Omaha Daily Bee Newspaper, March 11, 1887, Page 1

SIXTEENTH YEAR. OMAHA, FRIDAY MORNING, MARCH 11, 18S7. A HOT TIME IN THE HOUSE The Omaha Oharter Discussion Nearly Leads to a Personal Encounter. SMYTH AND RUSSELL VERY WARM Charges Against Members of the Ju- diciary Committee Taken Down By the Clerk—Scveral Scce tions Acted On, Doings in the Homuse. LixcorN, March 10.—(Special Telegram to the BEer.J—On motion of Mr. Smyth of Douglas the house went into committee of the whole to consider the Omaha charter, Mr. Cole of Adams in the chair. The governor announced that he had signed house rolls 105 and 137, the former locating the institute for incurable insane at Hastings, the latter taxing insur- ance companles on the excess of premiums over losses, Mr. Caldwell moved that only the amended aooélnns of the charter be considered. Car- ried. Section 3, coniining the city limits to twenty-five instead of thirty square miles, was approved, Section 11 was read. Mr. Smyth wanted the city attorney elected as well as the comptroller, Mr. Agee wanted all the officers elected. Mr. Youne was opposed to long speechies and said it made no difference whether or not the officers were elected or appointed. Mr. Whitmore read a letter from Kred Gray advocating the election of city attor- ney. ‘The section making appointive the city attorney and city clerk, and elective the mayor, police judge, treasurer and comp- troller was adopted. Section 12 was adooted, destroving the property qualification for councilmen. Section 48 wes adopted, limiting the re sponsibility of railroads to erect and main- tain approaches to viaduets to 500 instead of 1,200 feet. Section 50 the ]ulllv-inr{ committes struck out, reguluting telephone and telegraph companies, the charges of the lat- ter and the right to compel all electric wires to be put under ground, was lost and the clause in the original bill' supplying these de- fects was adopted. & Section 64 conferred power on the council to appropriate private property for park pur- poses, tan miles bayond the city, Mr. Slater objected to the appropriation of land for parks because the latter were not a publie necessity. Mr.Smyth showed the necessity of parks and the merey at which thecity would be at the hands of land owners if it sought to lay out parks without this authority, This condem- nation of property had been legalized by the supreme courts of Illinois and Missouri and other states, Mr. Agee and Mr. Caldwell opposed the condemnation, especially at a distance of ten miles from the city. j Mr. Andres showed the necessity of parks and Mr. Whitmore scouted the idea of taking anybody's property without compensation and the unaniwity of the people in the crea- tion of parks. Mr. Miller of Butler and Mr. Russell of Colfax spoke against it, the latter denying that the supreme court of Missouri had hel as had been represented by Mr. Smyth, Mr. Garvey thought it was a farce to go ten miles beyond the city limits, Mr. Fuller vociferated against the bill. Mr. Harlan wanted to know if the judi- clary committee thought ten miles too" far, why did they not amend it. The Lincoln charter proposed to appropriate property in a way which could be construed in the same manner as that of the Omaha charter, same provision was in the old chartar. land could not be taken without being paid for and how the damages should be assessed Mr. Smyth showed that the case cited by Mr. Russell in the supreme court of Missour1 had no bearing on the question. The people of Douglas county were not opposing the sec- tion. He read a [ist of leading citizens who fuyored the same, Mr. Keiver denied that rnrks were luxu- rlous. He demonstrated that they were for mora] and physical benefits, Men who op- posed these parks rose up with the mark of rallroads upon their brow and never objected whether these extortionate monsters ran their lines through the farm, the wzarden or the graveyard of our relatives. "The judiciar; amendment cutting out “parks” was adopted, Garvey alone of Douglas voting in the aflir- mative. Adjourned till 2 p, m. AFTERNOON SESSION, ‘The Omaha charter was called for consid- eration, Mr. Cole being in the chair. A motion to shut off long speeches was twice declared out of order, Mr. Gafford of Gage moved to reconsider the vote by which section 64 was adopted. Mr. Whitmore said the same features to which objection had been made 1n the mo ing were also found in the Lincoln charter. He was surprised to find the Lancaster d F"“““ votitg against the Omaba charter, and ie now gave notice that when the proper time came if the Lancaster people still per- sisted in their opposition he would move to strike out from the Lancaster charter the features which were now denied Omaha. Mr. Caldwell—You can’t do it any too early. Mr. Gafford held the same views as Mr. Whitmore, and read the following section from the Lincoln charter in support ot hisopinios To exercise the power of eminent domain and to take private g»m[y erty for public use, within or without the city, for the purpose of erecting or establish- ing market houses and market places, streets, hospitals, public buildings, cemeteries or for any necessary or authorized public pur- poses,” Mr. Agee said if anybody would convinee him that the same thing to which he objected in the Omaha charter were in the Liucoln charter he would vote agalnst the latter as he pronosed to vote against the former. But it could not be done. Mr. Smyth held that the construction of the section In the Lincoln charter involved ame principle as that_ in the Omaha charter, namely, public doviin, and they wanted that right simply to condemn prop- erty outside the city for park purposes, and not for features which properly belonged within the cit, Mr., Gar otatled the donation of a plece of ground by A, D). Jones some time ago to the city of Omaha, one of the considerations of which was that when the l»rupv.‘fl_\‘ was di- verted from its uses it would rovert to the donor. He beld that when Omaha wanted to go outside tor a park it would have the park donated. ‘The motion to reconsider was lost by a vote of 4210 34, Section 79 in the amendment is as follows: “Upon the completion of such coby of said assessment roll the eity clerk shall add to such roll all storehouses, warehouses, shops and other buildings within the right of way, oralong, or adjoining or adjacent to any sidetrack of such railroad or within the rigit of way of such telegraph company used for purpose of rent by said company, or for pur- Pposes othier than the ordinary operations ot said company, and not appearing upon the county rolls by reason of having bDeen re- turned to the state board, or otberwise as- sessed the same as personal proverty as near as may be to correspond with the ‘assessed value of like property on saia county roll for the purpose of taxation for munieipal pur- poses and such assessment shall be subject to eT\l\lIn\lnn by the city council the same as other proverty when sitting as a board of equalization,” For this the Douglas delecation supported the section of the original bill as tollows: “Upon the completion of such copy of said assessment roll the eity clerk shall add to said roll any and all real estate in snd city belonging to” any railroad or telegraph com- pnu{; and not appearing upon the county Toll by reason of having been return ed to the stato "board, or otherwise, and assess the Sawe, as near as may be, to correspond with the assessed value of lllwmo{»rty on sald county roll, for the purpose of taxation for municipal !:m'posu. and such assessinent shall be subject to equalization by the city couneil the samne as other rmnenv Wwhen sit- llnf as & board of equalization. Provided further, that every person shall be entitled to %r.owny of the value of $200 which shall : exempt from taxation for general muniel urpose: . A, Stayth spoke in favor of ths adoption of the original section, Why should not the Tallroad compan; aS 0D, y be taxed as well hold other property owner? They now pay $5,000 when they ought to ba paying 30, Tney require the protection of every city depurt- ment whichi the 1IeT tax payers now require. He hoped the judiciary committee would not be accepted, because it was illegal, and be- cause it would deprive Omaha of a great deal of its legitimate revenue, which would amount almost to annullment, Mr. Agee declared that the section of ‘tho - original bill was 1llegal, uncoustitutional, as it would in effect be double taxation. Mr. Russell replied warinly to Mr. Smyth, showineg what lie allezed to'be inconsistent in the latter’s conduct, and_referred to a roll of seventy-five leading citizens who were opposed to the taxation of the rallroads. Mr. Sinyth replied to Mr. Russell, usinz an inuendo that the latier and the members of the judiclary committee had been daily re- sponding to lobby calls and nightly asse ciating with buwimers, while his own habits B been greatly ditferent. This brought Mr, Russell to his feet with a demand for the name of the speaker's in- formant. Mr. Slater made a similar demand, to which Mr, Smyth refused to accede, ‘The chair asked Mr. Russell if he desired the objectionable words to be taken down, and, upon being answered in the aftirmative, oraered the clerk to take them down. Nothing turther was done in the matter. Mr. Slater spoke warmly against the last two lines ot the Douglas substitute referring Lo exemotion frou taxes of $200 of each prop- erty-holder, Mr. Himrod appealed to all lovers of rail- road legislation to note down the judiciary’s amendment. The amendment was carried, Sectlon 95, which provides that the report of the rshall always be open to on of ofticers and citizens, was also ction 104, providing for a board of publie works of three members, with several other requirements, was read. 'I'he report of the Douglas delegation favored the original bill, which provides for tive members, Mr. Whitmore moved that Mr. Connell be allowed to address the house for ten minutes on this section. 'The motion was lost. The winority Douglas report was read with the other.” Mr. Young said that he now felt lik 0\'org; other member of the Douglas delegation, absolved m further allegiance of voting with the majority of that body, and he hoped that the recommendation “of the Judiciary committee as regards section 104 would be adopted. Mr. Whitmore said that, under the old board of public works clause, contractors had wmade large fortunes, showing thatit was possible for them to override the people. Mr. Agee spoke against the original sec- tion and read telegrams fro Mayor Boyd, Mr. Poppleton, W. V. Morse, C. Bruner and Guy Barton supporting his stand. Mr. Andres and Mr. Heimrod wondered why Mr. Agee had sentto Omaha for opin- ions when they might have gotten them from the Douglas delegation. Mr. Smyth sa'd they stood there not so much in favor of the ex-ofticio part of the sec- tion, and moved an amendment to strike the same out, Mr. Russell sald that he believed the hasty manner in which the Douglas delegation had changed their charter showed that they were dishonest in their aim., They had said that if they were given section 104 they would be satisiled with everything else. Mr. Andres—Who said so? Members of the Omaha delezation? Mr. Russell—Yes, sir. Mr, Andre: t's not true. Mr. Whitniore said that contractors in Owaha under the old law had pooled their issues, and createtl a monopoly of the con- tracts, ‘The new charter had ‘been made to Erc\‘enl that ocenrring again. IHe thought if Mr. Smyth’s amendment should obtain the rest of the section 1t would be 5 board of public works of which the city en- gineer wis not a member. In the records of the boodle aldermen in New York and Chicago it was not the heads of departments who were corrupted, but the councilmen. 1t made no difference to him whetber Mr, An- drew Rosewater was the city engineer of Omabha, thouzh he would say "that that gen- tleman had ftilled the position for ten years under democrats and republicans and’ that fact alone was a proof of Lis ability. More- over, he had heard that Rosewater would not accept the position again under the old law, e understood that public works had cost thousands of dollars more than was needed. Mr. Smyth’s amendment to the amend- ment was lost and that of the judiciary com- mittee was adopted. Section 105 making the city enzineer's bond £50,000 and that of the assistant at 25,000 was adopted. Section 110 destroys the creation of the of- fice of comptroller. It was eatried, Section 116 was adopted providing for the consent of the proverty owners instead of two thirds of the council bafore a ch: of grado can be affected. ‘The city printing was left open for bids to u]llpalpl-xs having a geirculation of 2,000 in the city. Section 172 was adopted making it an of- fense punishable with a fine for any city of- ticer to be interested in sales to the city. Several otner sections were amended but they were unimportant, ‘T'he clause relating to parks was recalled. Mr. Smyth referred to the subject as having come up before, and the chair announced the sawe thing, and this caused Mr. Russell of Colfax to ejaculate, “Yes, the same old chestnut.” Hr, Smyth had the floor and sneeringly said: *‘Yes, chestnut—a chestnut which you don’t like to take because those who direct you have ordered you not to take it.” Mr. Russell—Well. Mr. Smyth-—Yes, and if you had the spirit of a man, or the instincts ‘of a gentieman, you would not use such & word on the tloor of the housa. Mr. Russell here arose and stood in the aisle facing Mr. Smyth, and several members rose in their placesasif an attack were in- tended, Mr, Smyth continued: *But it is because youare a coward, I'm ready to meet you either here or on the outside, either now or when this is over. I've got the tloor.” Mr, Randall—Yes, and if the gentleman has the toor it would be well for him to re- frain from personalities. The storm then blew over. CURRENT E : APPROPRIATION. ‘The appropriation for current expenses of the state till March 1, 155, aggregating 1,241,012.10, as ordered éngrossed yesterday afternoon by the house, comprises the follow- ing items: nge er 20,0 secretary of s of public accounts, § superintendent of ‘pu s attorney general's, $5.000; commission publie lands and buildings, $2,800: board of urchase and supplies, $500: board of publie ands and buildings, 20,500 board of educational lands and ~ _funas, $35,000; supreme court, 14,1603 state 'library. $2,000; normal - school at Peru, $15900; penitentiary, $201,422.153 Lincoln insane asylum, $174.400: same at Norfolk, $75,500: “institute for the blind, $24,700; institute for deaf and dumb, $53,250; reform school, $85,040; home for the friend- less, $24.505.30: institute for feeble minded, 850,454, siate university, £165,000; fish commission, $10,100; live stock sanitary com- mission, §233.000; railroad commission, $5,%0; miscellaneous, $212,350, Scnate Proceedings, LINCOLYN, Neb,, March 10.—|Special Tele- gram to the Bee.[—=The bill defining the boundaries of Arthur county, carved out of the unorganized territory lying north of Keith and east of Chevenne counties was passed by the senate. The bill defining the boundaries of McP’herson county, lying east of Arthur county was passed. The bills de- fining the boundaries of Grant, Hooker aud Washington counties were passed. An attempt was made to throttle senate file 49, which Mr. Meiklejohn introduced and advocated o strenuously, ‘The bill came up on toird reading and a motion to recommit to committee of the whole opened up debate on the merits of the bill, which occupied over an hour. The lobbyists, however, were snowed under and the bill was passed with & good majority, The vote upon the bill was as follow: 'eas—Brown, Calkins, Casper, Duras, Fuller, Higgtus of Cass, Higeins of Colfax, Holmes, Keekley, Lindsay, Lininger, Linn, MeNamar, Meikiejoln, fobbius, Sehminies Shervin, inull. Sprick, Sterling, Tzseluck, T 22, Nays—onesteel, Burnbam, Conger, Kent, Moore, Vandemark—6, A recess was then taken untit 2 o’clock. AFTERNOON SESSION, At 2 o'clock the senate resumed the order of bills on third reading and passed_the bill providing bounties for the sealps of certain wild animals: also the bill relating to assign- ment of property for taxation, ‘The senate went into committee of the wlhole and recommended the passage of the bill for organizing government of cities of the second clas ‘The bill creating the office of abstractor of title and to deiine the powers and duties thereot was killed. ‘The bill defining the boundaries of Thurs- ton county was Killed. Mr. Sterling’s bill providing for the pay- ment of bonds out of the sinking fund for internal improvement was recommended to pass. The bill making personal taxes delinquent the 1st aay of May was recommended to pass. House bill 110, to maintain and build bridges exceeding 500 feet by the county board, was recommended to TM!' Bills for normal school buildings at Fair- bury, Ord, Wayne, Plum Creek, Franklin, Loup City and Fremont, were recommended to, pass, The bill exemptinz disabled veterans of the late war from paying voll tax was recom- mended to pass. The bill exempting pension money from attachment was recommended to pass. ‘The bill authorizing county commissioners to furnish books and stationery to county attorneys was killed. The bill making pocket picking a felony, with penalty of not less than one year’s im- prisonment, was recommended to pass. The committee arose and the senate ad- Journed. o Teachers Organize. DAvID City, March 8.—[Correspondence of the Bek.|—The teachers of central Ne- braska metin convention at David City to- day, to orzanize the Central Nebraska Teachers’ association. About one hundred teachers from the nine counties included in the district were present. The assoclation was called to order by Superintendent Cooley of Butler, and proceeded at once to the permanent organization. L. D. David- son, of Stromsburg, was unanimously chosen president and W. J. Wire, of Seward, secre- . President Davidson thanked the asso- ciation for the honor conferre n him and proceeded at once to state fully the object of the assoclation. The programme previously vrepared was carried out and brought about a deal of lively discussion. The next meet- ing is to be "held at Seward May 13 and 14, Over three hundaed teachers are expected to attend, Nebraska has no need to beashamed of her educators. The Cider Was Intoxicating. Svrroy, Neb., March 10.—|Special Tele- gram to the Bre.]—The trial of Willam Ryan, a saloonkeeper, for selling without license, before Judge Weed, resulted in his conviction, and he was fined $50 and costs, G. W. Beemis and Judge Burnell prosecuting and C. H. Tanner defending. One witness testified that he had became intoxicated by drinking cider. The defense admitted the cider, but claimed that it was straizht goods and not intoxicating, Mr. Beemis made an able argument, showing that cider, when fer- mented, contalns alcohol and is 'an_intoxi- cating beverage, and the sale of it prohibited under the ordinance prllhibilmr; the { intoxieating drinks. Unusual interest s manifested by citizens here in these cases. ministers and business men attending the trials and lending moral support to the mayor and other temperance people who are push- ing the tight. Pushing Improvements at Sutton. Surroyn, Neb., March 10,—|Special Tele- gram to the BEk. |—The board ot trade was in session to-night conferring with Mr. Bird, of Plattsmouth, and making arrangements to start a canning factozy at this pont. The capital stock is to be 810,00, The people will subseribe liberally and every encouragement will be given to push the scheme and com- mence work on the plant at once. Several new brick blocks are being planned for the coming summer, Samunel Conn, the recent purchaser of the flouring mills heve, is planning for a four-story brick structure, and a general enlargement of the capacity of the mill. It will then be one of thelargest in the state, Farmers generally in the surrounding country are seeding and the spring work has commenced in earnest. New Silver District Discovered. Rarmo Crry, Dak.,tMareh 10, —[Special Telegram to the B —Great excitement prevailed here to-day caused by the discc, ry of a new . silver district located about iive miles west of town. This is about twenty miles nearer this city than any other silver locations and is considered by those posted to be a very valuable find, It was first dis- covered by tw 1 employed in & sawill, who told one Bissel, who located the shaft and struck a vein two feet in thickness which, being analyzed, yielded 100 ounces to the ton. A great many, including a number of the best business men, were out and lo- cated ciaims to-day. Rallroad Work at Stromsburg. STROMSBURG, Neb.,Mareh 7.—[Correspon- pondence of the Be.|—Our town is full of railroad men. Over four hundred are now engaged on the Omaha & Kansas City road between here and York. Grading is being pusheda at a lively rate, notw hs!;\udln% the frost yet 18 in the ground. ~Strowsburg b fair showing for becoming a division. . Run Over and Killed. KnvparL, Neb,, March 10.—Charles John- son, a_Swede, was run over by a wagon and died this atternoon. He was injured in- ternally. A HOIH?II!I; DISCOVERY, The Ghastly Find of New Jersey Of- gossip for the people of New Brunswick, entric and wealthy, yet living in squalor in a wretehed hovel underground, they furnished material for many a news story. For the past two months rumors rela- tive to the condition of Mrs, mnuel Den- mead have been flying about. It being utterly impossibie to secure entrance to the hovel, owing to the fierce conduct of Samuel Denmead, no one solved the mystery until to-day. A warrant for the arrest of the Den- meads was issued this afternoon upon com- plaint of Mrs. Hrundage, of Piscataway, and Chiet of Pollce Fouratt, accompanied l‘:}' ofticers, reporters and relatives of the enmeads, proceeded to the hovel. On reach- ing the door they were confronted by John Denmead, one of the brothers, who at- tempted to prevent their entrance, but he was easily overpowered. As the door opened a frightful stench assalled the nostrils of the party. Johu Denmead, seeing that resistance was useless, procured a light and led the way into the rear room, where, upon the same bed, lay the dead bodles of Cor- nelia and Robert Denmead, horribly decomposed. When asked why the fact of his relatives’ death had not been made known, John Denmead said: “We are afraid thoy would be taken away from us.” Ofticers were placed on guard at” the hovel and John and Samuel Denmead were taken into custody. A eoroner’s jury has been em- panneled to determine the cause of the death of the Denmeads. John says that they both died five weeks ago and that he wanted to have them buried and out of the way, but Samuel would not listen to it. The bodies have been removed by order of County Physi- cian Rice. When Samuel was taken into the wash room of the jail to be given a bath he fought like a tiger, The coroner's jury will weet Monday. ——— Five Years for a Shot, £w YoRK. March 10.—Louls Rierel, who attempted to kill Surveyor of the Port Beat- tie, 1n the custom house last October, was seutenced to-day in the United States dis- trict court to Live years in state prison, i Miners Strike, Brussers, March 10.—Twenty-four bhun. ‘!‘rrl:ll. winers have struck in the Borinage dis- | FRANK RAINSBARGER GUILTY, Ead of the Famous Murder Trial at Mar- shalitown, Iowa, LIFE IMPRISONMENT ORDERED. Story of the Bringing to vastice of a Gang That Rivalled That of .5 Jesse James—Other News From lowa. A Muarderer Convicted. MARSHALLTOWN, Ia, March 10.—([Special Telegram to the Bek.—At 6 o'clock this afternoon the Frank Rainsbarger jury, after being out twenty-two hours with but one meal, found the defendant guiity and fixed the punishment at imprisonment In the pen for life. On the start the ballot stood ten for conviction, three being the largest vote for acquittal at any time. The defendant was Immediately hurried to the court room, showing his first nervousness. He received the verdict, however, with composure, A disagreement was popularly expected, Nate Rainsbarger, convicted a year ago of partici- pating in the same crime, was returned here from the pen last night, the supreme court having reversed his case on a technicality For central lowa particularly the Rains- barger cases have an intense interest, The “Rainsbarger country,” socalled, is a strip of rough and partly timbered land Iying along the Iowa river, beginning about fifteen miles northwest of Marshalltown and reaching nearly to Ackley and lowa Falls on the north. For twenty-five years it has been infested with thieves and desperodoes to whom the Rainsbargers (five brothers, Frank, Nate, Fin, Mans and William) held a reia- tion like that of Jesse and Frank James to their gang, at least in popular estimation. ‘There were stealings, outrages, mysterious disappearances and murders, but such a reign of terror existed among the residents that until recently nothing was attempted except ineffectual organization for, self pro- tection. The law was powerless, The com- munities of Steamboat Kock, Abbott and Eldora were .the centers of the disturbances. In 1870 Bob Fiskin, depot agent at S boat Rock, who was known to have his person, disappeared and no tra has ever been found by his relatives, who searched diligently. His disappearance was followed a few s since by that of ( Boyer, an Abbott creamery man, who had just drawn $1,000 pension money, A few months previous to the trial just closed, a letter, purporting to have been written by him in California, and demanding his back pension money, was received by the pension agent at Des Moines, but it is allezed that it was a forgery, - pepetrated for eftect upon the fortheomin trial. Upon the e iug ot November 15,1884, Enoch Johnson, father of Mrs, Framk (Nettie) Ramsbarger, who had been chlr{ed with counterteiting, bailed out by Frank and Nate and living with them, was murdered on t! L from Gifford to Abbott. His life w: sured favor of Nettie and the boys. convinced that Frank and > him to prevent beth his ‘‘peaching Jumping bail, and also to secure his insur- ance money, and in January 1835, charged them with the crime. The law and order ele- ment rallied around her and the boys were held to trial. Things were now in an uproar. 1In addition to her testimony at the examina- tion February 7, 1555, 'she wrote Frunk (then in jail with Nate in thisclty for a * letter wluch was publishes an in which she r:nuzed he boys of the crime, intimatfag also other things in which they had been_engaged. On April 16 Henry Jolins, a wealthy brother-in-law uad alleged backer of the hu{.\ was shot while driving from Abbott to his farm, afterwards dying of his wound. On_ June 14 Coroner (now Senator) Underwood and Dr. Ritenour, while driving from Johns' residence, where they had been attending the wounded man, were ambushed and shot at, their carriage being riddled by bullets, but neither were hurt.” Fin, Mans and Wiltlam, with Johns, were supposed to have been the attacking parties and Fin and Mans were arrested the next day and lodged in the Eldora jail. ‘That night the jail was broken into by a mob and Fin and after a helpless resistance, were shot do As illustrating the fear- lessness of the boys it could be added that the next day following this fearful tragedy William Rainsbarger and Ed Johns, the two others accused of the Underwood shooting, rode boldly into Eidora and gave bail for their appearance. Now 1t is said there are grave doubts whether any of the four were guilty of the charge. Dr. Ritenour soon after, moved by the supplications of his family, moved from the county, but as a rule those actually m!m\%fld in forcing the Rains- bargers to the wail held bravely out against all sorts of threats, Threateniug letters were sent to every one supposed to be in sym- pathy with the prosccution of Frank and R’:\te for Johnson’s murder, and acts of in- timidation and outrage were of daily occur- rence, and were, of course, promptiy” laid to the gang. The boys demanded separate trials and Nate's case came first before Judge Henderson, at Marshalltown, on a change of yenue, January 25, 1885, bringing with it a host of armed and suspicious partisans of both sides. By strong circumstantial evi- dence the state’s counsel, II. 1. Huff, of Eldora, followed route taken by the boys that night from their home to Cleves, and thence through Steamboat Rock and Eldora to the scene of the murder, the boys having en route changed their teams for the fast drivers of William Rainsbarger. Lhe evidence showed Johnson to Bave been killed with some blunt instrument, the body placed on his horse, taken a short distance, then dragged back to glve the appearance of a runaway and death by kickingz and dragging. His buzgy was broken evidently by hand o aid in this impression, Nettie's” evidence, the sensation of the qlnl. showed that there was blood on the hoy’s clothes next morning and that Frank had taken a pair of metal knuckles with him, ‘The theory of defend- ant’s attorneys was that Johnson’s horse (from seventeen to twenty years old) was subject to fits and that in one of his fits he kilied = Johnson. An alibi was also establishied by the _evidence, which the state impeached. Affer a three weeks' trial, and the examination of nearly a hundred witnesses, a verdict of guilty was rendered and Nate was sentenced for life, A few daysago, while Frank’s case was being tried, the supreme court reversed Nate's case on an immaterial portion of Nettie's testimony held to be prejudicial. Frank’s trial began ever two weeks ago, the state making a gtrorger case than against Nate, with the exception, of course, of Net- tie's testimony, whieh. eould not be used acainst her husband, The defense also fn- proved their case additional alibi testi- mony produced for first tinie, but which was promptly im) . The reversal of Nate's case on a technicality has caused a great deal of feellng in Hardin where the law and order league,is now thoroughly or- ganized and aggressive, in Towa Supreme rt Decisions, Des MoiNEs, la,, March 10.—[Speciul Tele- gram to the Bek.|—Deeisions were ftiled in the Iowa supreme eours to-day as follows: 8. D, Morgan vs David Wilfrey et al, pres- ident and directors af dlstrict ‘township of East River, appellants. Page district, Man- damus to compel them to remove school house from sub-distriet to another in obedi- X tion of the board of directors, T CharlesCi ty Plowana Manufacturing com- pany, appellants, vs J. R, Jones & Co. and others, Floyd circuit, Reversed. Benjamin Stewart for the use of the school fund, appellant, vs Waterloo turn verein, Blackhawk cireuit. Reversed. Awmerican Insuranee. company, appellant, Vs :«‘;c . Garrett, Buchanan eircuit. Ke- versed. George W. Robinson, appellant, vs County of Lipn. Linn eircuit. Affirmed. E. R. Sayles, lngdhnt. vs J. F. Smith, Guthrie eircuit, "Disms 3 Cooper vs G. W, Wilson and J. L. Wil- son, l&x)!lllnh Linn eirenit. Dismissed. J. W. Morlau vs Russell & Co., appellant, Carroll district, Reversed. llnr{ E. Everett ve Geo. A. Everett, appel- ant. Hamii i ton el Affirmed. ¥. B, Olllquest vsJ. Karwell & Co. and G, Becker et Line district, Aftirmed, Palo Alto county vs D, W, Burlinzame et al., appellant. Kossuth district. Aflirmed- Owen Slater vs Burlington , Cedar Rapids & Northern railway comnany, appellant, Johnson district. Reversed, James Butler vs Chicago & railway company, appellant, Reversed. Helen C. Burr, appellant, vs Sarah A, Knowles et al. Blackhawk circuit. Af- firmed. David Bowers, appellant, lock and another. Audubon circuit. tirmed, State, appellant, vs Charles Arden et al. nton district, Reversed. ‘ Geo. D). Harrison vs Herman Wilmering, appellant. Louisa distriet, Aftirmed. Opinion by Adams, Keed dissenting. al., appellant. Northwestern roll eirewt. vs Isaac I Hal- Al Des Molnes, Big Distillery. Des Moises, Ia., March 10,—[Special Tel- egram to the Brg.|—Mr. George W. Kidd, of New York, proprietor of the International distillery,stated this afternoon that he had ac- cepted a proposition from the Western Ex- port association of distillers to close his dis- tillery under the rules of the association, be- ine paid for the capacity of his works, wnich 18 6,000 bushels of wrain daily. 'This accep- tance, however, was considered upon his being permitted to continue manufacturing and sell outside of the stato for the purposes allowed by law while the case is pending b fore the supreme court. If Judge Conrad, who decided adversely to him a few days ago, will consent to that, ie will continue the dis- tillery; otherwise fe will close it at once under the rules of the association. Over one hundred prominent citizens united in a peti tion asking him not to remove his establish. ment, but to operate it here for the purposes allowed by law, Judge Conrad’s intentions are not yet known, but it is ex‘por(ed,he will take decided action ina few days, The In- ternational is the last distillery operated in the state, United Labor Wins. Missouvni VALLEY, la.,, March 10.—[Special to the Bek.)—The Knights of Labor of Mis- souri Valley placed a straight labor ticket in the field at their city election, resulting in the election of their candidate for mayor—\W. W, Scaton—and three outof tive councilmen. tion for the next two yearsand a government that will guard well the best interests of the city. Mayor Dutton and his councilmen who are about to retire have done good work for he city in the past and have met the ex- pectation and approval of its citizens. Stoux City’s Winter Bridge Taken Up. Srovx Crry, [a,, March 10.—[Special Tele- gram to the Bir.|—The winter bridge across the Missouri river was to-day taken up and all communication with the Nebraska shore cut off. This was made necessary on account of the threatened break up of the ice. A slight rise only was noticeable to-day, but old settlers predict the going out of the ice by Sunday or before. ‘I'he transfer boat is in readiness to move at any time, having steam constantly up. Trout Taken to the Penitentiary. Stovx City, Ia., Mare! Special Tele- eram to the B . Trout, sen- tenced to the penitentiary for life for the murder of Ed. Hateh last summwmer, was to- day taken to Anamosa, -~ HIS DAUGHTER IN THE WAY. Phniladelphia Woman Commits Murder to Secure a Husba “PIITLADELPHIA, March 10.—|Special A lock returned to his home, 2011 E street, last evening, he found the body of his twenty- three-year-old daughter, Annie, hanging to a rope attached to the transom of the door. It was but tiie work of a moment for the horror- stricken parent to sever the cord, but the girl was cold and stiff in death and had evidently been dead for several hours. About three feet from the body, just inside the door lead- ing to the front room, was a chair laying on its side, and the theory is that she had attempted to arrange a swing, when the chair tilted, and fn the fall the rope became kunotted around her neck. The girl was womanly beyond her years and devoted her whole time to the care of the house and her little brother and sister, their mother being dead, and, although deprived in a great measure of the pleasure and recreations of children of her age, never complained, but was always of a cheerful, happy disposition. From these facts it was believed that her death was the result of accldent rather than design. Further investigation led to the suspicion that the girl’s death was neither the result of accident nor suicide. When the father returnes his work and found his daughter hang the house his two other children—a boy azed fiveand an infant—were crouched in_a corner of the room badly frighteped. Upon questioninz the boy he told his father that Mrs. Mitchelland "and Flora, her daughter, had been there and that Mrs. Mitchelland had tied Annie to the door Mrs. Mitchelland is a neighbor of the Niblocks. Little notice was taken ot the child’s slul‘?’. but later in the night Niblock reported the matter to tho police. Mrs, Mitchelland and her daughter were placed underarrestand this morning were committed to await the action of the coroner. Mr. Niblock isa widower and Annwho was twenty- three years of age, has been his housekeeper since ~ the death of the mother. Mrs. Mitehelland had separated from her husband, and it is asserted by some that she wanted to marry Niblock and that her chances of suc- cess would be improved were the little house- keeper out of the w e A Persian Presbyterian Hospital, WASHINGTON, March 10,—The department of state has received a dispatch from Minis- ter Pratt at Teheran stating that the shah has granted a concession for the erection of a hospital at that city under the direction of W. W. Torrence, a physican of the American Presbyterian board of missions. Through the active exertion of the minister of posts and & member cf the imperial counctl of state, agrant of 24,000 square yards of g been wade, On this the hospital, to modate eighty to one hundred patients, will be erected. Mrs. W. H. Ferry, of Lake For- est, 111, has given $4000 for this purpose, whiclh sum has been increased to $5,000 by the American Presbyterian board of mis- sions, As this amount is inadequate tor the purpose it is hoped by the founders that do- nations may be received from charitably dis- posed persons in the United States. - Avizona Indian Outbreaks, Praxix, March 10.—The Morning Gazette publishes an accounc of Indian depredations in the Superstition mountains, The vietiin was a rancher named Reaves, whose mu- tilated body was discovered by San Carlos seouts who were pursuinz renegade scouts. They overtook _ the renegades in camp when a fight ensued. All the renegades’ horses, and equipments were cap- tured. Ome scout was wounded. The news ‘was brought liere by a stage driver, who says the Indians were nine in nuwmber and made for Fonbo country. ‘The scouts are in pur- ‘These Intians are without doubt San Apaches and will probably be killed .;n' driven back to the reservation by the mil- tary. ——-— Omaha Rates Cut, CnrcAGo, Mareh 10,—Tue various railroads to Council Bluffs and Omaha are indulging in considerable rate cutting on all classes of freight trom Chicago. It is claimed here this evening that tariff rates are off 2 per cent. Quite a lurge amount of trathie is going forward, shippers seizing the opportunity to dispose 0f as much freizht as possible vetore the new tariffs go Iuto effect. Explosion of & New Panis, March 10.—An e nite, a new explosive, oceurred to-day in the arsenal at Belfort, The accident happened in the workshop where irfl]w-llh-* are charged. Two persons were killed and ten othews seriously injured, THE DEAD DIVINE, Thousands of People Crowd to the Church and View the Remains, New Yonrk, March 10.—In spite of the rain the streets in the vicinity of Beecher's residence were crowded with people this morning. At 8 o'clock a squad of police took their stations in front of the residence. A large number of floral designs were re- ceived, among them being two wreaths from Ellen Terry and Henry Irving, and o pillar of white roses from Mrs. 8. V. White, The coftin rested in the center of the troni parlor and surrounded by a bank of fragrant flow- ers and on all sidés could ba seen floral em- blems from friends and admirers of the dead divine. The remains were dressed in a suit of black broadeloth. The features were nat- ural and there was a smile upon the face, Early in the morning, before services, Mrs, Beecher went into the patlor and stood by the coflin for some time. She bent over thie remains and after printing a Kkiss upon the cold lins was led into a back room. Shortly after Rev. Charles H. Hall, of the church of the Holy Trinity, com- mened to read the burial " service from the rituals of the Episcopal church and a quartette sang several gospel hymns. W hile the services were in progress in the house Company G, known as the Plymouth com- of the Thirteenth regiment, was p in front of the house on Hicks . Only members of the family and few intimate friends were present during the services at the, e, At the conclusion of the services at the house, Dr. Hall spoke for niteen minutes, He was very much affected, ‘I'ne members of the family retired after the remarks were finished, aud the casket was carried to the hearse,which stood in the rear of the Thirteenth regiment. The Plymouth company took position as wuards of honor, and the procession moved to the ehurch, The casket was then carried in and placed on a dias in front of the pulpit, There will be music in the church during the whole of the time during which the body lies in state. All the afternoon the long line of ,wu[»ln passing through the church'to view the re- mains continued to increase and the rush was so great to gain admission that it was found necessary to increase the force ot offi- cers around the church door. The throng was made up of almost all nationalities. As the dav advanced the line of people extended until it reaclied Fulton street, then down one side of the next block and up the other, with anotiler wing across Henry street. It 'is es- timated that nearly 20,000 people passed be- fore tho catafalque during the day. There were 0 many wreaths and bouquets left on the bier that a special place had to be made near the platfori at the foot of the pulpit to recelve them, The will of Beecher was read this after- noon in the ‘!rv:-eun‘ of the family. It is probable it will not be filed for probate, as one of its main provisions authorizes the members of the family to settle among thom- selves the division of what therc is left. The chief feature of it is that Mrs, Beecher is tirst provided for. The contents of it will not be known unless the will is probated, as it is the wish of the family that no publi its contents should be made. T Beecher residence was brilliantly and everything around the house was made as bright as possible. Mrs. Leecher had been {n her Iate husband’s room a great portion of the afternoon looking over his pavers, 1t seems a delight to her to be near where her husband spent most of his time, of the tamily were dressed in though going to church on ¥ Bt hing'around was made as light and cheerful as possible in accordance with the often expressed wish of Beecher in case of his death, Hundreds ot [\e(v[;:hn called during the day and lett cards, including Henry George and Rev. Dr. McGlynn, e Death of Captain Eads. NAssat, N H., Mareh 10.—Captain James B. Eads died here on tue Sth of pneumoni |James B, Eads was born in Indiana, May 25,1820 At the age of nine he moved with his parents to Louisville, and, after the death of his father in 1533 went to St. Louis. Commerce on the Mississippi river at this time krowing rapidly and young Eads secured a position as clerk on one of the boats. In less than ten years he had mastered navigation and became the leading spiritin a firm engaged in raising sunken property. The business was so suc- cessful that in 185 he re- tired with a fortune. At the breaking out of the eivil war he contracted with the government for the construction of a flotilla of ironclads which proved of vast importance in the defense of western waters. His great fame an engi- neer was gamned ¥ the construe- tion of the magnificent bridge which spans the Mississippt — rive at St. Louis, and the deepening of the mouths of the Mississippi by jettie 1is latest scheme, with which he was connected at the time of his death, was the construction of arallroad for the transportation of ships across the isthnus of Panama. Statistics of Wheat and Hogs. Ciy NATI, March 10.—The Cincinnati Price Current publishes its annual state- ment of the stock of wheat and corn in the country with comvarisons from special in- vestigations, The showing for thirteen western states is 76,000,000 bushels of wheat against 17,000,000 in 15%, and 115,000,000 in 1855, A close approximation for the other portions of the country makes an aggregate of 108,000,000 against 113,000,000 last year, and 162,000,000 in 1585, Adding a visible sup- ply and_estimated quantity represented in tlour, the aggregates for the country are 195,000,000, against 200,000,000 in 15% and 245,000,000'in 185, The exportable surplus for'the next four months is apvarently not exceeding 50,000,000 bushels, possibly less, ‘The Price Current estimates the total number of hogs packed in the west since March 1 as 000 a year ago. A Panic Among School Children, Dunvque,la, March 10-—-[Special Telegram to the BEg.|—A frightful panic occurred yesterday afternoon at the Standard theatre, where over seven nundred children were gathered to witness a ventriloquist enter- tainment. Shortly after the performance commenced some person raised the ery of and a terrible scene at once ensued, | frightened children rushed tor the doors, blocking up the passageways and rush- ing madly one over the otlier. Professor Irish, of " the Third ward schiool, and a number of other gentlemen near the door tore down the vestibule partition, opened the outside doors, and broke open_the windows. ‘They seized the children, throwing them right and left as they drew them out, and by extraordinary efforts succeeded in clearing the passages. A number of the ehildren were injured, but none seriously. It was only by the promptaction of these gentlemen that & fearful calawmity was averted. PrTrsnURG, Chronicle Telegraph’s Youngstown, Ohio, special says the general manager of the Pennsylvania railroad company filed a petition in the court against eleven of the strikers, charging that they vere interfering with the operation terrorizing new men that the company Lad ewployed, and threatening yiolence to eiployes and officials. An in- junction was issuea by the judeze and served this mor restraining the men upon the property of company or in au manner interfering - with trains. it is expected the company will send a force of men here to-day to operate trains, and a contlict is feared. MiLwAUKEE, Marcli 10.- The strike of the pinters in this ity isatan end, the I'ypo- graphical union having allowed its members to procure work wherever they can get it The newspaper oflie-s are fully manned by strange men, and but a few ol the strikers will be able to obtain work. ‘The Mititia Juipment. WasHiNGroN, Mareh 10.~First Comp- troller Darhamn has decided that the in- creased amount appropriated by congress from $200,000 to £400,000 to provide arme and eauipments for the militia does not become avallable until June m'xfi the beginning of the next tiscal year, lowever, regarls the inerease in " the nature of & permancnt anuual appropriation, NUMBER 265 A BIG NATIONAL RAILROAD What the Baltimore & Ohio Deal Is Sup- posed to Mean, PRESIDENT GARRETT TALKS® The Syndicate to Control a System Keaching From Canada to the Gulf and From New York to California. The Biggest Doal Yet. W Yonrk, March 10.—The executive committee of the Richmond 7Terminal col pany has gone into sesslon to consider twe propositions relating to the purchase of the Baltimore & Ohio stock under the option given by Robert Garrett to Sully. One of the directors said to-day that the proposition most likely to be adopted is that the syndie cato shall take the stock in their own inter- ests and hold it until the Richmond Ters minal full board of directors approve of the action of the executive committee, It will then be placed in collate eral trust and _ the Richmoud Terminal will either consolidate the Baitimore & Ohio with its great tem or operate it separatel proprietary road. The Balt Irm!k from Baltimore and W Philadelyhia will be used as a trunk line for businessof its own tern lines and theé other roads in the Richmond ‘Terminal sys- tem. This director also declared that the Pennsylvania railroad has no interest in the deal, nor has the Western Union, Calyin S. Bryce, one of the Richmond Terminal directors, and also supposed to be inthesyndicate to which President Garrett, lias offered the (.} of the Baltimore & Ohio, option of purc said after the meeting of Richmond Terminal directors to-day: W, havo not decided yet whether or not we shall accept the offer. T greatly doubt if Garret$ would sell, except on the condition that the Baltimore & Ohio and Riehmond Terminal be consolidated, making a 6,000 mile trunk line.” Another Richmond Terminal direetor said it was not likely that the company would accept Garrotts offer, but he thought the syn- dicate in which, he said, ) rs. Brice, Sully and Thomas are interested, would do so. “Tnis dircetor said the terms ' were $6,000, down and $10,000,000 in one year, stock for that amonut to be held as security. The Richmond & Danville people, he sai sidered the tigures altogether too high. HOW THE SYNDICATE WAG FORMED. CHicAGo, March 10.—A gentleman who claims to have seen the original contract tor the sale ot the Baltimore & Obio railrond is authority for the following statement: plan for the consolidation of the various rail~ road interests grew out ot the efforts of Jay Gould to induce Robert Garrett to pool the business of the Baltimore & Ohlo Télexraph company with thatof the Western Union “lelegraph company. Garrett absolutely re- fused to become a party to such an arrang ment and declared he would always keep business ‘under his own control;’ that the telegraph and raiiroad interests were identicaly and that they should continue to be so as long as he controlled them. But at the samé time he intimated t s inclined to (ree himself of his business cares by an absolute sale of the controlling intere in the Balti- more & Ohio railroad, which would carry with it the control of the telegraph and press companies, With this hint ag the bas of negotiations Gould returned to New Yorl and formed a syndicate composed as followss Calvin S, Bryce, Alfred Sully, Austin Corbiny John C. Moore, General Samuel Thomas; H ¢ Faghstock, Winslow, Lanier & Co. and J. B, Pace. A contract was then framed, in Which Garrett agreed totransfer to the syndis cate a controlling interest in the Baltimore & Ohio railroad within thirty days fa 000, a forfeiture baing deposited by r ‘The contract was shown to Gould “Saturday; It is understood that the telegraph businesy is to go to the Western Union and the ex= press business to the Adams Express coms pany con- PRESIDEN T TALKS, BALTIMORE Robert Garrett this atternoon virtually admitted to & prominen Baltimore man that there was considerable truth in the newspaper talk of the big rail- road deal. He would give no definite idea of the particulars ot the scheme, but from his remarks the inference was drawn that the Baltimore & Ohio railroad has become a fac- tor in the syndicate that is to control somes thing like a national railway reaching from Canada to the [exico, and probably, N i extreme weost, 1t is generally Dbelieved that the biggest rail- road deal has Dbeen or is about to te made. and that the passage of tle inter-state commerce bill hurried the affair to a settlement, Mr. Sully has been active in arranging the details of the scheme and he is the only one positively known 1o be connected with it, but a believed to have 0 operating roads running the en- th of the North i Opinionsdiffer as to whet Saltimore & Ohio stock b sferred, bat the is gaining ground the deal not only involves the road itself, s0 its tole_rapll, express and slu-l:mg car interests, 'The wildest sort of talk is freely indulged in, bul obtained from anyon anything about it. M lieve that the stock—17,000 shares—held by Johns Hopkins trustees, or at least a consid- erable ~ portion of it, has be under “the control of syndicate, but the 52,000 by the city ol Baltimore cannot be touched witnou! peeial act of the city council, The 40,000 shares left in trust by the late John A. Garrett ean be disposed of, as the will did not forbid the sale but simply advised that 1t be held in trust for v t‘y yei 80 that a con- trolling interest might "be secured if ade vantageous terms were offered, Garrett to- day told a gentleman at tlie Merchant’s club that he might rest assured ghat whatever was done would be for the best Tnterests of Balf more, but further information could not j now. Krom tuis it was inferrei > scheme was not tully consummated and important developments might be ex= pected in the near futu WHAT v NEW Yonk, Tribure to= morrow will i “Negotiations for the transfer of _control of the Baltimore & Ohio railroad to the New York syndicate have not been ecarried to a suceessful issne, It is res ported that the option obtained from Presis dent Garrett by Alfred Sully expired yester= day and Sully ‘was unuble t0 raise the money to weet the first payment. s that of ash payment an in 000 000 was to be paid yesterday. sum’ w. nt to |L.luumn buf, in place of the . & request for an extension of the prive was forwarded. It is not known .that any reply to the me: was recoived, The most plausible excuse for the failure to e: ercise the option was the statement that 4 purchasing syndicate desired a_ longer tin for an investigation of the condition of the Daltimore & Ohlo company, A member of the provosed syndicate expressed the gens eral situation in about these words: o would have no objection about entering upon this argument, but as business men of ordins ary prudence and capacity must insist upon a fuller and more exact réport of the value of tho property we are buying, It must notte forgott, that the “Baltimore & Ollo has se’ 1 important quarrels on its hands 1 questions with the Pennsyivanis road: in telegiuph matters with the Western Union company, and in exu: natters with all the large express companies, At would scem wdvisable under the eircumstances that persons buying the control of the company shonld ascertain whiether these disputes could be casily I think the press ent failure lias b elly to the prems ¢ unuouncement of the plan before it was ther these huporiant dispuies [ amicably arranged, An ed= journed wmeeting” of the executive comnuttee of the Reehmond & Wes Point crminal — company was hel yesterday, 1t was stated emphatic tering that under no eireumstances wounld the ‘Ters minal company issue any wore obligations for the acquisition of the Baltimore & Ohio op any othie 1t was part of the ¢ the Bultimore & Union comvany, graph lines to stand on ¥'s hooks At about $600,000, "““1.' of tiat the Western Tnion couy the $ystein at cost clieving itself fiom - po he etent i