Omaha Daily Bee Newspaper, March 29, 1887, Page 1

' ' pam 1o the Buk|—The house "THE OMAHA DaILY BEE SIXTEENTH YEAR. OMAHA, TUESDAY MORNING, MARCH 29; 1887, 1i CAUSED A COMMOTION. The Expose of the Judiciary Committee Con- spiracy Excites the Legislature, BOUND TO GAG THE PRESS: The Lincoln Boodlers Hot and Re- consider the Libel Bill—Another Prohibition Black Eye— Much Other Legislation, The Story of the Conspiracy. NCOLN, Nel oh 28, — gram to the Be 'he Bre's exposition of the conspiracy on the part of cer- tain members of the juaiciary commit- tee of the house to extort money from the gamblers for the purpose of killing the anti-gambling bill caused the greatest excitement, All day vesterday the promised disclosure was the talk of the crowds in the hotels and the saine subject was continued throughout this morning's gession of the house. As the noon hour ap- proached, nearly one-halt of the members slipped out of their seats and struck off for town to get early copies of the Bee. Among these were the parties whose names figure in the record of the conspiracy. The Bee never reachea the lesislators until the aflernoon, having first to pass through the local and legislative postofiices. This morning, however, enter- prising newsboys were in the halls of the capitol selling i{ before the recess, Although - hundreds of the paper are daily circulated in the legis- lature at the state’s expense, yet nearly every member bought a copy and retired to read 1t In private. The general 1m- pression prevailed that the chain of facts proving a consplracy are conclusive and many of those who formerly were doubtful of the validity of the charges are now satisiied that the B has mora than justificd the promises made by its editor in respect to the suspected members of the committee. Sul- llvan and Slater were absent this morn- ing and It is not likely that the latter will raturn before adjournment. The others could not be found. The BEE correspondent later asked a few of the Interested parties what they thought about the conspiracy expose. Mr. Russell gald: “I'm glad he (Mr. Rosewater) pub- lished it, because if he hadn’t he might have made some people believe he had something behind his threats. There isn’t the slightest thing In the story that effects me at least. The reason 1 was up in Omaha at the time ‘was because I was looking around about that Grand Army matter, and if he had spies watching me they must have been awfully disappointed,” Mr. Sullivan was alsoasked and said: “It's & — — outrage. When I got upon the floor to bring that bill before the house, 1 did it to vindicate the judiciary committee be- cause I felt that there were members of it who had taken money and been bribed, But to take a man’s oflicial action on the floor and construe it as it was con- strued was an outrage, It settled the busi- ness and settled me irrevocably against the bill. The evidence, however, is of the thin- est nature imaginable.” The reporter asked Mr, Caldwell what le thought of the charges. He replied: *Well, 1 haven’t anything to say about them, It ‘wouldn’t become me to talk about other members’ affairs.” “What do you think about them as they refer to yourself.” +Oh, I don’t care about saying anything. I am disposed to let the matter drop. I don’t like to talk at my own funeral. 1t doesn’t look well. 1t would sound like writing one’s own obituary,” Mr, Caldwell said this in an innocent man- ner, with scarcely a suggestion of either sar- easm or irony. Mr. Majors said: *‘The reference made to me In the BEE in this matter is not correct. The Information came doubtless from Church Howe, who, I think, purposely mis- informed Myr. Rosewater’s detective. I voted for the bill in the senate and wanted it-to pass, and I also wanted the investigation. Mr. Slater and others will testify that I was not in the room as stated by your paper.” Clerk Cook, In response to the usual ques- tion, sald: **The expose was good—first-class, ‘You don’t want any better, do you? It was great, I tell you.” Mr. Brad Slaughter said: “The BEE says 1 was in a room with Its suspects, It is not 80, 1wasblind at the time under the doc- tor's care and a bandage over my eyes. I was 1n darkness for a week. As regards the proposition with which Mr. Rosewater starts out, that fact of Mr. Russell coming on the same train with a gambler I consider utterly ridiculous.” Scnate Proceedings. LixcoLy, Neb., March 28.—[Special Tele- gram to the BEE.|—The senate went Into committee of the whole with Mr. Ma- Jors in the chair and recommended the fol- lowing house rolls for passage: 3, crea- ting the office of rezister of deeds in countles ot filteen thousand inhabitauts and over; 183, rendering lifeand endowment policies non- forfeitable; 46, enabling foreign railroad companies to incorporate In Nebraska. The senate In the afternoon passed the bill apuropriatinz $120 to Grand Island _errone- ously collected by the state auditor. Six nor- mal school bllls” were passed in favor of ankl{n, Loup ~ City, Wayne, Fairbury, Plum Creek and Ord. Senate tile 31 was passed making it the duty of the state board of equalization to examine the various county assessments and decide upon the date of ail state taxes, ‘The following bills were also passed: An act to regulate the policies of insurance and to make the amount written therein be the true loss In case the pruperty insured is wholly destroyed, and declare who are the uts of insurance companies and the eifect of notice to such agents; an act to provide for the lucorporation of cemetery associa- tions and for the uisition of” cemetery grounds, and for the abandonment and relo- cation thereot; an act to constitute elght urs a8 & di labor: an act to vide for the compilation and printini the laws relating to township organization an act to regulate the sale of l‘&imlle tick- rovide for the pardon of con- rtaln cases: an act compelling railways incorporated in other states to in- der the laws of this state before to make policles of life and ud fi ue; an act to uthorize the state treasurer to transter ,172.83 from the permanent school fund to goneral fund, “This is the amount of the ted estate of Leonard H. Smith. till 7:30 this evening, ‘The senate niet at 8 o'clock and went into mittee of the whole. A bill pmvld'!a the taxation of mortgages upon estato as well as the real estate was co red. The bill was strongly opposed upon ground that it would drive out money .‘hul?h. senate foreclosed its mortaz bill to prohibit bucket shops and deal- n options was recommended to pass. he bill gl' & joint resolution to amend sec- m 1, 15 of the constitution of the liuva en “amendments,” was recom- Iflnllll“ad to pass. A number of bills were At £:30 the comittee arose and the scnate adjourned. Dol in the House. * LiNcoLN, Neb., March 38.—([Special Tele- met fbis morning with little more than a quornm pres- ent. Mr. Eisley of Madison surprised some people by moving to reconsider tho vote by which the anti-libel bill was killed on last Saturday, The motion prevailed and a voto was taken. During its progress several mem- bers displayed unusual eagerness to secure the requisite vote. Mr. Young of Douglas was equally busy in working against the movement. The follow!ng is the vote: Andrew Babeock, Baird, Brown, Caldwell, Cannon, Cole, Crane, Dickinson, Fuchs, Fuller, Gafford, Green, Marstiall, McCann, McConaughy, Newton, Nichol, Nore , Randall, Raymond, Wardlaw, Wil Ayes—Agee, Bowman, Cope, Frantz, Leisveld, and Yutzy—isd. Jallard, Dempster, Ewing, 3 rison, Heimrod, Horst, . Smyth, Tyson, Wetherald, Wright, Young, and Mr. Speaker—16, Absent or not voting — Abraham: Aiken, Bailey, Barrett, Bentley, Bick, eron, Craig, Eggleston, Ellis, Fenton, ble, Garvey, Iayden, Jeary, Kenney, King, Knox, Latta, Lord, Matthieson, McKenna, iller, Minnix, Overton, Satehel, Schwab, mms, Slater, Sullivan, Sweet, Tingle, 'racey, Truesdale, ‘Turner, Underhill, Veach, Watson, White, Whitinore, Wilson and \Volenweber, Betore announcing the vote Mr, Young raised a point of order to the effect that the vote of Saturday on the libel bill could not bereconsidered. There were but a few members over a quorum present and to re- equired two-thirds of the members vnlln%ln the aflirmative. Rule 50 s: *No bill or question which has been passed or rejected shall b consideration during the saiae se: two-thirds of the house shall in favor of taking up the same.” By the word house Mr. Young claimed 100 members were intended and contrasted with it another section whi in regard to changing rules, the words “members present” occur. ‘Ihe chair held the point was not well taken, I asked Mr. Kisley, whohad stood against the billon Saturday, why he changed, lle said at the renlue:t and with the understand- ing that the bill would be amended so as to cut out the feature {-rnvl ding for the prose- cution of the offending cditor in any county in the state, Mr. Russell, who was active in support of the reconsideration, said the intent was to rnss the bill as it originated in the senate, as ollows: Section 1. 1f any person shall write, print or publish any false or malicious libel of or concerning anather, or shall cause or procure any such hbel to be writ- ten or published, every person so offending shall, upon conviction thereof, be fined in "any sum not exceeding 00 or.be imprisoned in the county Jail not exceeding six months, or both, at the discre- tion of the court, and moreover be liable to the party injured; provided, that if such libel is published in a newspaper having a general circulation the person so offending shall be punished by imprisonment In the penitentiary not less than one nor more than threa years, Section 2. That section 47 of chapter 7 of the code of criminal proceedure be and the same is hereby repealed, ‘t'he house went into committee of the whole, Mr. Shamp in the chair, on the order recommended by the committee on selection, The following” bills were passed: House roll 437, providing assistance to the attorney general, was recommended for passage, and 479, eréating ‘Thurston county, was' laid over inforinally, The committee rose and reported " and again returned to consider senate files. "The following files were recommended for passage: 88, for the relief of John Gillesple; 10, making the age of consent litteen years: 22, relating to at- torneys’fiees. Files 5, making general elec- tion days legal holidays, and 8, relating to the assage of the interstate commerce bill, were ndefinitely postponed. rile 13 was indeti- nitely postponed. [~ ] AFTERNOON SESSION. The house read a number of bills the third time and passed the following: House roll 350, perfecting the title to a parcel of prop- erty in Lancaster county; 316, providing that the plaintiff shall not recover costs in actions if the damages be under $5; 858, approoriat- ing $1,000 for furniture for the adjutant gen- eral’s office; 363, extinguishing the adminis- trative powers of an unmarried woman in case of narriage; 257, providing tor the em- ployment of a county prosecutor where change of venue has been taken from one county to another; 220, providing for a stu- dents’ battallion at the university, ana 222, vroviding for the crection of a Grant memo- rial hatt at the university, to be used for the military department of “that institute, $20,- 000 are appropriated for this work. House roll 215 was indetinitely postponed, The governor announced that he had signed house rolls 475 and 485, for the relief of Kearney and Cass counties respectively. House roll 4, for preventing the illegal sale or giving away of malt, spirituous or vinous liquors, was recommitted by a vote of 37 to 85, This bill enables two resident freehold- ers to file complaint that intoxicating drinks are being sold or given=away by certain Fcr- sons. 1f the charge be sustained the seized liauors of the accused are to be destroyed and the owner fined, 1t was discovered that a mistake had been made in the count and that the motion had prevailed. The bill was accordingly placed upon its passage and for the third time this session the anti-liquor ele- ;mlnlnt received a black eye. The vote was as ol10 Ayes — Abrahamson, Aiken, Andrews, Babeock, Bailey, Baird, Ballard, .Cannon, Cole, Cope, Craig, Crane, Dempster, Diller, Engeston. Fenton, Fuller, Gafford, Green, Jeary, Kenney, Lord, Marshal , McCon- nugl% Mctrew, Minnix, Newcomer, New- ton, Nichol, Norris, Pemberton, Peters, Ran- dall, Blnm“' Simms, Thornton, Underhill, Wardlaw, Wetherald, Wilson, Yutzy, and Mr. Spen\;er—4l4 Nays—Andres, Bentley, Bowman, Brown, Caldwell, Dickinson, Eisley, Ellls, Ewing, Frantz. Fuchs, Gamble, rvey, Gilmore, Harrison, H Heimrod, Horst, Keiper, Knox, L latthieson, Miller, Over- ton, Raymond, Rief, Russell, Simanek, Smyth, ‘Sullivan, Sweet. Tyson, Watson, White, Whitmore, Wilhelmsen, Wilsey, Wilgiit and Young—40. Mr. Randall first voted in the negative and said that his object was to move for a recon- | sideration, but as there was a majority pres- would change Housa roll 68 was passed authorizing the appointment of a deputy attorney general; also 225, amending the statutes in decedents, Mr. Dempster’s compulsor{) education bill was passad by a vote ot 64 to 9, Mr, White's bill redhiring private benevo- lent societies to submit to examination by the state auditor was reported amended by the senal same concurred in. Mr. bill, providing that a ma- fority of the taxpayers of a school district may determine as to whether books may be furnjshed free to pupils, and Mr. Kelper's house roll 142, appropriating §5,000 for a state geological survey, were recommended for pas ent who could mn only free whisky bills he aye. Mr. Sweet’s bill, preventing cruelty to ani- mals, including dogs, was next passed. Mr. Cope's bill, establishing an industrial home with a view toaid in the suppression of prostitution and avpropriating 815,000 tor the same, was recommended for passsge. Recess. KVENING SESSION, At the night session house roll 434, provi ing for farmers’ Institutes, and Hayden's bill, 65, setting fees for Inquests, were passed. r. Shamp's bill, paying E. Hoar, of Uoncord, Mass., $1,524,45 for legal labor in the case of Morton vs Nebraska, wla}ln: to the Saline lands, was considered. Mr. Can- non wanted the roll recommitted. Several members spoke in favor of the bill, but the emergency clause was stricken out and the bull finall, ?.uwd Mr. Nichol’s bill, providing pay for surveying, was r. Watson’s bill, providing for change ot venue from county judges in civil and erimi- n"}‘lm Dbee.t‘o(m ideration of the e reconsideration of the anti-libel lxul done this morning became ap- parent when Mr. Caldwell's roll 846 was called. Under the title of amending the clvil code it contains the same objectionable feature, though of a clvil nature, which the timnid ones had inserted in the criminal before it was killed. The ex measure knew of Mr. Cald: posed on Mr, Eisley, who knew nothing of it when they wu{hfi liim o move the recon- slderation. 'his he adwmitted to your cor- respondent this evening. Beforo the nature of the bill could be mgzm to the sttention many of the members L i R referred to, The section in this bill is: “An action for libel may be brought in any county where the libel is circulated.” The bill was nassed by u vote of 57to 10, Messrs, Knox and Garvey of Douglas voting in the affirma- ve Mr. Slater’s bill, No. 114, 18 one of the strangest ot the sessi It makes it unlaw- ful for any railro pany in Nebraska to employ any person who uses as a beverage any malt or spirituous liquors auring the time he may be in the actual service of the com- pany.” The title ‘was found defective and inally imperfectly patehed. Mr., Cole’s bill requiring railroads to keep Crossings in repair was passed. "A number of senate liles were read the first me, Mr. Randall's bill for the sale lands luml developing saline ind passed, Mr. Peters’ bill prohibiting the catehing of g Iv.- and fish on certain occasions was passed, Adjourned, The New ection Law., Lixcory. Neb,, March 2 Special to the BrE. |—The Andres election law for the metropolitan cities and cities of the first class, which passed the house a few days ago, and which will certainly pass the senate, is herewith synopsized. s a voluminous document, covering rty-fivi I of fina print. It is a transcript of the New York election law, and is certainly detailed enough to adapt itself to purifying and otherwise improving the elections in our cities, It will require in- telligence and study on the part of the of- ficers governed by It to memorize its rules, though the language is such that it may read- ily be understood. Hereafter the boxes at elections shall be marked and successively numbered as fol- lows: Number, ‘‘president,” two, “state;” three, “‘congress;” four, legislature, county:” five, “city " six, “local:” seven, “judiciary’ and eight, ‘“educational.” At elections where ballots are to be deposited tor other than these offices mentioned, additional boxes shall be supplied for the same. The ballots for these officers shall be endorsed with the same word which designates the box into which they are to be deposited. The polls shall be open at 6o’clock in the morning and close at 6 o’clock In the evening. 'I'here i8 to be createa by the council a bureau of election, to be managed by a chief, whose salary shall not be more than §2,000 per year. He shall ba removable by the police board for cause. Registration books are to be furnished by the counell in which shall be entered the name of each street or avenue in the election distriet, the number of each dwelling and the names of all males residing in each dwelling who shall apply for registration. These books shall each contain not more than 700 names and shall show the residence, room, addr tivity, color, term of residence, assembly dis- trict, county, state, date of naturalization, court granting the papers,date of application, lllsll\mlmk‘l\liau. whether or not the voter was challenged at the time. The board shall have no authority to change the boundary or number of any election district save wnen the custorrary enumeration of the citizens of the state is made, when as early. as Septem- ber 1st, a general registration of the city, by election district, wards or precinets upon the basie of the registration of votes for the year last preceding the time of such redistrict- ng, in which members of congress shall have been chosen. : Such redistricting shall be madein such a manner that each election district shall contain as near as prac- ticable 250 voters on the basis of such regis- tration. On or before August 15, 1887, and every second year thereafter, the common council may divide such election districts,and such only as by registration of voters of the two preceding years shall be found to have an average registration of more than 400 voters, All judges aud poll clerks shall be selected by the council and make all removals and transters and fill all vacancies which may occur. 1n the months of Au{(nn and Sep- tember, the council shall appoint four elec- tion judges for each district, two of whon shall’ be u'dl(fcrelll‘l)nh(lual faith from their other associates, an thusen\)uoimud to rep- resent the minority political party shall named by the representatives of the political minority party on the board. These ap- pointees shall be able to write and speak the English language understandingly. No in- srt'ctur shall be required to be a resident of the district to which Le is appointed. He shall hold his office for one 1’e:\r’ unless re- moved for cause. The poll clerks shall also be of different political complexions, and shall hold their oftices for one year, J of election and poll clerks shall receive $ per day for each day of registration, revision of the same or election. Whileholding their positions both these officers shall be exempt from both military and jury duty. Each person notified by ‘the buréau’of election of his selection as judge of election must sub- mit to examination within five days, and if found qualified, unless excused by the board for ill health, be bound to serve one year. In case of failure to comply with "this re- quirement, he shall be subject to a fine of 8100, recoverable by the board and to be used for the lice fund., The judges of election are clothed with power to enforce 1fiuiel and orderat the polls. The registra- tion for a general election shall take place on Tuesday four weeks, Wednesday of the third week and l"ridnr and Saturday of the second week befora the November “election. For other elections there shall be a revision of the registration mentioned on the Friday and Saturday of the second week preceding the day of such election, On the days mentloned the judges shall sit for rezistration between the hours of 8 a. m. and 9 o’clock p. m, and before entering the name of any applicant shall put him to oath that he will" truthfully answer all the ques- %hglu put to him regarding his right to reg- ister. A number of pages are devoted to recount- ing the duty of judges when registering be- fore election day. At the latter time the shall use the books prepared and no vote shall be received unless the voters’ mames be found by at least three of the judges upon at least three of the books, Befora the fifth of each month, the clerk of the district court must file with the chief of the bureau the name, age, residence, sentence and place of confinement of every party charged in that court with any offense. Kallure to comply shall be considered a misdemeanor, The council must hire, clean, warm, light and maintain all places of registration, and no buildiug or part of abuilding in which in- toxicating liquors are sold sball be used for such purpose or with the holding of the volls. When possible, such places shall be lighted with gas. The space in frontof the ballot boxes shall be equivalent to aroom twelve feet square. Each political party shall be en- titled to designate achallenger to remain dur- ing registration, revision or balloting. ‘The judges and clerks before election day shall make a canvass of their districts to ascertain the truth of the statements made by the parties registered. City authorities shall not number, re-niumber any street or change or alter such number save between the first of May and the first of October, The room in which balloting takes place shall not be locked, but may be guarded by one or more ofticers to exclude disorderly "people. Each candidate may appoint a party to represent him at the counting of the ballots in each election district in which he is interested, If two ballots be found rollad together, they shall be destroyed, if tha number ot ballot: in the box exceed the number of voters, but not otherwise. A ballot found in a box marked differently from the endorsement of the ticket shall not be destroyed, unless it shows an excess over the number of names recorded. 1f there be more ballots in the box than there are names of voters on the list, oneof the judges, with his back turned to the box, shall take out and destroy the nuwm- ber of ballots in excess. ‘The bill does away with the old law pre- seribing for a tallying of everv name upon every ticket, as it Is read out, resorting to that only in scratched or split tickets. The others are to be counted as they are now gen- erally eounted by judges, all tickets con taining the same name being putin a pile aud a number of votes corresponding to the number ot the ballots being cradited to every nawe put on the Immediatel the result of t give toa policeman a statement of th e, ‘which, attested, shall be borne Immediately to the police headquarters, and the captain or sergeant shall Kh the same to the bureau of elections. ‘I'he judges shali sub- scribe to three statements of the result of the of which within lw-ntntnur gning shall be sent the tes 1o 1o couuty clerk, aud the wfihe announcement of hall third to the chief of the bureau of elections, One of the poll-books within the same time, shall be filed with the bureau of elections and the other with the county clerk. The official canvass, immediately upon its completion by the board of county canvassers, shall be advertised for one day in two daily papers, ——— Jury Fails to Agren, Nonrrork, Neb,, March 28,—[Speeial to the |—=The case of the state vs Frank Mc- Neely terminated In the district court at Madison late Saturday afternoon by a failure of the jury to agree. The case has been pend- ing since November, 1885, at which time Me- Neely, a switch ongineer of the Elkhorn line, was arrested on a_charge of comamitting a rape on Maud Taylor, » thirteen-year-old niece who was living at his home in this city, ‘I'he ease was closely, contested by the at- torneys, able arguments being ‘made by County'Attorney Robinson for the prosecu- tion, and by Messrs. 1. C. Browe, \W. M Robertson and W. V. Allen for the defense, 1tis said seveu of the jurors were in favor of acquittal, A1xsworth, Neb., March 28 —|Special to the Bek.|—Articles of incorporation have been drawn up and signed for the organiz ing of abuilding association, with a capital of §100,000. Already §10,000 worth of stock has been taken, The books are being pre- pared and wili be ready in a few days for stock subseriptions, A number of cottages will be built this spring, and several brick houses are in contemplation, Ainsworth, like other Nebraska towns, wiil havea live boom and a prosperous season, Platte County's District Court. Corumbus, Neb., March 28— Special "T'ele- gram to the BrE.]—The district court, his honor Judge A. M. Post present, opened to-day with 113 civil and twelve criminal ~ases on the docket. The Judieial labor of the district is rapidly increasing and several important suits are to be heard, the most notable being that of Kobert Williams for embezzlement, from David City under change of venue, and Iidward Grant, for arson. A Beatrice Druggist Fails. BeATRICE, Neb., March 28,—[Special Tele- gram to the Brr.|—George J. Rubleman, druggist, was closed up to-day by the sheriff on an attachment sucd out by his wife, Kate Rubleman for $3,000 money loaned, Other attachments by wholesala dealers soon fol- lowed. Whether the $8,000 attachment is made to cover u||\ and save the stock is not known, His sales of family medicines has been good and he was thought to be making money. Found Dead in the Snow, BeATrIcE, Neb., March 28.-[Special Tele- gram to the BEE.|—Washington Cunning- ham, a prominent farmer, near Liberty, was found dead in the snow near that place this morning, Heart disease is supposcd to be the cause. e was & temperate man and a good citizen, A Beneficial Snow. NorroLK, Neb.,, March 28.—|Special tothe Bek.|—A gentle snow-tall prevailed last night covering the zround to a depth of four- and a halt inches. The large areas of wh and other small grain sown in nortn Ne- braska will be greatly benefitted by it. The Elgin Dairy Market. a1, Lil., March 28,—The butter market was a little weak to-day, but regular sales were 22,140 pounds at 3le. Nothing was doing in cheese, S AN IMPORTANT DECISION, The Highest Tribunal Oa the Insol- vent Mann‘acturers Bank Case, WasHiNGTON, March 28, decision was rendered by the United States supreme court to-day in the inrolvent bank case of Alonzo Richmond, Charles Comstock and others against Agnes F. Irons and Andrew H, Foskett, executor and executrix of James Irons, deceased, and others, an appeal from the United States circuit court for the north- ern district of 1linois. 'T'his was a suit to en- force the personal liabiilities of stockholders for the debts of the insolvent Manufacturers’ National bank of Chicago. A master, ap- pointed by the court below to ascertain the amount of the debts and assets of the bank, reported on the 25th day of My, 155, that the indebtedness of the bank at thattime was 346,733; that 69,846 should be added to that sum for the expenses of the receiver- ship, making a total of $416,039 and that the necessary assessment which should be made on the stockholder to pay said indebtedness was 8,2 per cent upon the capital stock of $500,- 000. Many exceptions were made to the master’s report, but they were overruled and the decree was entered against each stock- holder severally for the amount computed to be due from hin aceording to the amount of his stock. From this decree Richmond, Com- ?"’.fik and others appealed. This court holds : 1. That the action of the circuitcourt in per- mitting amendments to the original plead- Ings is justitied by the rules on that subject as stated by this ‘court in the case of Neale vs Neale (9 Wallace1) and in the Tremolo patent (23 Wallace 518), ete. 2. That the statute of limitations, even if applicable as a bar to this proceeding, ceased to run against the creditors of the bank enti- tied to the benefit of the decree from the time when the amended bill was filed in October, 1876. It had not then taken effect. 8. That the obligation of the deceased stockholder survives as against his personal representatives, . ‘That Comstock is liable on stock sold by him in good faith but not transferred by him on the books, as well as on stock sold with a knowled{e of the bank’s insolvency. 5. That the stockholders are by law ex- onerated from obligation to contribute to the payment of all clalms 1n class D, amounting n the aggregate to $18,500, 6. That the creditors are entitled to inter- est on the dates of the bank as against the stockholders. g 7. That the stockholders are not bound to contribute as a debt. due from the bank or themselves to a fund for the payment of the exrmnes of the recelvership, The decree of the circuit court, in so far as it is inconsistent with the foregoing decision, is reversed and the cause remanded with directions to proceed therein as justice and el]uil( may require in conformity with this opinfon, "Opinion by Justice Matthews. Another lllinois Railway. SPRINGFIELD, [Il., March 25,—Articles of incorporation were filed in the secretary of state’s office to-day by the Peoria & Western railway company. The capital stock Is $4,500,000, 1t is prepared to construct a rail- wu{e(mm & point on the eastern line of the state in Iroquois county, westerly through Iroquois, Ford, Livingston, McLean, Woond- ford, Tozwell, Peorda, Fulton, McDonough, Hancock and Hemderson counties to the town of lhm\llon,gnho Mississippl river, and by a branch to Buslington, Ia. e The Cotron Trade Faralyzed. NEw Onreans, March 28.—At Lefour Saturday, various welghers and re-weighers and classers recelved mnotice from their em- ployers, factors and buyers, that they should report for work this morning, otherwise their services would be dispensed with. The notice, however, had mo effect, as the strik- ers feel certain thewr places cannot be filled, While the trouble eontinues no cotton can be shipped or sold, and trade is paralyzed. el Sinking Ground, WILKESBARRE, Pa., March 28.—A cave in occurred over the workings of the Delaware,& Hudson’s mines at Plains, last night, and the ground settied nbout four feet. Prop- erty in the vieinity is greatly damiged, Wells in the vieinity of the cave are reported dry this mornii —_— A Disabled Steamer. NEw Yonrk, Maren 28.—No tidings of the disabled steamer Salerno, reported disabled In mid-ocean by the steamer P. Caland, hus yet been heard at the office of the agents of the Wilson line steamers and some anxiety 18 felt for ber safety. LEAVITT TAKES THE STAND, The Killing of Haddock Related in a Straightforward Manner, ARENSDORF FIRED THE SHOT. The Testimony Uistened to With Breathless Interest and 1ts fruth Strongly Impressed on the mense Audience Prese Sensational Day in Conrt, Stoux Crry, Ia, March 28,—[Special ‘fele- gram to the B —This has been by all odds the most sensational day thus far in the Haddock trial. Before the hour of confessor, was to be placed on the stand by thestate. This had the effect of drawing during the morning and afternoon sessions tremendous crowds. The stairways and all approaches to the large court room were crowded during most of the day and every bit of available space inside, including win- dows, alsles and even the judge’s platform, was packed. Among the throng were a large number of ladies, many of them prominent in temperance work, It ig needless to state that the proceedings of the day were watched with the deepest and at times breathless in- terest. Leavitt was put on the stand early this morning and it was not until2or3 o'clock this afternoon when he completed his graphie story of the great crime- and tragedy and the defense commenced 1ts cross-examination. Leavitt was well dressed and made a very favorable impression. His statements were all made with a positiveness that added weight and the defense found it impossible to impeach the me or gain any advantage. Whatever else Leavitt may have testitied to when before the coroner’s and grand juries, the general im- pression seems now to be that he is telling a straight story and the truth. Melville E. Stone, editor of the Chicago News, who has taken the deepest interestin this case, is now here and a close observer of everything that transpires, The first witnesses to testify to-day were Albert Adams, William Williamson, George A. Lang and Simon Adelshiem. Nothing of importance was developed more than to corroborate the statement of other witnesses and strengthens the chain. Harry Leavitt was then called. His testimony in substance was as follows: I knew Arensdorf: bought from $50 to §75 worth of beer from him every week for my theater. 1 returned from an eastern visit three or four d before the murder of Rev. Iladdock. The day before Simonson told me he was going to call a special meeting of the saloon men. 1saw quite a number, and at the suggestion of Simonson 1 joined the saloon keepers’ union. 1 went to the meet- ing that night with Doc Darlington. I first went into a saloon and got a drink and then went up stairs. There were present Adels- heim, Trieber, Plath, Cormeny, Junk, Doc Darlington, Simonson, Arensdorf, Muach- rath, Ressigeu, myselt and others, Adels- heim presided. Arensdorf was present, Adels- heim said that he did not know what the meeting was cailed for, as 1t was out of the regular order. Simonson said it was called for the purposa of making Darlington and myself members of the association. [ asked whiat it cost to join and they said $25, 1 told them to come up and get the money at the theater, as I did not have the money that night. Darlington said I could not show over $5, but [ was admitted. Ressigen then moved to adjourn. The meeting then ad- Jjourned. Treiber and Munchrath both called me (Arensdorf was in the back part of the room). They said “wait a few minutes.” I waited; so did Simonson. Ireiber, Plath, Murcnrath, Arensdort and some others were waiting in the front room. One of the par- ties that remained 1 did not know. Treibe said he had succeeded in getting two Dutch- men to whip Haddoek and Walker, if they were paid for it. Arensdorf said there was $75 or $80 in the treasury (Junk’s safe), and that ought to be suflicient. Murchrath asked if the doorkeever at my place wasn’ta good slugger, and I told him he had slugged one or two at my place. His name was Dan Mo- riarty. Munchrath said he owed him a board Dbill and would go with me to the depot to see him, and that would be a good excuse to broagh him on the matter of “doing up” Haddock. Arensdorf said we ought to blow or burn down Had- dock’s and Turner’s housesjand that the brew- eries had too much at stake to be drowned by those—— — I met Munchrath in front of Nash’s drug store on Tuesday at 11:30 and we wentdown tothedepotana saw Dan Moriarty., He was at the Milwaukee & St. Paul yal We both talked with him in relation ‘to the matter brought up atthe saloon men’s meeting. The conversation was #in treference to whipping Haddock and Walker if he got pald forit. We sald that we wanted them licked. Moriarity said that he had a good job and wasn’t going to lick anybody. This" was about 11 o’clock. We offéered him $200, 1 was at the court house in the afternoon. The injunction cases were in progress. The audience was mostly men. I staid in the court room ten or fifteen minutes. I saw Kred Munchiath in the court house and George Trieber, After supper, in the fore part of the evening, 1 think about 8, I was in Cochran’s gambling house on Fourth street. After leaving thera 1 went to the English Kitchen to geta bottle of beer and some sandwiches to At the Sioux National bank corner I met Plath, Trieber, Munchrath, Peters and two Germans, 1 did not know the Germnans then; have since learned that they were Granda and *“Bismarck.” They were stand- ng there talking. I conversed with them. We were talking about Haddock and Turner going to Greenville for evidence, Trieber proposed to zo and see how Haddock got his evidence, In the hack were Trieber, Paters, myself and, I think, Plath. The hack drove off, ‘Tnieber told the driver to go to Green- ville, At Greenville Peters got out of the hack and went into the Greenville house and asked the proprietor if a roan horse and buggy had been there, We drove back to Junk’s saloon, got out and went in. ‘Trieber aid the driver. He got it of Arensdorf, We got out of the hack and went into the saloon. I can’t say who went in first, I treated to cigars. We' were there three or our minutes, I saw Scollard, Grady, Junk ~ and Arensdorf there. I can’t say whether Arens- dorf was in there when we went out. We went out the front door of the wholesale room, and when on the walk ‘‘Bismarck” came up and said that the buggy had got back. This was just as we had got on the walk. Arensdorf said, “let's go and see.” We all walked down toward Water street— Peters, Munchrath, ‘Treiber, Plath, Arens- dort, Sherman, myself and *Bismarck.” We leisurely walked along. “Arensdorf and Peters “took the lead. Henry Sherman walked with me. 1saw Jack Kyan next to Weaver's gallery and 1 said, “hello, Jack.” He said, “hello, Leavitt.” We continued walking along and stopped at Dineen’s cor- ner. unchrath then said, as we were wait- ing, “If they lick Haddock, ive him a black eye, or something, 80 as not to get us into any trouble.” Arensdorf spoke, but I cannot remember the exact language. e said some- thing about drunken Dutchman. I Haddock as he came from stable to the Col" mbia corner and started east acro » Water ‘owards Dineen’s corner, Arensdoif started towards him, After Haddock got about ten feet from Dineen’s house Arensdorf and Haddock met. Arensdorf looked in Haddock’s face. The latter raised his hand. Arensdort passed him one step, turned and fired. Haddock numb).otilnd fell, Arensdorf went straight sbead, Istaried to run in two or three sec- onds from the time of the shot. I was so startled | could not stir for a moment. I ran towards Water sireet, [The witness showed how the shooting took place, The descrip! was just the same as that given by F simmons, Arensdorf stuck his face in front of the preacher. Arensdorf stepped to the north and back of him and then whirled and fired the fatal shot, | Here court adjourned for noon. In the afternoon Leavitt resumed the stand and continued his testimony. He said that 1 s followed Arensdorf seven or eight teet behind, Witness ran to Ryan's house, where his wifo and others we He saw Arensdort next morning. He 1 he felt well and asked witness if he saw the shooting, e asked Leavitt to ke and, as a brother Knight of Pythias, ex- pected he would. Some days later ness sugrested it would be better to plead self-defense, but he said no. Atthe hour for adjournment this evening itt was still on'the stand, being eross- amined. During Leavitt of the y Atensdort was very visibly affected. He seemed to flush as never before during the trial, It is plain to be seen that the state is gaining, seems to be well sat- istied with the the trial. Couvicted of Manslaughter. Fout Donar, la.,, Mareh 28— Special Tele- gram to the Bre.l—The trial of John L. Porter, jr., for the murder of Mrs. Jameson Sentember 15, 1586, resulted to-day in a ver- dict of manslaughter, The jury were out twenty-seven and one-half hours, The last ballot before the verdict was reached was ten for murder in the tirst degree and two for ac- auittal, uhnwmf: the verdict to be a compro- mise. "The higliest penalty under the verdict is eight years imprisonment and a fine of $1,000. The verdict is no means satisfac- tory to the people, who €l it ought to have been murder n the first de- gree or acquittal. The testi- mony covered 506 pages of full sized legal cap in short hand and _the arguments were strong on both sides. 'The defense will ma for a new trial. ‘The court house was crowded to overflowing during the entire time of the trial and it was the most import- ant murder case ever tried in this county. September 10, 1556, a man entered the coun- try home of the Jameson family, sixteen miles southeast of this place, occupied by Mrs. Jameson, two daughters and a Mrs. Neymyer. 'The murderer demanded the money in the house, and when she failed to roduce it he shot her dead and then fled. *orter was shortly after arrested on suspic cion and tried with the result named. A Drunken Desperado's Deed, Des Morzes, Ia, Mareh 28.—|Special Telegram to the Brk.| — While Joseph Whisen and William Smith were sitting in an old shanty on South Sixth street, this af- ternoon, Sam King came in in an intoxicated condition and, after standing around for a few minutes, made some remarks to the two men. Not caring to enter into conversation with hin, they started togzo out, when King pulled alibre revolver and shot Smith in the lez. He then pointed the revolver at Whisen's forehead, ‘who hit Kin hand, and the ball took efTect in the left side, just below tne ribs, and passed upward. King was arrested and is now in jail. Kingisa desperate character well known to the police and sherifl ’s oflicers and_1s at present under indictment for a ing a sheriff’s prisoner to escape, The Des Moines Liquor Cases, Des Moixgs, Ia,, March 28.—[Special Tele- gram to the Bek.|—Judee Love of the United tates District Court while in town to-day issued an order compelling Constable Frank Picrce to appear before him at Council Bluffs on a charge ot contempt for rerunlm: to give up the liquors seized from Huribut = Hess & Co.. some time ago and replevined by order of United States court. The Anheuser-Busch company of St. Louis have begun suit against Pierce and three deputies for damages of 56,000 each for seizing the liquors consigned to the drug store, Think He Was Murdered, Sroux Ciry, Ia., Mareh 28,—[Spectal Tele~ gram to the Bek. |—The verdict of the cor- oner’s jury sitting over the dead body of Dennis Ragan is that he came to his death from causes unknown, and that he was dead before the train that ran over him struck him, Razan was found Saturday night in the Chicago, Milwaukee & St. Paul railroad yards, and it was generally supposed he was run over while lying on "the track drunk, but the verdict of the jury would indicate otherwise. There is now some ground for suspicion that Ragan was first murdered and then placed on the tr: Davenport's Political Situation. DAVENPORT, March 28, —[Special Telegram to the B —The democrats of this city are so much demoralized by the renomination of Mayor Claussen for a fourth term that the republicans have -hopes of beatine them at the city election Saturday. Accordingly the republicans to-day held a convention and nominated for mayor ¥, H. Hancock and a full city ticket. Ordinarily this city gives 2,000 democratic majority, but things are very much mixed this spring and the republicans are yery hopeful. s 2L BAD FOR BADEAU. Colonel Fred Grant Spcaks Dispar- ingly of Him in an Interview. CincAGo, March 28, —[Special Telegram to the BEE.]—Colonel Fred Grant, who 18 in the city, was seen to-day by a reporter in rezard to Adum Badeau’s latest letter, in which the Iatter treats of General Grant’s relations with James G. Blaine. *I don’t like Badeau's letters,” said Colonel Grant, *‘as he has made statements that T know to be incorrect. 1 have not much confidence in his stories. Concerning my father’s relations with Mr. Blaine, however, he presents the facts pretty correctly. That my father had any bad feel- ing toward President Garfield for taking Blaine into his cabinet I don’t know, and it is probable that if he had any bad fceling toward Arthur it was on account of some- thing Badeau himself told Lim. As to the campaien of 1844, fatier was for Logan, and belng for him, said nothing about Blaine or anybody else. It is not true that he ed to support Blaine after i nominated. Father was a republican and never went back on the ticket. 'In all ofticial intercourse between him and Blaine the two were friendly. Badeau is not justitied in many of his statemcnts. e assumes too much, He was on father’s stall and was dis- liked by every other porson on the staff, For that reason, and beeause he was friendless and in asense helpless, father helped him along and took caro of him alnost up to the time of his death, For that reason Badeaun flatters himself, Because he was treated kindly he lmagined he was consulted about everything., Asa matter of fact, he was never consulted about anything.” L Crooked Whisky Unearthed. S1. Louis, March 2 [Special Telezram to the Bek.l.—Deputy United States Marshal Wheeler, of St. Louis, raided a crooked whisky ranch about two miles from New Malla, Mo., yesterday, Peter Niewig, apb old offender, seventy years of age, was arrested, and in a false cellar was found eighty gal- lons of fine old whisky. Atlirstthedwelling houses and outhouses were searched with no result. Finally, in a littlealcove cut off from the granery and adjoining the well, a still house was encountered, but the still was ab- sent, ‘Tne worm, tub, furnace, sluice-box and new ashes were there, but the still had been removed. \While probing around the searchers accidentally struck a hollow wall, and on tearing it down tound five kegs luscious Mountaln Dew. Peter was very si but his wife was well and proceeded to battlé with an armful of rotton potatoes and apples, As the marshal could not remove the stuif or prisoners, he locked the cellar arter taking samples and returned to the city, notifying the district attorney of the tnd. - Nteamship Arrivala, NEw Yonk, March 28, —(Special Velcgram to the Bek.)—Arrived—"I'he Alaska from South Hamuton,and we Eider from Bremen, NUMBER 284 FIGHT THEM WITH DYNAMITE Irishmen Urged to Renew tbe Deadly War< fare On Englishmen. A LEADER'S WORDS OF ADVICE. Fitzgerald's (Proclamation Creates & Scnsation in New York and Is Construed By Some As & Can to Arms, An Appeal For Foree. New Yonk, March 28, —|Special Telegramd to the Ber.[—A local paper to-day says: Since the time when the members of the Irish Natlonal league ot Boston, with John| Boyle O'Reilly at their head, issued the an- nouncement that £1,000 would be paid 1f an informer could be found to tell who assaulted ! Lord Frederick Cavanaugh and Mr. Burke in Phanix park, Dublin, nothing has oec- curred in this country that has created such a sensation among the Irish-American ele- ment as the proclamation by John Fitz- gerald, president of the Irish National League of America published yesterday, os- tensibly an appeal for money to help along the Paruellite mode of wartare. It isthought by many to be really a call to arms and a distinet threat that preparations will be made on a large scale to carryout the dynas mite explosions, which was the order of the day two years ago in London and ogher Iarge centers of English population. If the Irish sentiment both here and in Brooklyn s to be believed, there will soon be a relgn of *blood and thunder” in England should the coercion act be passed by parliament. Sev- eral Irish nationalists from this and nrlf boring cities met last evening to discuss the present position of the Irish question and to su:gest what, in their opinion, should be done to meet the proposed coercion net. Willtam J, Knoud was present and his speech was the most important of the even- ing. He said it was a waste of time to rel any further on parliamentary effort and thal it anything was to be done it should be in the line of force of some form or other so that the Enelish would understand that the lay for speech-making and wordy resolu- tions which hurt nobody had passed. He added: “Mrs, Parnell, mother of the great Irish leader, was under this roof several months, and_what 1 told her many times I now repeat: That while Parnell able man, his usefulness has reach and the work of Irish nationalists henceforth must be reyolution and dynamite or other foree that will help to paralyze the oppressors of our country. [Applause.] low can we light, do you ask? Look here lvuhlullg to old swords and guns and revolvers that he brought back from the war hanging around the room|, do vou see these? We have given up attempting to fight England with such weapons: We will fight her now with dynas mite, polson, knives, fire, every weapon the ingenuity of man can devise, in the words of the manitesto—if, of course, the coercion bill be passed. Do vou know thiat this continued persecution of Ireland has made dynawmiters of moderate men?” The Coercion Bill, LoNDoN, March 28,—A conterence of liberal-unionists will be held at Devonshire house on Thursday to consider the coercion bill. An exchange of views in the lobbies on the bill disclosed the fact that several of the unionists disapprove of the measure, but the mass of the party consider its provisions not too stringent. Lord Hartington and Cham- berlain will give thorough support to the whole proposals. The threatened defection of unionists will probably not exceed tem votes, leaving the government still with a s potent majority. The Parnellites held an in- formal meeting and united in denouncing what they termed the atrocios aracter of the coercion bill. The measure, they said, concealed under its provisions powers for the extinction of the liberties of the press, public meetings, free speech and all individual rights. t'he Parnellites disre- garded the threats of Smith to continue de- bate until the second reading of the bill. ‘I'hey say that it the protraction of the sit. ting results in a test of physical endurance they will be ready for the struggle. Itis the opinion of a great many persons that Bal- four’s speech, which was of great length, was weak, confused and pointiess, and that on the tirst chance he has had to show it he was capable of rising to a great occasion he has made a notable fatlure. Parnell has posts poned the introduction of his amendiuent until he consults with his colleagues, Lord Hartington is about to issue an ad- dress through new unionist pape In 1t he says: “We are confronted the present moment with a more acute f of the problem of Ireland than has ever been presented in past times. The difficulties of the problem have been Intensitied by the action of the liberals, who, suddenly discard- ing every remedy hitherto approved by the liberals, have made a chunge of [ront unpar- alleled 1n completeness and rapidity and adopted tha policy of the avowed eneniies of the integrity of the British empire. Their action has stimulated the courage and hopes of the separatists, It is the duty of the liberal-unionists now to endeavor to bring back the liberals to their faith in constitu- tional reform, resolutely exposing the delu- sion that the abandonment of their principles or the sacritice of any class of their countrymen can be an act of courace or justice.” Re- ferrink to the coercion bili, he § tLH 'Not & single unionist believes in coercion as a pols icy, but all believe in the necessity ot every civilized country asserting the supremacy of the law. The object of the separatists is to prove ttat the go reland, as a artof the Unifed Kingdom, 15 an impossi= ility with or without refo) ‘('he object of must be to prove the union_in luble avhile doing justice to Ireland.” The whole tone of the ‘manifesto indicates t there will be no compromise, Messrs, Chamberlain endorse the manls Dillon Talks on Coercion, LoNDON, March 28, —In the house of com= mons Mr, Dilion followed Mr, Balfo:r. He said that this coercion bill would never pass intoalaw. {irish cheers.] If he believed that the people of zland were capable of sanctioning the weasure he would give up forever the hope of sceing the Lrish and Eng- lish shake hands, The Irish people would bo slaves indeed, it they submitted to it Either he would leave a counuy where no Irishiren could live unless he lived like a slave, or, if the people were willing, he would be proud and happy to lead them in battle, [Cheers.| The ineasure could only result in causing Increased disorganization and driving the people back to the horrors of former vears, [Cheers.| Earl Spencer, believing his life to be in danger, had the courage to face the pcople of Ireland like & man, but small credit was due the present government, who did no w the danger they were facing, Crie: ! oh!"” and cheers.| More miserable excuses on which to found coercion had never been heard. Balfour had suceeeded in proving nothin, but his own ignorance of the conntry whiel he sought to govern and the sooner he quitted the office the better for Irelana and or himself, The government was practicall; treating Irishien like slaves, They sough{ to stamp them out like vermin, ‘The govern-: ment offered them the prospect of a favor- able land purchase bill if “this coerclon bill passed, for neither a land purchase bill nor any other Iiish measure would live to be accepted at the hands of the English parlise T Mlalas sn T Kearnecy Came Back. NEW Yonk, March 28, —James Kearney, o lawyer who was reported to have absconded with the money of a number of clients, hns returned and declares that the storics are false, He declares that his debts are only about £30.000, while his assots are near £30,000. He admits that he did wion :in als lowing his partner to use $15,000 belone mg to one of Kearney's clients, bul siys he d ready to make the auount good, g | |