitenere,” though, ia the choice spelling of the Committee, the pronunciamento issues from the “ waitners.” This particular class of workmen scrape the leather with sharp knives, and thus perform a part of the finishing process, which changes a rouzh hide to good, durable leather. ‘here ig a good deal of aknack jn the. thing, and the men at Engel Bros. have for years earned from $15 to $24 a Week at their trade. But they are cbivalrous, and, when a comrade gets drunk and is bounced, they propose to stick up for him, demand his reinstatement, and strike if they cannot enforce that demand in any other way. But Engel Bros. were not to be bulldozed. They informed the would-be intimidators that they didn’t propose to re- instate Conrad under any circumstances, and thereupon the strike commenced. It not only relieved the firm of these ten, but it threw some twenty-five finishers out of work, and . COMPLETELY UPSET THE BUSINESS of the shop, one partof which’ is so dependent ‘upon another. "There has been a good deal of talk among the manufacturers during the past week in reference to this arbitrary action, and the talk culminated yesterday afternoon at 3 o'clock in a meet- ing at the office of Grey, Clark &Co., and Engel Bros, at No. 201. Lake street, for the purpose of deciding what stand to take in the matter. ‘there were present at the meeting Messrs. Grey, Clark & Co., Edward’ Engel, Marcus Weil of Weil Bros., L. Pfeifer of L. Pfeifer & Co., Louis and George Eliel of Eliel &Co., R. Populorum, Thomas Hammond of Walker, Oakley & Co.,and James Sharp of Sharp, Clark & Co. The discussion was urely informal and took a wide range. Some of thoso present were at first in favor of fighting fire with fire, so to speak,—retaliating upon the strikers, forming a manufacturers’ union, and seeing the thing out in that way. Others, more conservative and more cautious, favored the peuce policy to start with, but intimated that, if the peace method failed, they would be as. ready as the next man to resort to more active mcas- ures. While the informal talk was going on, Mr. Grey submitted the following for the con- sideration of those present: To the Tanners’ and UCurriers’ Union: We, the tanners and curriers of Chicazo, deeming your action in regard to ordering a strike at the shop of Edward Engel & Bro. an arbitrary one. and onc that, if persizted in, would always cause trouble between the employe and the employer, would re- spectfully request of you to moaify your demands, or to leave to arbitration the present or any future difiicalties which may arise between us. eWisbing your Union a success, and believing: that our interests are mutual, it 16 our wish tbat we work together in, harmony, avoiding strikes, which are injurious to both oar intcresta, and hope your actions will be such that we can work in bar- mony together. By orcer of the tanners and _curriers, assembled at the office of Grey, Clark & Co., 201 Lake strect. Yn offering the above, Mr. Grey expressed the hope that the present difficulty might be" sct- tled peaceably. Most .of the men were fair- minded people, he believed, and. -it they saw that the maoufacturers were disposed to act fairly, it was his opinion that they would ap- preciate that spirit and meet them half way. MR. ENGEL REITERATED his statement made to the men,—that he would not take Conrad back under any circumstances, whether a refusal on his part closed his shop or hot. He believed, however, iu using all peacea~ ble measures first to induce the men to with- raw their demuud, and, if they failed, in form- ing a Manufacturers’ Protective Union. ‘Mr. Georec Eliel remarked that, if the work- ingmen carried their pot in this instance, it would not stop there, but the samo trouble svould be fornd in other shops. On the whole, however, he favored the measure proposed, at | Jeast until it became patent that stronger meas- ures were needed. “After some further talk, it was decided to sendacopy of Mr, Grey’s “policy” to the strikers at their meeting next Monday evening at Odd Fellows’ Hall, on Milwaukee uvenue,- near Chicago, and to await oa response thereto before taking any decisive action. The meeting then sdjouroed indefinitely, but the Tnanufaeturers will presumably be called to- gether at the same time und place nest Satur- day afternoon, if not sooner. THE WEST PARKS. Attorney Smith, Says the Park Board Must Concur with the Council, or Vice Versa. ‘A special meeting of the West Park Commis- sioners was held yesterday alternoon at their “office, corner of West Washington and Halsted streets. President Woodward occupied the chair, all being present except Commissioner ‘Wood. ‘The meeting was called to consider the ques- tion of the proper course to take respecting: the dedication of Washington street for park pur- poses. ~ "The following opinion on the legality of the ordinaace passed by the Council by Geo. G. W. Smith, the Attorney of the Board, was read:: Cmreaco, Aug. 21.—The Hon. Willard Woodard, president--Dean Stn: My opinion is asked upon the subject matter invoived in the resolution of the West Chicago Part Commissioners and the or- dinanee of the Common Council of the City, of Chi- co, Jately paesed, relating toa connection ‘be- tween the city and Central Park. [shall assume, for the purposes of this opinion, that the act of the Legislature of April 2 187 passed for the purpose of enabling Park Commis Foners to take and improve streets, is constitu: tional, and that action, oa generally contemptated. under it, may be taken and ‘sustained. : “rhe facts which are material to. tne question in- yolved, a3 understand them, are as follows: ‘pirst—PHor to auy action of the Common Coun- cil, the Board of West Side Caicago Park Commis- sioners determined to “select, take, and improve t+ West Washington street from tha river ~~ .-to Central Park,” in parsnance of the act Above mentioned. A resolution to that effect was passed, and is now of record. ‘This is the only ac- fion which hag been taken in that ochalf by that Board. ‘ucond—The Common Council having been ap- priced of theaction of the Park Commissioners ed an ordinance consenting that said Comms- Proners migbttake and improve West Washinzton Etreet =*fsom the west linc of Halsted street to Central Park, and West Adams street from Canal street to Central Park." iuird The Mayor of Chicazo prepared and fled with the City Clerk, before the meeting of the Council following that at which such ordinanco was passed, a messoge, returning the eame withont his assent; the mes: however, failed to reach tke Council at the meeting succeeding the meeting it which it was passed.” al Mor convenience of reference I attach hereto 3 copy of such megeaze, 24 pniblished in onc of the tnorning newspapers. It 15 not perhaps material To discuss the, question which naturally is sue- gested, whether or not said ordinance 18 to he Treated as having heen vetoed, nor dues it, seem \orth while to anticipate the action of the Council itn reference to the proposed repeal of such ordinance. : ; T assume the ordinance to be in force. | _ The act of 1879 comtemplates an ‘*improve- ment” to be made; such Improvement tobe the Connection of apublic park with any part of any fncorporated city lying within the district oF incotpry. the property of which aball be taxable for the maintenance of such park, and euch con- fection or improvement to embrace only euch gtreet or strects as are necessary to form one con- tinuons unprovement. On tnis point I think the r's message 18 conclusive. Mayors rt authorize this improvement it is re- quired that the Board of Park Commissioners, the Gity authorities, and the owners of a majority of the frontage of the lots abutting on streets takea shall concur. The subject matter of concurrence js the authorization of the ‘improvement.’ ‘When the improvement shall have been 50 5t-. “on St. Clair strect, thonzed, an aseessment on conuguous property abutting on the treet improved, for the first cost, may be made. - te; ‘i ‘he improvement contemplated, and to which he assent 1s required, is, in and’ of itself, an en- Seo and at divisible, y judgement, if the vark Commissioners anand ‘say that they. would take, for example, Nasbinston street trom Union Park to Central Park, that would be the improvement which wonld tenes Sis esnennreuce ran follow accard- : rY proceedings and concur- renice would be the basis of au asscasmaent, No as- oamene which dia not rest upon auch basis would If, for further example, the Com 1. mon Cc would decline to acceed to the action ats Commesioners in takine Washington street from Foion Park to Central Park, but should consent to the taking of Washington street from Canal street to Central Park, it would not then have concurred in the -*improvement”; and the same may be said as to the lot-owners, An owner might be willing tohave the improvement made if the street from Canal outward were to be improved, and might not be willing to assent if the improvement were to commence at Union Park. So, too, the public might be willing to assent to the appropriation of funds for the subsequent maintenance of the im- provement from Canal outward, and yet not for 9 shorter distance. . And the only ‘method of ascer- taining tne mind of the community is through the expression of its two representatives in this case, to wit: the Commissioners and the city authorities. ‘The coupling of another street is likewise # de- partare. ‘The conjunction forbids the idea of con- currents when all have not united in assent there- ae i ‘The sole power civen is that of concurrence. A failure to concur renders the act nugatory. Where there is power to legislate upon a general subject matter, subject to constitntional restrictions, one independent ports, of alaw may be valid, while another may be invalid, because it fails within the constitutional prohibition. This is not a similar case. An ordinance is inoperative which is not an expression of assent. e Park Commissioners having already by rec- ord signitied foele selection of West Washington street from the river . . . to Central Park, that record expresses the sense of the Bosrd, and exhausts its suthprity under the law toselect. If one improvemenMonly is to be made, for which & right of selection is given, when euch selection shall have been made there remains no further power in that behalf. While that resolution stands, Ido not think the Park Commissioners can depart fromits terms. If the ordinance of the Common Council conld be re- garded as capable of division, the Park Commis- sioners could not accept a portion of it, because Kbele act of selection tas been heretofore exer- cised. Tn the present state of the record, therefore, the Commissioners must be regarded as having taken their position, from which they mast either recede or await ihe concurrence of the city authorities. It is to the improvement, as I understand, au- thorized by thie record, that the majority of the owners of frontage on Washington street have as- sented. Respectfully, G. W. Suita. Some discussion followed on the subject, the members of the Board expressing the opinion that there was nothing further for them to do until the Council shall have passed a more specific and legal ordinance of curcurrence. The Board selected Washington streey last May, and sti!l adhere to the selection. ‘The Board adjourned until Monday, Scpt. L. a FIRES. ‘ AT FARMER CITY. ILL ‘Spectat Dispatch to The Tribune. Farmer Ctr, Il, Aug. 23—About 11 o’clock ast night an alarm of fire was sounded which called almost our entire city to the scene of destruction. The fire, which had its origin io a space between the stores of Garner & Bro. and Eppstein & Bach, was evidently the work of an incendiary. Most of the building being wooden, the fire spread rapidly, and within two hours more than twenty buildings in the very business part of the city were in ruins, including the fine building of the First National Bauk. At this hour it is impossivle to ascertain with any de- gree of accuracy the total Juss. The following is uearly acomplete list of thé’ sufferers, with the amount of insurance, but in what com- panies I have not been abic to learn: ‘M. B. Howard, grocer. FM. Bean, bu 1000 Eppstein & Becch...-... + 4,000 Carver & Bro., draggisis. 700 3. G. Watson, building. 500 Frank Savyster, grocer. 1,900 Murphy. saloon > "6900 Rathburn, buildin: 250 Bermon, jeweler 800 Biler, building... 500 Young, grocer, etock 1,500 Seltzer, furniture a 4.000 3,500 : 3,000 N. Heli 33.000 Lawman & Davidson, drags. 1,300 Dr. Wharton. ‘ 300 Waller, buildings. 3,000 Levy & Co.. dry goods and buildin; 14,000 Burford & Brothers. building. ‘400 Harrison & Sons, hardware ‘Farmer City Reporter,. pret ‘In addition to the abov ool Jost on stock: ‘no insurance; estimated valuc, 31,00. Charles Watson, baker, house; loss not Jearned. Kacbley, saloon; Gray, photographer, Joss not ascertained. 2 It was only by the greatest exertion the fire was kept from extending to the adjoining blocks. ‘The Joss is heavy, but is well covered by insur- ance. Webave no fire department, and there was but little oreanized effort to stay the flames. To this statement we must except those who worked so faithfully aud successfully to keep the fire from crossing the street from the Na- onal Bank to Gard’s shop and Burford’s build- 1g. ANOTHER ACCOUNT. Spretat Dispater to The Tribune. Farmer City, lll., Aug. 2.3—A fire broke out here last night’ at"11:20 between two wooden buildings, and before it could be stopped had consumed over balf the business partoft the town.- The town has no fire department, and there is no water. except from wells.. Twenty- four buildings burned,’ seven of them brick. ‘They all went like tinder, and the loss on build- ings is total. A portion of the stock fa some of the stores was’ saved, but how much it is impos- sible to tell. The list includes estimates of the value of buildings’ und stock, and the amount of insurance s0 far as can be learned at this time. The estimates are probably under the real value, and the insur- ance may be greater than’ stated. The total amount of property destroyed is about $35,000, on which is an insurance of about $47.000. * ‘The fire was incendiary beyond a doubt, but no clew exists. * ‘The following, is the list of losses so far as can be learned to-night: Jane Carr, damage to building, $300; insured in the Home of New, York for $1,200; M. B. Howard, grocer, loss $1,500; insured for $1,0001n the North Amer- ica M. Beam, frame, loss $1,509;. insure for $1,000 in the Farmers’ of Peoria. Eppatine & Bach, clotning, loss $8.000: insured’ tn the Home of New York for $1,000; Hartford, $2,000; North America, $1,000; Phenix, Brook- lyn, $1.000. Garver Bros., drugs, loss $2,500; insured for $700 in the Home of New York. J. G. Watson, frame, loss $800; insured for $500 in the Phenix of Brooklyo. J. B. Murphy, saloon, loss $1.5000n building and _ fixtures; insured for $600 in the Home of New York, and $250 in the North America. E. W. Songster, grocer, buildiug and stock, loss $2,500; insured in the ‘Springfield, Mass., io Phenix of Brook- yn. E. Bermon, jeweler, loss 3500; Insured for $800 in the Hartford, Conn. George Ogler, puilding, loss $700; insured for $500 in the Home of New . W. Young, building, groceries, and stock: loss $3,000; insured for $850 in the Farmers’ of New York, and $650 1n the Meriden, Conn. Harrison & Son, hardware stock, loss $4,000; insured for. $1,900 in the Home @ New York, and $1,500 in the North ‘America. R. H. Seltzer. furniture and build- ing, loss $0,000; insured for $1,500 in the Home of New York, $1,500 in the Hartford, and, $1,000 iu the Fireman’s Fand of San Fran- cisco. Albion Smith, Jeporter office, _ loss $2,500: insured tor $750 in the Fireman’s Faoa. and $500 in the Hartford. First National Bank, building, loss $5,000; insured for $3,500 in the Phenix of Brooklyn. C. Burford, building, loss $600; insured for $400 in the Fireman’s Fund. H. Levey. & Co., dry goods, clothing, und building, Joss $10,000; insured for $3,000 in the tua, $3,000 in the Under- writers’ of New York, $3,000 in the Scottish Commercial, $2,000 in the Hume of New York, $1,000 in the Phemx of Broolyn, $1,900 in the North America.- Lawmon & Davidson, drugs; Joss $2,000; insured for $1,500 in the Mellvitle ot New Jersey. E. L. Waller, building; loss $3,000; insured for $1,000 ia the Home of New York. '—Benn, frame buildings, loss 34,000; insured for $3,500 in the Pennsylvania and $1,400 in the Farmers’ ot Pennsylvania. Mary A. Helmich, — buildmgs; |, loss $14,000; insured for $3,000 in the enix Of Hartford. J.’ G. Caskley, saloon, loss $300; jnsured for $1,000 in the Underwriters’ of New York. Dr. Wharton, office fixtures, loss $50; insured for $250 in the Fireman’s Fund. Masonic Lodze, loss $1,000; insured for $500. Chapter, total loss of $500.’ Peter V. Cool, confectioner and baker, loss $1,000; insaraace unknown. It js probable that most of the owners will rebaild With brick. During the fire David Farmer fell from the roof of a building aud was badly. burt. James Robinson was also burt. Walter l.cbman was cut in the face while rescuing parties in the second story of one of the buildings. AT CLEVELAND, O- Cuvevann, Aug. 24—1:30 a. m.—A fire broke out inthe raz warebouse in the rear of the Cleveland Paper Company’s establishment, sbout 9 this evening and partly communicated to the main building. The are is still burning, but {s under control. ‘The extent of the loss-cannot be ascertained to- night, bus provably ‘will reac. $30,000, - LOCAL CRIM Martin Flannigan Found Gisilty--- Stewart Adultery Case. An Innocent Man Arrested—Police-Oourt ; Items. s ‘The residence of Cuarles Pope, No. 513 N orth La Salle street, was recentiy visited by day bur- glars, who made off with about $150 worta of property. . © George W. Payne, alias ‘ Nibsy.” a profes- sional thief who used togive the volice of this city a great dealof trouble, nas been arresied at Winona, Mion., charged witn burglaries and highway robberies in towns along the Milwau- kee & St. Paul Railroad. Two other thieves, whose names are unknown, broke jail, and are now supposed $0 be in tais city. J.C. Feldeman, mentioned some time ago in connection with the Feldeman jewelry case, Was brought before Wallace, charged witb larceny. He had beenin the habit of getting jeweirr from J. B. Chambers & Co. tu sell on com- mission. Thelast time he took two watches, but failed to makea return, and he was ar- at He was hel? to the Criminal Court iu For some time past small quantities of grain have been stolen in this city from freight-car3 along the Baltimore & Obio tracks. It was de- termined to put a stop toit, und a watch waa set. Yesterday three boys. giving the names of Charles Vireil, Fred Schultz, and Joba Kepka, were arrested just after having helped. themselves to several bushels of wheat. Justice Caliees held! them in $200 each to the Criminal rt Girard Augustus Pellage, a saloon-keeper at Ne. 93 North Wells street, was yesterday ar- rested upon a warrant sworn out by his wife, Jennie Pellaze, of No. 111 Ontario treet, charging him! with an assault with intent tocommit murder. The assault was e violent one, but Mrs. Pellage is now out of all danger, though suffering trom a dislocated snoulder. ‘The case will form the basis for a divorce suit. Martin Gareis gave $500 bonds for the appear- ance of Pellage in the Armory Police Cours Monday morning. Officer Patterson, of the Lake street squads yesterday arrested upon the arrival of the Steamer Faxton from Milwaukee J. D. Saw~ telle, charged with the embezzlement of $100 from his employer, T. C. Hogle, of No. 281 South Water street. He owas held. over tothe Criminal Court by Juitice Prindivillo last. Friday, and while being taken to jail be as~ aulted the officer and. got away from. him. Sawtelle isthe man for whom Hetterick was mistaken and arrested upon the arrival of the boat at Milwaukee. ‘The officer had’ mittimus for bis man, and left him at the County Jail while on his way home. r William Harlev, a Milwaukce-avenne clothier, was before Justice Walsh vesterday upon a disorderly warrant sworn out by Johanna Giessing, a servant toraerly in his employ. The complainant alleges that be made indecent ‘advances towards her as% Thursday morning, but did not. succced in ac complishing his purpose, while Mr. Harley claims that he discharged the girl durirg the absence of bis wite from home because sho would not prepare (his meals. Mr. Harlev {3 quite a prominent man in that section of the city, and the case has been agreat source of scandal. 3 RUSY BELL, 7 the red-headed. terror] of ‘+ Biler”” axenue, 23 before Justice Summerticld yesterday, propably for the fifticth time. ‘For once the tables were turned and Raby went free. She deciared that Constable Pat Doran, whose name has figured. lo, these many times in the newspapers, had put up a job on her. She told Charley Cameron that several’ times in the past she bad rewarded Doran with $3 for packing Justice- Court juries to acquit her, and she declared that it was only when she refused to “bleed” any more that,Doran caused ber arrest. Camerow pronounce: the case to be a shameful one, and a fit subject for fuvestigation by the Grand Jury, :and apparently the Justice thought so tov, for he told Rubs to go home. THE STEWART ADULTERY CASE came up betore Justice Hammer for the third time yesterday afternoon. The defendants, James Holland and Mrs. Stewart, entered the court arm in arm, but for some reason they bad been deserted by their attorneys. ‘The case was proceeded with, however, the prosecution bring- ing forth Patton, the detective, the keeper of the lodging-house where the guilty, pair bat been fiving, the husband, wud sowed, few others, a3 witnesses. On the part of tne defense no testimony was offered, the two de- fendants seeming to be resigned to whateves fate might await them. Mrs. Stewart apoeared yery much excited during the trial, and gent out for her child, a bright-looking miss of 7 vears. "This was probably done to excite sympathy, but the flinty-hearted Justice would not reient. Ho bound the pair over to the Criminal Court is $500 bail eacb, but, as they were unable to pro- cure this, they went over the river. MARTIN FLANNIGAN. The case of Martin Flannigan, charged with personsting an ollicer and carrying concealed weapons, came up before Justice Wallace yes- terday morning. Flannigan dia not appear, consequently the bond was declared for- feited, und @ summons was issued for the ‘amount, $300, upon the bonds~ men. Station-Keever Mahoney, Officer Mead, Acting-Saperintendent O'Donnell, Clerk Bren~ nan, and Otficer Quinlan all testified to te ef- fect that Flaonigan bad reoresented himself a3 ‘an officer, and that he had not been connected with the police force since August, 1670. : Of- ficer Mead testified to having found a ioaded re~ volver on the person of Flaunigan. ‘The bizb- est tine in eacb case, $100, was imposed. - TUE JUSTICES. Justice Walsh: Stephen Kymal, bastardy, $800 to tne 29th; Jobn Lippert, Mie tool thier, $500 to the Criminal Court. Justice Wallace: William Clifford, shooting John O’Keele, who is not yet able to be about, $1,000 to the 23th; Jobn Ryan, attempting to tap a till, pov ta -the Criminal Court; James Jonson, caugnt stealing some bread at Templeton’a bakery on Randolph street, $200 to the Crimi- pat Court; Jobn Phillips, cutting another col- ored man named John Baker in a saloon row ut No. 282 Third avenue, $1,000 to the Criminal Court; Frauk Ryan, caucht stealing a horse wick busey from Dr. Heory Mervkle, of No. S43 Michigan avenue, $800 to the Criminal Court; John Murray, attempting to ravish Mary Kane, 8 years of age; $300 to the Criminal Court; J. CG. Feldman, Jarveny as bailee of some watches from J. B. Chambers & Co., $300 to the Crimi- nal Court. Justice Kaufmann: Charles Simp- gon and John Jones, caught playing three cards with a Granger in Lincoln Park, $300 each to the 28th. MINOR ARRESTS? Hugh Gillick. pickpacket, arrested for vagran- cy; Charles Johnson, a messenger ip the employ ‘of Wade Abbott, atawyer, who charges im with stealing $41.50 cash; Nellie Wouds, op ermmg yousg wuman, who was found by her mother in a house of ill-fame at No. State George Parker, charged with tapping the till of a downtown saloon; Wiltiaw, aliug “Bid? Houlihan, one of the oote- rious safe-burelara recently let of by Justice Walsh upou condition that be leave the town, and who was captured at the corner of Adains and Halsted streets last evening; Thowas Blackman, alias Harrity, another of the boot- Dlacks charged with tle theftof some clotaing from Moses St. Clair, of No. 143 Mouroe street; Neltic Boyd, larceny of $30.53 trom Merman Warners whom she roped into her den yester- Ly ‘ME WRONG MAN ARRESTED. A telegram from Milwaukee, publisbed in yesterday’s TRIBUNE, stated that Howard Het- tick had been arrested there Friday evening on the arrival of the steamer Faxton, the charge against him being embezzlement. It seems that Actiugy Superintendent O'Donnell seut a dispatch to “Milwaukec’ requestinys the Coief of Police to arrest a man whose de- scription was miven. Detectives went to the Faxton and picked up Hetrick, who answered the description ¢xcept as to the hair—that mentioned in the telezram beiny “black and curly,” while his is brown aud gray. Nevertheless they arrested bim and Jocked nim up. Yesterday moraine Detective Simmons went to Milwaakee, but uot knowing Hetrick told bim be would better come to Chicago To this he, of course, agreed. On ar- nving at the Police Headquarters it was found that the other fellow—the real cul prit—was in custody. His name is Sawtell, and he was wanted for stealing about $400 frum. his employers, a South Water street firm. Supt. O'Donnell at oace apologized to Mr. Hetrick for nis detention, und notified the Milwaukee officers by wire of their mistake,- and requested that ao correction he made in the newspapers, Mr. Hetrick having noconnection whatever with Savwtell or his crookedness. Sawtell, it appears, was on the Faxton, and read the .account of Hetrick’s arrest, und laughed overit. He re- turned to this city on the bout, and was spore- hended at the Clark-street bridge. —————— ‘Wash the scalp with Glena’s Sulphur & ‘ moveduuurufandvealdbed. em 4 4 " easi see eNy Thageseeay A 2 pees ene Rion amsaanec a pe Be