Omaha Daily Bee Newspaper, November 10, 1889, Page 2

2 1 — TWASA RELICIOUS MEETING Bo Say the Twelve Wise Men of Tokamah, INCIDENTS OF THE TRIAL, Mr. Rosewater Makes an Argument in His Own Defense and Takes an Appeal to the District Court. A Verdict of Guilty Tn the cause celebre of the stat water for tho ulloged ligions meeting at night of October 23, verdict of guilty When Mr. Rosewater entored the oourt room at o'clock p. m. on Eri day thera was @ rustling of feminine siirts and the audible s of masculine tobacco juico on the mir. Tho courtroom was crowded with ladies and babies—the former discussing the enormity of the crime to be venotilated, the latter crying and howling. The jury empanncled were & fairly in- telligent set of farmers, and consisted of two prohivitionists, one democrat and three re- publicans. Before tho jury was fairly established two rank probitionists were excused obvious reasons— rank prejudice. Tho state caliod eloven witnessss in all, mamnly ladies of the Woman's Christiun Temperance union, and three clergvmen, Lho county attorney, Me. 5. W. Peterson, was immersed in glory. He has been recently married, and as nis wife and mother-in-law wero in the audience, he “played for the crand stand,” as the sayiug is. Whenever a hit could be made at Rosewater that would canse n titter among the ladies in the audience, the county attorney bridled and almost hugged hiwself. The evideace was dire prohibition lecture of Helen Gougar was a ous meeting, and while the evidenco was far from establisuing the fact, the pro- ponderence of evidence for the state and the paucity of evidence for the defense decided the case agaiost Mr. Rosewater. Mr. Rosewater acted as his own attorney, and all the documentary evidence offered by him was objected to and refused. Heand his reporter, W. G. Richardson, were the only witnesses introduced for the defense, and the county attorney at- tempted by every device to impeach and break down their testimony, An adjournment was taken at supper time, and after the court reconvened the state recalled & number of the lady witnosses to prove by the imost trivial technicalities that the testimony of the defense was iucorrect. During the arguments the utmost interest and silence was maintained. During Mr. Rosewater speech he was frequently applauded, and when the case was given to tho jury & number of the proui- fnent business men of Takamab dropped in to wait for the vordict. At 11:80 Judge Gillis went home and the Jury was locked up for the night, At S:30 Saturday morning the Jjury brought in a verdict of guilty and a fine ot £10 and costs was imposea, the judge cutting the fine im- posed by the'statutes in hal®, Thc costs will Pprobably amount to $7. @ Mr. Rosewater appealed tho case, and it ‘Wwill come before the district court. After tho verdiet Mr. Rosewater was met by many of the most prominent men in Burt county, who assured him of their good will and sympathy. doplored the fanaticism which had caused him 80 much unnecessary annoyance. Following is Mr. Rosewater’s address to the court and jury : Your Honor, and Gentlemen of the Jury. ‘This is a case, 8o far as the penalty is con- cerned, trivial, and in every respeet a matter of very little moment wera it not for the fact that a very vital principie is involved in the 1ssue. It would have been a very small sac- rifice on my part to have paid £20 into the treasury of Burt county, aud to have submit- ted to this fine on the charge of disturbing a public meeting, although the disturbance, whatever there was of it, wus 1made by dis- orderly persons who withileld from me the privilego of defending my reputation against an infamous slanderer. * But the issue upon which you are called to decide is thut of per- sonal rights aud free speech. You are con- fronted with the question whether an American citizen shall bo deprived of his right to defend humself against defamation made in a public asscmbly held for the purpose of discussing a political issue. Many of you perhaps are old enough to re- member the abolition and free soil struggles —the agitation for free speech, a froo vress and for freo American soil. Nebraska 'was born in the throes of that momentouss struggle. The Kuusas and Nebraske act of 1854 the outcowe of a conflict that had for its primary object free speech, upon 8 freo soil. Tho ‘““free soil’’ pioneers of Kansus and Nebraska wero the founders ana fatbers of what becawe the union republican party, that grappled and overthrew slavery and ‘lrnclnhnml liberty throughout the land 0 all the mhabitants thereof. As one of those Who tool & part in these early struggles for free speech, 1 realize ‘what is involved in its suppression. Thirty years ago_last winter, while temporarily living in Oberlin, O., [ carried messages and letters from their families to Prof. Fair- child, Prof. J John M. Langston and ' others Oberlin — college faculty. inc: m tho jail v they had disobeved tho _which sought to make every American citizen a slave cateher, and ‘because they had assisted in the rescue of a fugitive slave from his pursuing master, These martyrs of the loveof liberty asserted that there was a higher law than the fugi- tive slave act—the law of humanity, which entitles any mau, black or white, to life, lib- erty, and tho pursuit of huppinoss. ut here in Tokamwah you are trying to do violence to these fundamental principles, and you are asked by your verdict to proclaiui that a commuuity may by physical force do- rive o man of the God glven rights, because 0 happens 1o Lold views at variance with yours, ‘The tyranny of a devraved public opinion 1s strikingly illustrated by my own versonal experience. 1removed from Overlin, O., in the spring of 1850 to Murfreosboro, Tonn., then and now atown of about the saige popula- tion as Pekamah. 1 had scarcelyBeen there three weeks when a burly fellow came to the telegraph oftice in which | was employed sud brutally knocked me down vecauso ! had mude somo offensive remarks concorning southern institutions., 1 had the man ar- yested for assault and batterry and brought before @& justice of the peace. but the court” discharged him, The judge did not dare to pronovnce him gullty 1n the fuce of public sentiment in Ten nesseo, which would vot tolerate (ree speech, ‘Those who, like me, were in the south at tho outbreak of the war, aud went turough he fleey ordeal of secession, an_ordeal that tried ‘men's souls, aud when it was ‘worth 3 wan's life W be in favor of the wunion, can appreciate the boon of free speech. \What were these men battling foi ! It was to uphold the cae- dinal principles of a republican form of goy- ernment: to assure for ourselves sud our vosterity the liberty of couscicuce and the right 80 dear to every patriotic Awerican; the right 1o express Lis sentiments, no mut- ter how much. he may differ with those of Lhis fellows. 1 have lived in Nebraska wore than a quarter of & century, but I never have heard of an instance when any wman whose reputation assailed before an audience was denied the privil of fucing his accuser and being heard i his awn defence. 1 never expected that the time would cowe when & Nebruska nudienoe of 500 meu and women would deny the right to sny man who had been charged With crimos in public, the privilege of ask- g his noouser simple question. our county attorney says it did not make difference whother Rosewator is beard. iobody lu your community carce wout is about ilnh'or how much his character 1N you can not damage a man's ) but ‘Wlation. Your count vs. Rose disturbanco of a ro felkamali, Neb,, on the the jury brought iu a for od to show that the 4 can injure his rep- attorney insists that 1 have Msturbed a religions gathering, Ts it 8 roligious practice 1 uphold sianderers and counfeoance defamation? The bible says, “Yon shall not bear false witness against vour noighbor,” but men and women who call themselves christians have coun tenanced an outrage, and now seek to persist in persecuting me because I came to defend my reputat ainst calumny and false hood. Suppose any other man had been in my place. I say it would bo a diabolical hicg to pursuo that man after he had been denied a hoaring, publicly insulted by a vote of censure. and dragged around a town the midnight hour, through dark streets and alleys, by a deputy sheriff. This may be very fine amusement for the society which calis itseif ‘‘roligious’ and ‘“christian.” but I must SAy to you, entle- men of the jury, that your verdict tiere to-night will be heard by o great many people throughout this state with more (han ordinary interest. 1f some drunkar loafer about town, or a gang of roughs disturbed Mrs, Gougar's moeting, it would be proper to put them out, of put them in jail But what * excuee 18 prosecutiont It is customary t tho man who s his accuser has the right to demand of him the source of his accusation. But your religious prohibition society acted as if [ had veen the devil incarnate: as if 1 had hoofs and horns, when Tquietly walked up the contra aisle of the hall and merely raisod my arm to o recognition, after 1had been maliciously assailed by Mrs. Gougar, Was anybody in thut room afead of bodily violence! What need was thore for the people to howl and jump up like so mauy dervishes! Had such a thing happened & where duving the war in a rivilized tow had a man accused of being n rebel ot traitor 1o forward in an audience to defeud him- would have haa a hearing. But sugar took advantage of her positiou. Sho knew that our criminal laws do not bunish people for slander, and she shouted, ward Rosowater cannot speak in this ting,” and incited the audience to act like a mob. vor have yot allowed any to slander mo in my pr 1 never will. When some s ago an Omaha paper charged mo th beine a rebel spy I called tne editors into court, They were couvieted of 1ibel and fined §100. These parties have been mdicted the grand jury and escaped only by man- ipulation |'The county attorney interruptin Do you know this to be true Mr. Itosewater—I do, and can The connty attorney, Parke Godin, had the indictment in his hands and failed to present it. T have been a target for libel for many vears, and I feol these saults as keenly as any man does The legul points in this case are very simple. The learned attorney for the state has very carefuily read the first part of the statutes relating to the disturbance of re- ligious meetlngs. But ha has omitted the concluding portion, which must be read to arrive at the ntent of the law: “If any person or persons shall at any timo interrupt or molest auy religious society, or any member thereof: ‘or any person \vhen meeting or met together, for the purpose of worship or performing any dnties enjoined on or appertaining to them as members of said socicty; the person or persons so offend- g shall be fined 1 any sum not exceeding $20; provided, that this section shall not bo 80 construed as to deprive any religious so- ciety of the right of laying hands upon the verson or persons who may be disturbing the congregation and turning him or them out of the church or place or worship.” Now mark the language of the statute, “interrupling or molesting uny re- ligious Society when meeting for the purpose of wo Aud again, where iU says, 3 nd upon the person or persons 10 may bo disturbing the conyrejation and turning tim or them out of the cnurch or place of worship."! To violate the law relating to disturbing religious meetings there wmust be religious worship, religious services, in . place of worship or a place used for the purpose of worship. No ove who has any horse sense cau interpret the 1aw in auy other way. The state must prove @ weoting such as is do- seribed 1 the statute, Have thoy proved Mrs. Gougar's to have been such? It was not only necessary to allege, but to prove that a place is, as aileged, o place of worship or church. I have talked with some of the greatest jurists in the state, and they say they can not construe that meecting into a religious meeting as contemplated in the statute. The plain intent of the law is to pro- teet the people met together for worship, and all the auxiliary societies connected with the church. What religious worship was there disturped at Mrs. Gaugar's speech! The fact that the meeting opened with prayer aoes not muke it a religious meeting. Political conventions and legislatures open with prayer. The facts in the case are usclearas daylight to any one who is fair. This meet- ing was called by a society organized for the promotion of temperance in drink. The ad- dress was a political speceh i favor of the prohibition amendment. Idid not come 10 Telcamah to disturp that meeting, or for the purpose of discussing vrohibition. 1 accord man or woman the right to their opin ions” The people of this state aund the Unit States may differ in a degreo us to the bost means for repressing intemperance in driok and doing away with the vices and crimes that spring from in- temperance. Nobody contends that drunk- cnncss is notaserious ovil, and 1 huve always admitted that if probibition would suppress intemperance it would be desirable. T did not uttempt to vet a hearing on that ques- tion, but on a very vital one to myself. On the afternoon of the 20th of October I re- ceived this letter: Laxcony, Oct. 28, —To the Editor of Tue B ‘I'he writer, a constant reader of your paper. listened to-night to Helen M, Gougar in Lincoln, and for twenty minutes your ed- itor was made the subject and object of the most scathing rebuke ever heard in this city, She asserted thut be connived with the Liquor Dealers' association 1o defeat the prohibition amendment inthelast legislature by accepting bribes for his work and send- ing agonts into lowa who made false reports of the condition of the state under prohibi- tion rule. She stated also that he received and accented $4,000 from the liguor interests for his work, and advised every one of the 1,600 people present 10 expunge Tur Bre from their homes, and if subscrived for to stop subscription of the same at once. Said in conclusion that she hoped *God Almighty would have pity on such a creature, who would sell soul and body to the devil for $4,000." She expects to visitubout fifty towns in'this state and thus advertise the paper and its editor. The writer advises that you have your reporter at David City or Toku- mab, where she speaks next, to report verba- tim what shesays. Yours, J. H. Buey, Now, gentlemen of the jury, these charges are untrue sud slanderous ia each and every particular, ‘The record of the legislature T have here with me, in the printed house journal, aud ulso @ copy of that portion of the testimouy which Me.” Iler gave before the committee, cortified to by Brad Slauglt- or, clerk of the house. These documents und official proofs were objected to by the county attoruey, who clatms toat I should lave brought the origiual copy of the lnvestigation which 13 in the archives of the state at Lincoln, Now, I do not know who the author of the lotter 'frowm Lincoln is, and I do not care. T lettor explains why I started for Teka- mah, My first impulse after receiving this lotter was to have Mrs. Gauger arrested for criminal slander, but whea my attorney in- formed me that our luws do aot maie slander a criminal offense [ decided to face Mrs augar at tho Hrst opportunity and deman an explanation und & retraction . One of tho most amportaut questions for you to consider is the otive for what is called the disturbauce ot a religious meeting. Had I gone to Tekamab 1o compel Mrs. Gougar to debata with me on prohibi- tion it would have boen an impertinence on my part to atlempt to get a bearing. But Mrs. Gougar hud started out on a tour of the state deliberately making these charges at every town she caume to, not ouly assuiling my reputation but seekingsto injure my busi ness, which I bave a right to protect. Thavo now shown the incentive, 1 arrived in Tekamah at 5:40 and it took until nearly 9 o'clock for me to get to the rink. You will observe that ~ the testlmony given here, as well as the advertisement, showed tnat the meeting was 0 begin at 7:0 p. m., so that if Mrs. Gougar did not begin before 8 o'clock she must have been speaking fully an hour when [ entored. 1 remained near the door quietly listening for at least thirty minutes, and until after she had repeated her cnarges, and reached what I thought wus 10 be the end of her talk, [ walked up the wislo quietly, and when she made a slight pause after one sen- toace, raised wy head for recoguitien, so I could'get the privilexe to refute hor charges before the audience that had heard them, or thera for scnee, and slander unjust ws. THE OMAHA DAILY BEE at least ask her where she had got her formation. Why did you want to do that " asks b county attorney. *You havea groat paper at your command and could have denied the chargoes there ow suppose Mrs. Gougar had charge some other oitizen with bribery or oo ruption, would he bo expected to go into a paper 1o refuts the charge! Would he not have a right to face his acouser and m a cavil way nsk for proofs! Suppose Mrs. Gougar should repeat her charges in fifty towns to average of 500 people each night. my paper might reach 4000 or 5000 of these people, but 10,000 of them wonld go home believing the charwes to bo true, and the prejudice thus created would take years of time to eradicare. The records show that Ilor nevor paid me £4.000, or any other sum. Iwas not at Lin- coln when the vote on prohibition was taken, and therefore, Mrs. Gougat's charge that I tried to manipulate the legislature falls to the ground. I did try to have the supreme court annul the duplex prouibition and high license amen submitted, because I did not believe passed the legislature in a legal form. went there with Mr, Poppioton and John L. Webster to hear the case argued. 1 paid my own way down and back and my own hotel bills. I put in ten days in this effort, and the liquor acalers haven'’t even oftered 1o pay the expense of printing the brief, So far as they are concerned, they do not appreciate what anyone does for them, or what ef- forts are wade to benetit them pecun- inrily. 1 certainly owe the liquor dealers no favors. 1 oppose prohibition from princivle and from a conscivatious conviction that it is impracticable and would seriously retard the growth of this state. When I was a member of the legislature, as far back as 1571, [ votad and fought ugainst prohibition, and my views have undergone no change since then, Now, gentiemen of the jury it is for you to decide first, whether this was a relgious mecting in the sense in which the law contemplates it. The law is ntended to afford protection to religious assemblies in the act of worship from bemg disturbed by rowdies, but the law never intended to include as & disturber of a religious weeting & man who came into a mecting for political discussion to defend his name from calamny and siander. That such o person should bo arrested und dragged about your town is a disgrace.to your community, Allthe noise and all the disturbance came from the very people who claim that I disturbed the mecting. If a minister, as one of the witnesses has averred, had gone forward and said the train is gong 10 start in teu minutes, and had interrupted the speaker, would he have been hooted down ! In any similar case this wounld be a “‘tem- pest in a teapot.”” To go to work and call a Jury to try a person who stepped intoa room, even if a Chibaman, to arrest the attention of an audience sufliciont to say that he was not guilty of the churge made against him, s simply atrocious. 1f this religious society succoeds in convieting me the general verdict of mankind will be that in Nebraska manuners and chivalry are un- known. And I am told that one gentleman here said to one of the iwitnesses that he was sorry that T was not tarred and featherod, ‘This brings us back to vhe southern chivalry, who shuved peoples heads or kukluxed the for daring to express ar offensive opinion. Iam abie to outlive this outrage, but 1 the name of common sense how can respectable people uphold such work! The county at- says ho doesn’t care how Rosewater He will say that this man vater has had his hand against every man in this state in_public life; he has as- sailod hundreds of the most reputable men in the state. What ave the facts? I defy the attorney 1o cite acase where I have Kknowingly wroneed any public mun, Never, in my entire carecr as editor, have I at’ tacked any man unless I believed him to be corrupt or disreputable. I helped to im- peach David Butler, but e does tot harbor malice against me. Talways feel a grave re. sponsibility in criticising men, and 1 havo often folt intense agony that L was compelled by a sense of duty to oppose and denounce m As to Mrs. Gougar, let me say I da not propose towar with &ny woman, no matter how vulnerable she may be. If she Is en- listed in a good ciuse her personal conduct should vot affect it. But I will never let a slanderer denounce mo within_my - hearing without demaunding proof. It is for you, to- night, to establish a precedent in Nobraska, to0 say to people who go about lecturing and agitating pronibition that they must be tem- perate themselves and uot siander peoplo against whom they have no proofs, I appeal to you to say by your verdict that this community should be well satisfied when they subjected me to il and andignity and detained me hore when [ should be at Liome, where I had vist interests requiring my attention. ‘ T think that the time has come in Nebraska when small-souled bigotry and intolerance which sceks to punish people simply because they lave tried to defend their reputation should bo stopped and re- buked. The president of your Woman's Christian Temperance inion bublished in an Omuha paper a vers peculiar fling at “foreign missionavies,’’ and a paper in Bury county has gono clear out of its way to taunt me about my birth and ancestry. 1 want to say right hore that I an not ashamed of my ancestry. The accident of birth is not a crime. "1 do not feel myself inferior to my two brothers who were bora in Cleveland, nor to my wife, who was born in the same place, and [ respect the memory of my wother and my father just as much—even it they were natives of a foregn land. Such prejudice is utterly un-American, How far back can you go before you strike an ances- tor from duother country The puritans who landed in the May- flower on Plymouth rock und laid the foundations for this great republic came from Eugland. General Lafuyette and a whole leglon of foreizaers came to America from France to battie for the independence of the American colonies. Men of foreign birth, Catholics, Jews and infidels, such men s Thomus Pamme, Dekalb, Steuven, Kos- cuisko und Pulaski fougnt side by side with George Washiogton, und in the great war for the preservation of the union thousands und hundreds of thousands of men of forsign birth offered up their lives that this nation might live. Only two wonths ago, when [ visited the nation at Mission Ride, where thirteen thousand heroic union soldiers slecp their dreamless sleep, under theso little square blocks of stone whicn mark the lust resting place of the heroes, L noticed the name of Awmericans and men of nearly every bpean nation, Under the starry banner they bad fought and died to muintain the indepeadence and integrity of this union. To disparage men born in an- other land shows u most heathenish _disposi- tion, and is at variauce with the entire spirit of our graud and free institutions. Build a Chinese wall uround us and put an embargo civilization in the light of tie nine- teenth century, and those fanatics may ac- cowplish what they seek, But if iu this land men are to be ~defamed because they have sought to better their coudi- tion, have sought conditions of lib- and freedom that they could not find in Kussia, Germany, Ireland or Italy— 10 tulk sncerivgly and contemptiously of that class of citizons 13 mean, [t dovs™ not take much bravery for a man born on Amer- ivan 80i) to assert” himsel{ and hold his pwn, but it does take some courage for a man w0 cut loose from the land of his birth, to leaye bebind friends and kindred to cross the occan and start out in' the unequal struggle for and io the face of obstacles fi ght life's batte in & strange country. This 18 4 diversion from but it shows what overcomo who are in- 3 the main issue, prejudico men have to not responsible for the uccident of birth. It 1s for you, gentlemer of the jury, to decide whether 1 am awen- able to the criminal code for simply exercis- iug the privilege of an American oitizen. ~ - A BIRAZEN ¢ MRGAN. The lowa Result Attributed to Eail- road Kmployes' Votes. St. PauL, Nov. 9.—A paper published in this city, devoted to railroad matters, com- wenting on the recent election in fowa, re- marks that the vesult 1s a good thing for the railroads, and claims iv is largely due to the vole of railroad employes. Railway em- ployes, it says, huve awakened to & knowl edge of their owa streagth. They have learned that their cause is not the grauger cause, aud that they have nothing to gain and everything to lose by the policy of op- pression on the railroad” companies. What- ver party or man it may be that strikes at their meaus of Living, that party or man will feel the weight of their eawmity at the polls. ‘The great counterbalance long needed for he granger vote has been found in the vote Of the organized railroad men. PRONIBITION- 1S DOOMED, -———— Its Doath Knell Sounded By Gov- ernor-Eleot Boles. THE STATE|TO BE RENEEMED, Democrats and Conservative tepub licans to Unite in Giving Effecy to the |Verdiou of the l‘nu’J Ballots. L Hoies on'the Liquor Law. Watenioo, In., Nov. 9—(Spocial Tele- granito Tum Ber)—The city was given over to the democracy to-night in ceiebra- tion of the election of Mr. Boies as gov- ernor. kixoursion trhins wore run and large numbers were in attendance from Sioux City, Dubugue, Marshalltown, Codar Rapids and other points. “The city was decorated and Hlluminated, and after a procession Mr. Boies spoke from the Trving house steps fn regurd to prohibi- tion. Ho said: “The clection has cstablished the truth that no political party can wantonly violate the sucred rights of the least of her citizens and continue to wield tho scepter of power, The present law upon the liquor question was in its very incention a cruel violation of the most sacred of all political rights—the rights to be secured in our per- 8008 and proporty. The democratic party is pledged to enact for the control of this trafic a wiser and bettor system of laws—a system that will meet the wpproval of localities to which they belong. It will, 8o far as lies within its power, faithfully fulfill that pledgn, und since its = plan has sccured the approval _of a ma- jority of the electors of the stato, we have reason to believo that the conserva- tive republicans in the logislature wiil unito with democrats in giving effect to the ver- dict of our people as expressed at the volls. With this accomulishmont wo may reasona: bly hope to reach tho end of strifo ou this question, and §co our statoenter upon an cra of business prosperity to which it hustoo long been a stranger.” He only mentioned tho railiway question incidentally, saying that {n the election of the domocratic ticket ‘‘capitalists recognized the fact tiabin our party there would be no element or faction willing upon any pre- tense whatever to confiscate the fortunes of any class of our citizens.” He reforred in a fow words to the tariff question, and urged strongly some mode of ballot reform. “The town was crowded with visitors, and they shouted themselves hoarse over the victory, Shot His Brothor-in-Law. Drs Morses, In, Nov. 9.—(Special Tele- gram to Tue Ber.|- Word has reached this city of ® murder which was perpetrated near Macksburg Tuesday night. A young man named Myers, a son of Rev. Mr. Myers, aresident of Grand River township, shot and killed his brother-in-law, MeMullen, ‘I'ho trouble grew out of a family quarret. McMullen had mprtgaged some property which had belonged to his wife after falsely representing, ns she claims, that he had re- coived a vaiuable , consideration from his father. When MoMullen’s father foreclosed on the property his- wiie protested and car- ried the case 1o the courts. Me- Mullen had left, jus wife in the meantime. Tuesday njght he came back to the house, which is in Union county, just across the line, and drawing a revolver on Lis wife, said one or the'other must die. The revolver failed to go off, and young Myers, who was staying with' hls sistor, picked up a shotgun, and leveliing: it at McMullu, told him to put up his revolyer. . He did so and Myers put away the gun. Heand Myers then talkea the matter over, when MoMullin attempted to draw the revolver a n, and Myers closed in on'kim:'* “Myers finally got hold of tho revolver: and shot McMullin deud. He is now iu Jail at Afton. Fell From tne Buoilding. KrosAQuA, In.. Nov. 9.—|Special Telogram to Tk Bek.]—The residonce of Henry Gra- gos, 1 Henry township, was burned to the ground Tuesday evening last. Only the chilaren were ut homo, Charley Grages, aged about fourteen years, was the oldest child at home, and he noticed the fire first burning in the roof near the chimney, He climbed to the roof and_tried to extinguish the flames, but could not, and while upon the building slipped and fell to the ground, breaking his right leg at the thigh. He was dragged away from his dangerous position his sister and a neighbor near by, who succeeded in saving a few articles of house- nold furniture, Ths Kducational Convention, Masox Ciry, In,, Nov. 9.—[Special Tele- gram to Tug Ber.]—The school principals and county superintendents of northern fowa adjourned their session here to-aay, and will meet at New Hampton on the second Friday and Saturday 10 May, J. Jones, of New Hampton, was elected president; G. S. Dick, of Charles City, secrotary and trous- urer; C. R. t3arrett, County superintendent, and Mitchell a member of the executive com- mittee, Drove Off a Bridge. DUBUQUE, Ia., Nov. 0. —(Special Telegram to Tue Bee.|—Last night James Arthur and a ten-year-old eon of Lawrence Desmond drove off the bridge just north of the parish church at the monastery and were thrown iuto the creek below. Hoth of young Des- mond’s logs were broken. He was taken to the monastery, whers ho was cared for, but is not expected to live. & Mine Inspector Resigns, Des MoiNgs, Ia, Nov. 9. —|Special Tele- gram to Tur Bee,|—J. E. Stout, state mine inspector for the Third district, has re- signad, to take effact December 1. A Thanksgiving Proclamation. Des Morxes, In, Nov. 9.—Gove rabeo to-day 1ssued a thanksgiving procla- wation, calling the attention of the people to the muanifest reasous for thankfulness, and designaling Thursday, Novewber 25, as diy of public thanksgiving and praise to Almighty God. The Surgeon General's Showing. WasiNGrox, Nov. 9.—The anunual report of Surgeon General Moore, of tho army, &ays the value of the nibrelintile and hospital supplies issued during the pust fiscal year was $105,018, and tue Gish hupplies required for 1ssue during the current year will prob- ably exceed that awount. Reference is made to the work of ‘tile army medical musoum in this city owhieh now contaius specimens. Hohuyss A'careful study hgs heen made of the skulls and skeletons callected in Arizona by the Hemenway southétn’ drehucological ex- pedition, and the resulls ‘of this study aro embodied in the report'wit numerous illus- trations. As these spabiiiens are undoubt- edly among the oldest human remains found in North Awmeriva, @ large part of them being at least 1,000) yoars old, it is be- lieved this report is.especially interesting and valuable and v ¥ “slcommended that congress authorizo 1,000 bhpies of it to bo prinied av the governnfbnt brinting ofice for distribution by this oftfer.” —— Executive Olemency. WasmiNerox, Nov. 0.—The president has gruuted 8 pardon In the case of W.R. Driskill, convigted in Tllinois of violating the juternal revenue law, 4ud has remitted the unexpired sentence in the case of Mrs. Mat Broxiey, couvieted in 1llinois of sending ob- Bcone matter througis the wails, An application for pardon was denied in tho case of John W, Joslyn, conyicted io Wisconstn of violating the pension laws, kel The Command of & Regiment, Viasmixaroy, Nov. 9.—Major (ieneral Schofield has decided that *(he command of @ regiment should always devolve uvon the Benior oficer on duty With it, whelher he be stationed at tae heddquarters of the regi- went or not."” A 'S MURDER MYSTERY, The Body Found In a Tar Barrel 1dentified as Charles Kemper. S1. Pave, Minn,, Nov. 9.--[Spoecial Tele. gram to Tur Bee]—Tt fs ascertamed to- night that the mangled body found in A tar barrell and labelled “A Traito that of Charles Kemper, a young man about tweuty- threo years of age, who disappeared from St. Paul under mysterious circumstances lnst June. He was a sonof ex-Governor Kemper, the first chief executive of Virginia after the war. Kemper was sent to Minne- sota for his health early i tne spring and took up apartments on arrival here in & block on Wabasha street opposite the capitol builaing. He had plenty of money and did nothing in particular but amuse himselt at ball games and othor open air sports, e left tho houso for his customary walk one bright afternoon in June and was never again seen or heard of in St Paul. He had no outstanding bills and had his room rent paid in advance and no plausi ble reason could be advauced for his disap- pearanco, His room was left as though he intended to return shortly, When ke failed to return within' & few days his landlady became anxious and telographed to his parents in Virginia, thinking that per- haps ho had taken a sudden notion to return home, His parents bad heard nothing from him. Lotters were thon passed, but no tid- augs were lind ot the missing boy. The ouly and ultimate theory regarding his mysteri- ous disappearance was that he had been victim of foul play, as he was kuown to have carriod considerablo sums of monoy on his on at all times. He was said to have re- eived a draft for $4,000 the day before his disappearance. Detectives worked up the oase, but could not fathom the mystery. ‘There is no clue to his murderers, A LOST IN A BLIZZARD. The Awful Suffering of Colorado Cowboys, Nov. 0.—1It is reported by partics who know that at least twenty men are missing since the blizzard last weel from this rango and it is fearea many of them never will be found, Jolly and Wier, two of the rescued cow- boys, tell a heartrending story of their sufferings, When the blizzard struck them Wednesday night last week they were holding a herd of 2,500 cattle, Jolly and Martin were on guard till 3 o'clock next morning, when the storm became so blinding they couid not hold the herd. Jolly started to camp for help. In the meantime Miller and Weir had left camp to assist in holding the cattle. Jolly could not find the camp and Miller aod Weir could not find the herd. All were drawn together by shouting, and wandered around till daylight, when they found Martin, The cold was 8o bitter that they took the saddle blankets from the horses and buried themselves 1 & suow drift. In the afternoon the snow piled upon them with such weight that they were forced to seek auother drift. About 4 o'clock Friday morning Jolly and Wier crawled out of the drift and made search for Miller and Martin, The latter only was found and he was dead. They took the horses and started out, leading them a few rods, when they found Miller on his knees with his bleeding face against the biast, his horse standing in front of hnim, He was asked to get up, but was unavle to rise. Jolly _igot assistance while Wierremained with their dying companion. Both of Wier's hands were frozen und ho was helpless to render any help and was fast becoming insensible” himself when a Mexican sheep horder found him and took him to aranch a fow miles distance. The men returned to where Miller had been left and found him hifeless. Four other men be- longng to the same party are missing and it is fearod are dead. TrixipAD, Col, -~ THE AMERICAN HOKSE SHOW. An Unqualified Success—The Jumping Record Broken. Cmicaco, Nov. 9.—The American horse show closed to-night. From a financial standpoint it nas been a success, while as an exhibit horsemen claim 1t has never been ex- (celled in this country, To-day a Percheron ear-old stallion, a first prize winner at ris, was sold to P, W. Kellogg. of Green Wis., for $6.000. This is said to be the highest price ever paid for a draft horse in America. The event of the closing meeting to-night was the performauce of Kosebury, the prop- orty of Morchouse & Pepper, of Toronto, who beat the world’s high jumping record Ly an eh, leaping six feet eloven and three- quarters inches. ~ Ontarlo, his only com- petitor, was withdrawn . - ACIFIC wR High A UNION K. Two Sections of a Kreight Colide With Disastrons Resnlts. Freight train No. 24, on the Union Paciflc, broke in twain at Silver Creck at 7:40 last night and & serious wreck &s rogards de- struction of property ensued. The engineer noticed the break and at once stopped, and while waiting for develoments the tail end crashed into the front, und Nebraska corn, Wyoming cattle and Idaho bullion wers mixed in opo conglomerato mass. Fiftoen cars were wrecked but 1o one was injured, The track was cleared at 11:40 and trains are now running a8 usual. A Big Snow Blockade, Desven, Colo., Nov. 9.—[Special Tele- gram to Tie Bee.]—The severity of the late storms in the Ruton mouutains, aud tho ex- tent of the blockade of the Denver, Texas & Fort Worth road, can be appreciated when it is stated that General Manager Meek, who Jeft Trinidad Wednesday moraing with u rotary snow plow and a special car, only reached Folsom, N. M,, seventy-two miles, late this evening. 31, Lowis, Nov, 0,—Dispatches from the Toxas Panhandle say that the deepest fall of snow in that region for years is now on the ground, All trains on the Fort Worth & Denver railroad are blocked aud there are nine engines in a snow drift a\ Field's station. The drifts are uine feet deep at Hartley and no trains have reached there sinco Tuesday. -~ Handled His Gun Carelessly. Moorengsp, Minn, Nov, pecial Telegram to Tue Bee]—At Meldrum farm, near Poiley station, Norman county, twenty-five " miles morth, this morning, Edwin Mcldrum, seventeen years old, a dentally shot himself in the thigh, and will die. He had been hunting i North Dakota and had returned, crossing the Red river in askiff. Ounlanding he attempted to pull his gun out of the skiff, muzzle towurds bum, and it was discharged. The young man is a son of R. O, Meldrum, & wealtby resident of Buffalo. N. Y, I AL The Undaunted Oherokees. Tanvequam, I. T, Nov. 9.—The council wet to-day and Chief Hayes read <his me g That part of it relating to the sale of the Cherokee outlet has alveady been pub- lished, In reference to the presence of white scttlers on Iudien lands, he said the couneil had frequently amsked the United States goverament to rewmove them, but the govern- ment ratber encouraged them to remain. He recommended that the request b reuewed, and if the government failed to respond, that the Indians themselves remove the squatters by foree of arms. Monday the matter of the sale of the outlet will be considered. ~ e O Canada, My Canada! St. Louss, It has just trauspired that John W. Jones, 8 clerk in the ticket of- fice of the Missousi Pacific railroad. disap- peared last Saturday night sud tuat his ac- COUNLs @re apout #5000 short, The young man wus well connected here. e Printers Burned Out, Kaxsas Ciry, Nov. 9.—A three-story brick huilding oocupied by Peter ‘Cieroan, with & ob printing establisument and the Kellogg Newspaper Priuting company, with all ils contents, burned tonight; loss $30,000, cov- ered by lusurance, 880.~-SIXTEEN He 1s Dissatisfled With the Postofice Appratsers’ Report, Byron Reod, one of the owners of the real estato in the postoffice block, tppeared in the United States district court yestorday to file his protest against the report of the apprais- ors. Ho alloged discrimination and irrogu- larity, and assorted that the apportionment should have been equal. The apportionment is as follows Per front foot. £410.00 Sand 8., 408,00 Buia o 1410.40 " Loviesonsvves 150416 o N 00 ft Jot 1 30.10 @ ft doep S80ftlot ..., 70500 " 1S ftiotS.... 706.00 " 10.50 Nigaihiots. 71800 “ 10.88 Niga2-hlots. 748.00 " 11 S Lolot 8., ... 1,008.00 = B3 Lots 8 aud 4, 120 feet deep, with Improve ments, $57 por front foot and $381 per square foot, On behall of the appraisers Dick Berlin snys that the board actod in good faith, and that if anything is wrong a jury should de: cide it. Per Sq. foot. 120 £t deop § 8.49 w .60 11.83 11.61 11.02 1060 Sceond Ward Republicans. Half a dozen members of the Second ward republican club met in Haspar's hall last mght. A, L. Swichert occupied the chatr, He kicked because certain members had been repeatedly absent, and wanted them expelled. Dan O'Neffve was there and wanted the constitution amended 8o that all the officers should nov be allowed to hold oftice longer than six montus. Attorney R. A, S. Dick made a brilliunt republican speech ana was encored. A resolution was udopted congratulating Dick Berlin for saving the party from an utter defeat, and the meeting adjourned. Second Ward Democrats, There was a meetwiz of the democrats of tho Sccond ward at Sixieenth and Williams, which recommended the nomination of John Schroeder, a contractor and bricklayer, as councilman at large. A committee consisting of Ernest Meyer, John Schroeder, Joe Standeven and John Roth uppointed to make arrangoments for the democratic jubi- o on Wednesday next. A meeting will bo held at the same place on Tuesday ovening complete arrangements for the turnout. THE FALGU ART EXHIBIT, It Will Surpass Anything of the Kind Ever Seen in This City There was a meetingof the exhibition com- mittee of the Western Art association last evoning, when the fiual arrangements were made and everything placed in working order for the fall exhibition of pictures to be opened on Monday evening November 18. Mrs. Mumaugh, chairman of the catalogue committee, reported that the rush for wall space had commenced in earnest, and that during the last few days she had been inundated with inquiries and application blunks. As Monday is the last day for receiving these forms, and taking 1t for granted, from past experience, that at least two-thirds of the exhibitors will not send in their lists until the last possible minute, the indications would show that this fail exnivit will surpass in numbers any that have yet taken place. Auvplications from members in Towa, Tii. nois, Dakota and Wyoming, besides alt parts of Nebraska, show how the association is spreading its ifluence, The rooms that have been secured for the exhibition are on the ground floor of T Bee building, and will comprise a handsome suite of five rooms, in which will be arrunged the pictures accordimg to classification. The hanging committee will take charge of these rooms ou Thursday next and com meuce their arduous dutics, and by Monday everything will be in readiness for the public % 1speet and criticise, A round of the studios of Omana shows that the advance made by the local artists so noticeable last spring will be more marked than cver, while the competition for the dis- tinction of ¢ rrying off the gold moeaal of the association will be very keen indecd. The Lininger wedal for water color and the Kinght medal for china painting has also given these two popular lines of artistic effort a grand impetus. But what has been seen preparing for this exhibition in Lincoln and further west, will create quite a revela- tion awong home taloent, and if they ave counting on keeping all ‘or any of these medals in the city they had bettor put forth their very bost efforts aad look to their luurels closely. "The meetiug propared a list of some of the best known art conuoiseures in the city, who will be invited to act as judges on befialf of the association, and a perfectly impartial and just decision will be assured. All pic- must be delivered to the hanging com ce at the exhibition rooms in Tug Bi building on or before the 15th inst, as noth- ing will be received late ol STATE NEWS, Verdict Azainst a Saloonkeeper. Prarsvovrs, Neb, Nov. 9.—[Special to Tug Bee]—In the district court to.day o verdict for $2,000 was rendered in favor of Mrs. Snultz, of Louisville, against a man named Johnson, a saloonkeeper in tho same place. * Plaintiff’s husband was killed by the rs while intoxicated on liquor said to have been procured at Jobnson's saloon, and the suit is u sequ Henry Stottler was arraigned in the dis- trict court to-duy on u charge of raps. The ovidence against him was of such u nature that couviction was impossible and the county attorney entered a nolle and Stottler was discharged. Cass County’s Official Vot Prarrssours, Neb, Nov. 9.—[Special to Tue Bee.|—The official count of the vates cast at "Muesday’s election was finished to-day, The county gives Norval 212 majori- ty. In 1887, Maxwell received 516 majority, showing a repubtican loss of 344, 1n the county. In this city Norval has 67 majority, agaiost 84 majority for Maxwell in 1587, showiug a republican gain of 13, A Notorious Crook Oaptured. Prarrsyours, Neb, Nov. 9.—|Special to Tne Bee|—Thomas Hines, a notorious crook, who broke jail at Kansas City, Mo, and Liborated three fellow prisoncrs a fow days ago, was captured in this ety to-day and taken back by a deputy sheriff from that city, Hines was serving out a jail sentence of six months for robbery, and is a member of a very tough gang of Kansas City, Foul Play Suspected, Nesnasga Crty, Neb, Nov. 9.—|Special Telegram to Tar Bee |—The suicide of Jawes Cunningbam, the young farmer, near Syracuse, hus taken a sensational turn. The corouer's jury to-day bronght ina verdict that the deceused came to his death by causes unknown, It is known that s threat bad been made against the life of Cunnmgham. Although he was hanging in his barn yester- day morning, some of his neighbors are firm in their belief that he was hanged after death, This belief 18 borao out by the fact that the rope by whick be was hung was only nineteen mehes in length, and the face of the corpse had not the appearsuce of & man banged, and the lungs aiso convradicted sui- de. The case is now o the hauds of doc- tors and a sensation is looked for. Sued a City For Damag: kaskA City, Neb, Nov. 0.—|Special Telegram to Tak Bj . W. Biser, of this city, to-day comwenced action against the vitlage of Syracuse for $10,000 damages for faise arrest and imprisonwent. Kiser owns 8 building in that town, which the villag board claims stood in the street, aud he, 7o} fusing Lo move it, wus arrested three tim and foed for oovstructing the strect. The pase was appealed, and whea a survey was tuken it was found that the building was vot on the street, hence the suit. Eiser spent one day in the Syracuse jail, Corn Crib and Granary Burned.) rouk, Neb, Nov, 9.—(Sj gram to Tur Bee]—George Williawms got word this evening that a corn crib and gran- ary on his ranch, seven wiles west of towi were burned this afternoon. The loss is $1,000. He does not know whether the in- surance on thom bas run out or oot A DAY OF RECORD BREAKING Several Famous Marks Lowered on the Bay District Traok. STANFORD'S WONDERFUL FILLY. Sunol Leads the Three-vear-olds Trotting a Mile in 2:10 1.2 Without a Skip or a Break. Sunol's Great Feat. SAN Fraxcisco, Nov, .—Senator Stan- ford's illy, Sunol, broke the three-year-old record at tho Bay District track this after- She trotted a mile in 2:10) and lowered the threo.year-old record of 2:12 re- cently made by Axtoll, During the iast fow weeks horsemen have been greatly interested in the approaching test of Sunol's capabilities, and when the fllly was brought out this afternoon was o fair crowd pres. witness hor performance. She was accompanied by a runner during tho trial. The start was made with the lat- tor about a furlong bohind. Sunol roached the quarter polo in thirty-two seconds, She went to the half in 1:05, and it then seomed cortain that, barring a break, she would suc- ceed inlowering the record, 'Her time to tho taird quarter ~was 1:47i{, The runner pressed hor closely down the streteh, and tarvin, ber driver, applied the whip, but the colt did notg makesthe sligntest skip, and passed under tho wire in 2:101§ When the time was announced there was wild cheoring among the spectators, and the enthusiasin continued several minutes. Von Wilkes' yearling stallion record of 351y was also ‘lowered this afternoon by Count Valeisius' Faustino, who trotted a mile in 2.35. The third record lowered at tho Bay Dis- trict track to-day was by Regal Wilies, who started to beat Axtell’s two-year-old stullion record of 3 Regal Wilkes trotted a milo without a skip in 2:2037, Stamboul also trotted to.day to make 2:19 on a wagor mado some time ngo that ho noon to would accomplish the foat before the elose of the year. His time to-day w. which lowers his own record by one second. Palo Alto started to boat the stallion record of 2:12, but ho broke baaly on the stretch and Hoished in 2:133, THE SPEED RING. Nashville Races. snviti, Nov. f.—To-day was the last day of the races at West Side purk. Sum- may Two-year-olds, four furlongs.—Nanny won, Kewilworih socond, - Revival third limo 5214, Soven furlougs.—Somerset won, Con- signee second, Kutie S third. Time—1:335;, I*roo handicap, one mile.—Rival won, Mc- Murtry second, Argenta third. Time— 181, Saio conditions as third. —Hornpipo won, Monita Hardy second, Queen of L'rumps third. Timo—1:40%. Free handicap for two year-olds, five fur- longs.—Sis Olee won, Zulola second, Armiol third. Time—1:07. Same conditions as fifth.—Basil won Cecil Time—1:061, Five furlongs.—Bar Boy won, Weeks sec- ond, Probus third, Time—1:071. Ilve furlongs.—Tom Kurl won, Robin seo- ond, Germauic third. Time—1:06. En Erizangrn, N. to-day’s racos: Six furlongs—Blue Rock won second, Bradford third. Time—1 Mile and one-eighth—Dunboyne won, Hey- dey second, Theodosius third, Time—2:05, Six furlongs acksmun won, Harrisburg second, Radiant third, Time—1:27, x furlongs—K'reedom wov, Arab second, Royal Garter third. Time~1:21. ine and one-half furlongs—Regan won, }nl;\\md second, Veronica third. Time— 1:13. One mile—Bravo won, King Idle second, Joe Lee third, Time—1:521¢. Duke B second, J, B. Freed third. th Races, J., Nov. §.—Summary of Puzzle Hunting in Two States, Fravk Parmeleo and George H. Loomls, of the general manager's ofiice of the B, & M., are down in Kansas quail shooting. A telegram was received from Loomis ut the 1. & M. headguarters last night, asking that 1wo refrigerator cars be sent to the scene of the slaughter at once, as the boys want to bring somo game homo. George Tzschuck, cashior of Tur Ber, Sandy Griswold, Cirl Hoffman and Alphonso Brunswick Hudson left last nignt for a trip up the Platte after geeso, Fevre Shoot. The closing shoot of the LoFevre Gun club was held across tho river yesterday aftor- noon. The prizes were the §0 gun club badgo, presented by the Lefevre Aris compauy; o $10 shell box, donated by “Air Holo Billy" Townsend, and a hunting suit, presented by Gwinn & Dunmire. ~ Georgo Ketohum car- ried off first honors by a score of 88 out of & possible 100, with Musselman secoud, 84, Townsend third, 83, ¢ boys then' made up @ team shoot, for all tho shells in sight, in whioh Noson, Mus- solman, Gwinn and IKenyon constitutod one teum and Townsend, Foge, Ross and Tur- uor another. The former won. A Game of Football. Two teams of footballists, composed of members of the Y. M. C. A, and B. & M, ofice employes, met at the fair grounds yesterday and enjoyed a gamo. The Y. M. C. A. people won by a score of 28 to 0, Jerry Denny Is Disgusted, INDIANATOLIS, Nov. 9.—Jerry Denny, the well known third baseman, says ho will not join the orotherhood, Ho is not satisfied with the doings of this week's meeting in New York, and in_his words, does not pro- pose to “jump into an airy vroject at the sacrifico of what 1 now have” — SOUTH OMAHA NEWS, A Cutting Afray. Herman Tangeman got full of fighting liquor down town, and on his way home Sat- urday evening stopped at Louis Schrooder's saloon, Twonty-fourth aua L streets, and be- canso Mr. Schroeder would not give him liquor, becau o troublesome, Obtaining a knifo from his_brother, | Tange mun cut] Mr. Schroeder i the left 'arm just below the shoulder. A surgeon dressod ‘tho wound and Mr. us run in by the police aud will answer before Judge King. The Sheep Blanghtering Contents. ‘Tho sheep slaughtering contests o Ger- mania Gardens last evening attracted s largo number of spectators. Jumes P, Hayes and Willam_P. Cranston were sclectod as judges, Larry Noonan as referce, and Raiph Pearl as time-keoper. The Crawford-Dris- coll contest took place tirst, and Mr. Craw- ford won the choice of sheep. 1n just % wiu- utes and 50 4-5 seconds Mr. Crawford had bis animal dressed, while it took Mr. Dricoll 8:20 10 finish his job After au intermission George Schmidt and Christ. Itieff enterod the corner and v § minutes aud 17 seconds Mr. Rieff had bis animal dressod, while it took Mr, Schmidt 4 minutes and ds to complete his task After voug! ious all went to the hall and joined in the dance. Notes About the City. A little duughter of Mr. and Mrs. Fred Emm, aged nine months, died Suturday morning and will be buried at 4 o'clock Sun- day afternoon in Laurel Hill cemetery Joseph Albrorcht and Miss Fannie Poluska both of this city, were married Saturduy afternoon at 4 0'clock at the residence of Mr. wnd Mrs. Frank Pivonka. Toe couple sturted for a visit with friends in Spriog- field and other places i the west. Miss Lina Rieber is Il with vyphoud-male- ria fover, James McCullen is i1l with bronekti John Shomblin is better and able te Y out. About Perso Mr. and Mrs. J. N, Rose, of Omaha visiting their daughter sud son-in-lad’, and Mrs, James H. Bulla, N. E. Treubaft left Saturday for Chicago. Mrs. K. Li Ernbout sod daughter Milly have returned from Atlpatic, Is. a0 Mr,