Omaha Daily Bee Newspaper, December 16, 1889, Page 1

BLOODY CRIMEAT COVINGT A Suloon Cook Stabs and Instantly Kills a Gambler. COMMITTED IN SELF-DEFENSE. The Murdercr Knocked Down Twioe by His Vietim Without Provocas tion—Hastings' Magnificent New Catholic Academy, Killed in Self-Def nse, Dakora Ciry, Nev,, Dee,, 15,—| Special Tel- egram to Tuk Bee.]—A desperato v which ended in a murd took place in Covington about 3 o’clock this morning. It took place in M. ernip’s saloon, in which there is also a lunch counter. Jamey Tooliey, one of the day cooks of the lunch counter, was standing around the saloon talking to a few of his friends when o gambicr named Erwin came up and struck Toohey a savage blow on the ear that knocked him dow and as he got up he asked Erwin why he struek bim. For a reply Erwin struck him again, knocking him down, and as Tooney got up ho went to the Kitchen, where o works, and got a long butcher knife. When he came back into the saloon he mudea run for Erwin, striking him with the knife and killing him instantly, The knite entered the left side just over the heart, and passing through that organ the point of the kuife pierced clear through the body, and the mau falling to the floor the point of the knife stuck in the boards. Toohey was taken by the oficers und placed in the calaboose, butas the crowd got so large and there began to be considerable talk of lynching, the prisoner was brought down here and placed in the county jail. He does not deny the killing, but says it was done in self-defens Erwin was rot known to be u quarrelsome man and had been in tha place some time. Toohey has only beew the place about three weeks and 18 a very quiet fellow. He bas o vrother in Grand Islaud, Neb., who is in the employ of the Union Pacific ilroal,, Orwin has a father and brother living in Sioux City, who took chargeof the body this worning. Hastings' New Catholic Academy, HastiNgs, Neb,, Dec, 15.—One of the most umposiug and substantial structures erected in Hastings this season is the new Academy of tiie Sisters of Visitation, just completed at a cost of $35,000. ‘I'he building is sivuated on an excellent elevation and commands a good view of the city. The ground dimensions of the building are 60xI84, with stone basement ten feet high, constructed of Colorado granite, laid in ran- dom, Ashler siyle, probably the finest work of the kind in the state. There are three swries ubove the massive foundation, with a twenty-foot attic, that will in the future be supplied with dormer windows and utilized as still another storv, These walls are con- structed of handsome pressed brick. The o ‘basement s divided into large refectories ordining rooms, lunch rooms, store rooms and play rooms, On the first floor the maian part of the buiiding 18 divided nto a com- modious sanctusry, with chapel n center and wide corridors leading thereto from the wings on either side. A pleasant light is shied 1nto this part of the building througn art glass windows of beautiful designs, The east wing of the structure 18 calted the mon- astery, aud is especially set apart for the sisters in _charge. The west wing 1s the academy for the accommodation of students, and the fronv parlors, assigned for the recep- tion of visitors, are divided with & partition of wicker work through which communica- tion may be nad with members of this clois- tered ovder. The railing of the stairs leading to the next floor aud the floor above are particu- larly noticeable for their handsome antique vuttern und the genuine oak material used n their construction, The second floor 1s divided into two large study balls, well lighted, and six convenient class rooms. 'The third fluor has three large dormitories and five music halls, 1 is supplied with all the modern improvements. Ample provision has been made to protect the building in case of fire and hose can be speedily at- tachked to stand pipes in any part of the building. The grounds belong- ing to the ncademy consist of ten acres, the liberal donation of Townsman Thomas Far- rell. The grounds will be laid out in beauti- ful form the coming season. One million and four hundred thousand brick were used n the construction of the building. The academy will accommodate 140 boarders, but many more students may be received for in- struction, ‘The first term of school in the academy will open on the first Monday in January, 1880, and the sisters Lave the as- surance of o large attendance at the open- ing, ef’he Sisters of Visitation an order founded in France centuries ago by St. Francis do Sales. It is a cloistored order, which forbids association with the world: Its principalobject 1s tho education of young ladies, ‘I'he opposite sex are admitted only 1o the visitors’ room. A monastery is also conducted for the complete seclusion of those Wwho abandon the world and commit them- solves enurely to religious acts end pious de- votious, The society is racognized as tho leading teaching order in the Catholic faith, As @ rule its educa- tional mstitutions are not reared outside of large cities, and it is a fine com- g\ehnum. paid Hastings that this academy has en founded in the city, About twenty- five sisters will be actively engaged in teach~ ing here, Al grades of the bighest ordinary schools will be taught, besides mus| inting and other accomplishments in ion to physical culture, Pupils are received without regard to rebigious trainingand their convictions ure religiously respected. Father English, homas E. Farrell, Jawes Roouey und W. P. Moriarity, es: teemed and highly respected members of tho Catnolio church hore, are deserving of much praise for the active part they hove II:kon in securing this institution for Hast- I Judge Maxwell's Resignation, FreMoNT, Nob,, Dec. 15.—|Special to Tug Bee.)—A representative of Tug Bee inter- viewed Judge Maxwell yesterday and asked him what there was in the report that he is about to resign his position on the supreme bench to accept a position from some Omaha corporation to act in the capacity of advisory counsel. The judge, who is always very cautious in what ho says, was not cowmuni- outivo on this subject. He said: “Iaon't want Lo say anything abont the matter, 1have had a proposition under ad- visoment for some time, but—" “';l'g:u. you haveu't made up your miod “No, I haveu't made up my mind yet one T8 o tho other. But I don’t want to talk, 1i L do {will be misunderstood aud wy wction &ud motive mismterpreted,” Grand Island Prosperous, Graxo Istaxp, Neb, Dee. 15. | Special to Tuie Bee.) @ yoar 1850 marks a new era in the progress and enterprise of the city of Grand Islaud. Its progress the past year has been marked by the erection of numer- Ous business blocks and the location of sey- eral factories, but the eveut in its history is the establishment here of the Oxnard Broth. €18’ beet sugar and refining factory, Unlike most factories located in the west, it does not have to go from bome for its raw material or for its market. Mr, H. T\ Oxnard, the senior wember of She L, 1s @ son 0f the grest sugar manu- facturer, and has spent his whole time 1n the | study of sugar refloing and the raising of | the sugar beet, his investigations extending over France, Spain and Germany. Two years ago ho imported into this country from Ger- many a quantity of the seed, and had it planted in every state in the union. After a careful analysis of the beots grown it was found that those raised in Nebraska con- tainea a much larger per cont of sugar than the productof any other state. German scien- tists who have examined the soil 0i Nebraska elaim that it 18 vory s that 1n the vicinity of New Magdenburg, rmany, the center of the beet-growing district of Eu- rope. The factory to be located here will be raest in the United States, and a re- v in connection will prepare the product for the market. Tho buildings to bo will bo of stone and brick, laid 1n cement, and will bo fire The main buillding will be feet and four stories highj ouse, 180x70; storehouse, 220x30; beet 0 by engine and boiler house and several smaller buildings. The machinery will cost £250,000 and the whole plant wiil require an expenditure of nearly $1,000,000, It will nave a capacity of 350 tons of beets per day, which will produce over fiity tons of refined sugar, ‘I'hree thousana acres will be planted to beets this year, and much more in 1591, Over §200.000 will be paid the farmers for beets and 200 men will be employed about the factory. Work has already been com- menced to assure its readiness to take care of next year's crop. One bundred and thirty- seven men and forty-eight teams are em- nloyed excavating and hauling brick. Among the other features of interest is the erection of a large number of business blocks that would do credit to a city three tines the size of Grand Isiand. ‘I'hg city hag erccted u hail at a cost of 85,000, The first story is of Colorado sanastone, the other three of Pressed brick with stone and terra cotta trimmings, The Ancient Order of United Workmen building, 44x110, three stories, of brick and terra cotta, is one of the fiuest civie society buildings in the state. A system of sewerage costing imported proof. B00x100 lime 0,000 has been put in by the city. Many substantial improvements have baen made at the soldiers and saiiors home which is located at this point, and which makes it one of the finest iustitutions owned by the state, Notes I'rom Ogaltlala., OGALLALA, Neb., Dee. 15.—| Special to e Bue |—District court convened on Monday and will continue till the fore part of next Judge Church is presiding and has already disposed of quite a number of cases. Judge Hamer will return next Moaday, and between the two judges the docket will be about cleat In the case of Thomas Fen- lon vs John C. Palmer, the jury was out six or eight hours and a verdict was returned for the plaintiff for §550. The case will be tuken 10 the supreme court. There are no criminal cases on the docket, and most of the other ones aze of little importance. Our board of trado 18 in_correspondence with Illinois parties who desire to erect a woolen mill here, If sufiicient bonus can be raised the parties guarantee to put quite a large number of men at work. The canal is nearing completion, and. as s00n as cold weather is over water will bo flowing freely, Svracuse lmprovements. Srracuse, Neb., Dec, 15.—[Spacial to Tur Bre.|—The new brick school building is al- most inclosed. The board has spared no pains to make it frst class. Page & Weller, a ieading mercantile firm, have recently completed one of the best and tinest store rooms in southeastern Nebraska, 80 as to better accommodate their immense trade. "Tho M. E. people are enlarging and other- wise improving their church, and when com- pleted will be among the micest in Otoe county. ‘They expect to have an opening De- cember 2, Rev. G. A. Smith, P. E,, of No- braska City preaching the dedlcatory sermon, Just recently ‘T, W. Harvoy, a millionaire of Chicago, und well known incommercial circles 08 the T. W. Haryey Lumber com- pany, built and presented to the M. E. so- ciety'a §2,500 church on hislarge stock farm. Tho Congregational paovle expect soon to build a §1,200 paraonage, the lot having al- ready been secured. 0dd Fellows Elect Officers, Loue Crry, Neb., Dec. 15.—[Special to THE Brg.]—The following have been elected officers of Excelsior lodge No, 166, Independ- ent Order of Oddfetlows, for the ensuing tern F. H. Dry, N.G.;O. R. Stedman, V. G.; G. B, Gibson, secrowary, This lodge has been working under many disadvantages since it was instituted last March, but is rapidly coming to the {ront and is now in a prosperous condition, with bright prospects for the future. Secured a Good Overcoat, Nennraska City, Neb,, Dec, 15.—[Speclal Telegram to Tue Ber.]—A stranger played @ good trick on Georze Gauz, the saloon- Leeper last night. He entered Gauz's place and spoke familiarly to the bartender, and mentioned several prominent men as his friends and then said if the bartender would “please hand me my overcoat and L'l go." The bartender comphied by handing over Mr. Gauz's new $50 overcost and the man disap- peared, the last seen of him being when he boarded a freight train for Omaha, and wearing the garment. Puneral of George Clother. Covumyus, Neb., Dec. 15.—|Special Tele- graw to Tus Bee.]—The funeral of Georgo Clother took place today in the opera house, Rey. Griswold of the Presbyteriau church officiatiog. A band of Omaha Indiana hunt- ing and trapping in this locality, personal {riends of the deceased, attendod the funeral. Many friends and old setuers from the sur- rounding town wero present. The funeral was one of the largest seen in Platto county. The fire department took entire charge of the funeral, Elmwood's New Bank. Erawoop, Neb., Dec. 15.—[Special to Tnp Bee.|—The proprietors of the State Banlk of Glmwood moved into their new brick build- g today. The building Is 25x60 feet in size aud will cost when compieted about #4,000. The brick of which it is made were pressed and burned in Elmwood, e — An Allezed Expo: St Lovis, Mo.,, Dec. 15.—The Post-Dis- patch prints an exj.0se of the alleged legis- lative corruption av Jefferson City, Mo, It claims that the live atock inspection bill introduced by the St Louis butchers' union i the last leg- islature was defeated by the absolute purchase of state senators, The matter 18 detailed at great length and 8 bold charge made that the ‘‘dressed beef monopoly se- cured the defeat of the bill by spending more money than the butchers had and that tney speut it on the senators who voted against ke measure,” ‘The bill was the one which provided that no beef shou'd be sold in the state of Mis- souri unless it had been inspected on the hoof. It was a fight between the butch- ers and the dres: beef combine aud the lutter won. Thres of the state senators whose names ure mixed up in the aifair were interviewed, but depied that there was any foundation for the boodle story. e — A Duclling Journalist Sentenced. Panus, Dec, 15.—~1'he Boulangist journalist Villas hus been sentenced to two years im- prisoument for killing Pierrotti, a brother oditor, in & duel. The repuvlican news- papers express themselves as amazed at the political animus shown in the sentence. B Avmenians Takxe Revenge, CoxsranTiNOPLE, Dee. 15.—A party of Ar- menians near Mouch, in revenge for a mur- der, attacked and defeated a party of Kurds and Turkish troops who were assisting them, More Turkish troops have been sent Lo quel the disturbauce, CONTESTS IN THE HOUSE, They Will Not Be Allowed to Drag Through the Session. HE IS A DISBURSING OFFICER. The Leedom Investigating Committee Will So Find—Omaha's Postofiice Building—Nebraska Land Titles Jeopardized. 513 FounTess T STREED, Wasiixaron, D, C., Dec. 15, It 1s the purpose of the house to aispose of all its contested elections in January. The Indiana case will be ready for house by the second week in January the seventeen other cases will rapidly fol- low. It has been customary during the past three congresses to delay reports on contests as long as possible, and some of them were not finally disposed of till the sarond seasion of the congress, This was done for the double purpose of allowing time to allay local interest and to permit sitting members to draw their salaries. The man who re- ceives a certificate of election is sworn and takes hisscat at the couvening of a congress and he draws his salary of £,000 a year till the contestaut is declared entitled to the seat and takes the oath, The contestant then draws the salary from March 4, when the term began, so that there is a double salary paid as long as the con- testant occupies the seat. It has fre- quently occurred during the past ten or fiftcen years that members whose seats were contested and who were finally ousted were permitted to occupy their seats and draw salaries till within a week or two of the day when the term expired. It is the purpose of this house to not permit anything of that kind and the prospects are that within six weeks all contests will have been decided, TIE GOVERNMENT RESPONSIRLE, At least four of the seven members of the special committee appoiuted to investigate Sergeant-at-Arms Leedon's accounts have agreea to report a bill declaring that the sergeant-at-arms 1s_the disbursing officer of the government. This will nold the govern- ment respousible for the salaries of the mem- bers with which Cashier Silcott absconded. AN INTERESTED SPECTATOR. Interstato Commerce Commissioner Morri- son will be & highly interested spectator upon the proceedings which will be had in the contested election from his old district 1n Ilhwois. Tt will be remembered that Morri- son was defeated three years ago by Jehu Baker and that it nearly broke the distin- guished tariff reformer’s heart. Morrisou declared that it was not due to his record that he was defeated, butto the machina- tions of mauufacturers and labor organiza- tion: together with a gooa supply oodle.” Morrison forgot that had given for several years his _attention " to general tovics to the neglect of his constituency, and that a mem- ver from New York or clsewhera repre- sented his Iliinois coustituents as thoroughly as Morrison himself. He forgot that while other members from his state were looking specifically after their constituents he was runuing off after theories und striving to re- form the tariff in a way that would break nup his local industries and crush the farmers of his district. Morrison declared that the man- ufacturers had defeated him and the people would crush the man who had taken his seat in the house. Jenu Baker had against him William Foreman, and according to the cer- tificates issued to his opponent, Baker was defeated by twenty-six votes. Baker has entered a contest of Foreman’s seat, alleging that thers was fraud and corruption and that he received more votes, despite the use of money, than Foreman. Morrison will Iend all the moral influence he can to keep Baker out of his seat. OMANIA'S POSTOFFICE. In an interview with Represeatative Con- nell Suopervising Architect Windrim said yesterday that nothing could be done by the superyising architect toward the plans or construction of the Omaha postofice building till after the title had passed into the hanas of the government and oficial notice had been given to him. He said further that he believed Omaha was such a progressivo city that nothing less than $1,500,000 for a build- rog woula suffice, NEBRASKA TITLES IN JEOPARDY, ‘The sale of the Otoe and Missouri reserva- tion in southern Nebraska is again brought into prominence by several coutestcases which are now making their way through the interior department, and whose determi- nation will effect the validity of the titles of many of the prosperous farmers of southern @Gage county who have purchased land on that reservation. Under the two acts of congress permitting the sale of the reserva- tion, it was provided that the land should be disposed of to actual settlers, or to those who would perfect settloment within ninety days from the date of the ovening. No pros- peotive settler was permitted to go in upon the lands until he was ready to make settlement and pay for them at the general land office, The object and purpose of thia act was to prevent corporations or wealthy individuals from securing large blocks of land. When the bill was first under discussion there seemed to be a determined effort on the part of somo Interests to pre- vent its pussage with a requirement thav only actual settlers should be allowed to be- come purchasers, and that no more than sixty ncres shiould in any instance be sold to any individual, The passage of the act with these rigid provisions secured the object which it was sought to subserve. The res- ervation is now almost as well settled as any equal area of land in southern Nebraska, and is dotted over with. pros- perous farms, generous corn flelds and broad pastures, Butnow that the land has become valuable some adventurers have been feeling around and ure attempting through minor technicalities a8 to the charucter of the set- tlements to make the rulings of the general land ofice upon luws eatirely different in their nature applicable to the cases by Insti- tuting contests ugainst actual settlers o in- validate and overtura titles on the reserva- tion. The lanas themselyes were sold, not under the pre-emption act, but uuder & special law rgqumnx cash payments and set- tlement at the outset, in this particular dif- foring materially from laws which called for settlement as part purchase consideration of the lands themselves, and specifically re- quired & certain amount of improvements and a specified character of dwelling to fu 1ill the requirements of those laws, ‘T'wo or three cuses have already been sent up to the general land office by contestauts for farms on the Otoe and Missouri reserva- tious, These cases were in each instanco de- cided against the contestant at the local land office, but those decisions were reversed by the late admimstration of the general land ofice on purely technical points. Senator Paddock during the past week has been in- teresting himself in the matter with u view to securing justice when the appeals from tho land office are taken up by the secretary of the interior, After a thorough exawination of tho papers he wont yesterday to the as- sistant attorney general for the interior de- partment and presented the cases in person to him. 'The senator argued that it was not the intention of congress contem- plated by either the spint o the ~ letter of the law that tech nical rulings under the geoeral land laws should apply fully to these settlements. He insisted that it wus the intention of the law to sell the land in such a mauner as to pre- veut speculation and induce cultivation and not to force upon such settlers strained ap - phicatious of rulings under the homestead or pre-emption act. T'he secretary of the in- terior indicated his agreement with the sen- ator upon a number of the points made and ;Qe:mul inclined to take his view of the sub- ect. Senator Paddock has arranged to be heara in detail upon the cases when thoy are taken up by the secretary of the interior. The tracts in controversy are among the very best improved farms in southern Nebraska, WasmiNGToN Buisav Tie OMana Bee, } the and The senator believes that it is not_the policy of the land office to permit such assaults against titles covering hundreds of farms and thus unsettling the same years after they had passed into the hands of hardwork- ine farmers in a thickly settled part of tho west. The past decisions of the department are in support of this view. AN AVALANGHE OF BILLS, An effort will be made in the house to give an_opportunity for the wtroduction of bills tomorrow. A perfect avalanche is expected when the call comes. During the last con- gress there were about fourteen thousand bills and resolutions introauced in the house alone, or an average of nearly forty-five to h member, According to the standurd fixed by the senate during the past two weeks the house will very largely increase the number of measures introduced during this season over the one which began two years ago, Nearly all of the old measures which wero not finally passed by both | - ses will be re- miroduced and thousunds of new ones are expected. ‘It will not be & surprise 1f an av- erage of fifty bills and resolutious to each member are introduced in the house, or a total of over sixteen thousand during both sesaions of the Ifty-first congress. About 8 per cent will becowe laws. Two or three thousand bills are expected on the first call of the house. OPENING OF LINCOLN MALL. Since Chicf Justice Fuller’s oration in the hall of the house of representatives on last Wednesday he has been in demand by many socicties desiring orations. He has con- sentod to deliver the dedicatory address at the opentng of Lincoln hall on next Priday. Lincoln hall was built upon the site of th well known play house and music hull of the same name, at the corner of D and Ninth streets, which burned about three yeurs ago. It has the lurgest auditorwm in the city The old Lincoln hall had a_capacity on the audience floor of 2,000 8. There will be a large number of prominent people present at the ovening, among them the vice president and Secro- tary Blaine, and a forecast will be given of the high standard of music wh Mrs, Thurber intends to give her countrymen and countrywomen in the national conservatory of musie. NO TARIFF AGREEMENT YET. No general understanding has yet been arrived at between the two houses on the tariff auestion or on the preparation of a tariff bill. The senate will simply await the action of tha house, but it has beea custom- ary where the two houses were within the control of the same party to have a confer- ence between the leading members of the house committce on W and means and the senate committee on finance, and agree upon @ programme, Senator Allison and Major McKinley say this may be done in Japvary when the work of preparing a tariff ;bill has begun, There is not very much said about the tariff in either house of congress, A new set of rules will have to be adopted first and then the contested elections disposed of. Senator Allison expects to sce a tariff bill completed by the committee on ways and means by the early part of February, however. As the senate bill of two years ugo is to be the basis of the operations in the event that thers 1s not brought forward any specific legislation on sugarand tobacco a groat deal of work will not be necessary to compile the bill, ALLISON'S MARKIAGE. Today’s Herald of this eity sa; ‘Ut is an- nounced that the marriage of Senator Alli- son and Miss Feresa Stoughton will take vlace before Christmas, &0 says the New York Home Journal. It 18 in error, however, m stating that Miss Stoughton is the niece of Senator Hale of Maine. ~There is no re- lationship of the remotest kind existing be- tween the families of aator Hale and the Stoughtons. 'Che latper are old resi- dents of this city, Mr.}A. B. Stoughton, father of Miss Teresa Stoughton, having been from early in the fifues a government clerk here. By prudent and fortunate in- vestments in real estate auring the war Mr. Stoughton amassed quite & combetence. He diea some years ago, leaving a widow and threo children, the eldest of whom is 1he wife of Paymaster Bacon of the navy. ARMY MATTERS, The superintendent of the recruiting ser- vice will cause ten colored infantry recruits to be assigned to the Twenty-tifth nfantry and forwarded under the charge of a non- commissioned officer to such point or points in the department of Dakota as the com- mauding general of the department shall designate. The ordinary leave of absence grantéd Captain Jecauld A, Oldstead, Ninth cavalry, August 2, 1839, is changed to leave of absence on surgeon's certificate of disability to date from December 1 and is extended. three months, Corporal William Lodge,'Company B, Sev- enteenth infantry, now with his company at Fort D. A. Russell, Wyo., is trausferred as a private to Company D), First infantry, and will pe sent to the station of that company. MISCELLANEOUS, Washington society is considerably dis- tu bed over the fear that the death of Mrs. Harrison's sister, Mrs, Scott Lord, will dis- turb the social programme. partially mapped out for the white house during the winter. It is too early after the sad death for Mr: Harrison to consider, even for a moment, what she intends to do socially, and however the outcome muy be she will not enter so- ciety for some weeks, Mrs, Scott Lord was almost a part of the executive household. She entered the white house with Mrs, Har- rison and was with her almost consvantly. from March 4 till she beciume so ill in the au- tumn that it was deemed advisable for her to go north, The death of Mrs. Scott Lord cannot therefore be regarded as that of an outside member or branch of the executive family. L. B. Raymond, editorof the Hampton, Ia., Recorder, is in the city, Senator Pierce of North Dakota has joined the seventeen other senatora who have lo- cated on Cupitol hill, snd yesterday set up his housenold goods at 201 North Uapitol street, adjoining the house occupied by Sen- ator Ingalls last winter, Senator Van Wyck has leased for church purposes his ground on which vhe Church of the Holy Cross stauds, Mr. E, Rosewater left tonight for New York, where he will remain several days, ‘The second daughter of Judge and Mrs, Groft 1 quite ill with a fever tonight. T, C Patterson of Omaha 18 here. Perry S, Hearn, —_— Snide Fight Near Kausas City, KaN8As City, Mo., Dec. 15.—[Speoial Tele- gram to Tue Ber,]—Jack ‘Ryan of Minne- apolis and Ed McKibvon' of Kansas City fought five rounds to a 'draw near this city this morning for a small purse. Ryan was not in proper condition or'he could have won easily, but as it was MelKibbon fell to avoid lzunhhmenl for three rounds. Theu, after Ryan had almost exhaus d supply, he played on the Minnes atomach with teliing effect. The Hifth round ended in & row over a claim of feul. One of Ryan's partisans jumped into the ring with a drawn revolver, threatening to shoot McKibbon's seconds,’ The referee at ¢his point declared adraw. 7There has been talk of matching Ryan sgainst the St. Joe Kid, but his poor showing toaay dissipates thi ———— The Eight Hour Movement, Loxpoy, Dec. 15.—[Special Cablegram to Tue Bee.]—Mr. Gladstone declines to ac- cept the invitation to 1nitiate an agitation looking to the establisument of & working day of eizht hours, He suys that his time must be largely devoted 1o the settlement of the Irish question, aud that for this reason, as well as on account of the infirmities of age ho must abstain from tak- in a lendmg part in the movement. He promnises dispassionately to cousider the subject when the proposed eight-hour bill is Erunnum in_parllament. Lord Randolph hurchill, in his letter on the eight-hour umovement, says that eight hours for work, eight hours for sleep and eight hours for recreation scems to be the ideal at which democratic legislation wmay wisely and profit- ably aim The beatn Rocord. CANTON, O.. Dec. 15.—Mra. Margaret Me- dil, mother of Joseph Medill, editor of the Chicago Tribune, died last night. Mrs. Me- dill was eighLy-se d w Boted for St Bhataaiirager® OF "0 4nd was IN A CRITICAL CONDITION. Fears That Representative Shiploy May Die. VERDICT IN THE GAINER CASE, Founa House Guilty O Bhooting—lowa State—Boot- of Manslaught Charivari as a Horso egging. Representative Shipt Condition, Des Moixes, Ia., Dec, ~[Special to Tne JUs ¢ is considerable concern as to the outcome of the injuries which Repre- sentative Shipley received in his fight a fow weeks ago. It is kuown that he is in a criti- cal condition, and if tie should be uunable to tuke his seat at the opening of the lewisla- ture the democrats could organize the house and elecy the speaker, If heshould die there will s00u not be time for a special clection before the date when the legisiature is to meet. The law requires that 1n case of a special election to fill & vacaney, the gover- vor shall issue his proclamation for 1t thirty d in advance. The general assembly will meet Monday, January 13, four weeks from tomorrow. 8o, if a vacancy is to be filled, it will hardly be practicable to have the special elecuion in time for the new momber to take his seat at the beginning of the legislature. Representative Shipley may not die, and no spoecial election may be needed, His friends all hove that he will not. But in view of his serious conditioa it is nutural that the pos- sibility of such an event shiouli be discussed, especially with_the legis'atuce so close as 1t is. It seems to be the misfortune of the re- vublicans to have dents when they need every possible vote, In 1884, when the vrohibitory law was passed, and the republi- cans had but one mujority in the house, one of the republican members broke his leg and had to be earried to the house on a stretelier and slecp in the building for sey- eral weeks in order to be present to vote. Verdict in ths Gainer Oase. Lesaxs, In., Dec. 15.—|Special Telogram to e Bee.|—Judge Ladd was called up at 7 o'clock this morning to receive the verdict of the jury m the Gainer murder case. John Gainer, u dissolute young fellow, shot and killed Policeman Sam Hamilton in the streets of this city on the night of November 23, 1888, n a drunken brawl while Humilton was trying to arrest him, Self-defenso was cluimed, The case was tried last spring and the jury disagreed. [t wason trial all last week and went to the jury last night. The verdict was for manslaughter. The defease will file a motion for a new trial tomorrow, Contests in the House. Des Morxgs, Ia., Dee. 15.—| Spocial gram to Tue Bee.]—There will be se contests for seats in the house when the leg- i ure mects. ‘These will be tne first con- tests for several years. The seat of the democratic member from Johnson county will be contested, and the democrats will bring contests against the republican mem- bers-elect from Monona county and Winne- bago county. 'The Johunson county member is charged with ineligibility on the ground that his father, who was a foreigner, was not properly naturalized, and that the son’s citizenship is impaired for the same reason. A charge of similar import, tlough diffarent in detal, is brought against the republican member from Winnebago, It is aileged that his father’s naturalization was def ve and therefora that the son is not eligibie. His friends, however, state positively that the democrats have put their foot in it, so far as he is concerned, and will have their trouble and expense for nothing. ‘1he Monona county member’s election is contested on whe ground of certain irregularities in the election, which, it is claimed, should throw out several votes, enough to' elect his oppo- nent. As the memoer-elect has only one mujority to %o om, any losses will prove fatal, unless they are offset by correspond- ing losses for s opponent, It seems to be the gencral opinion that the democratic charge aguinst the Winnebago county mem- ber was brought simply in retaliation for the contest agaiust the Johnson ¢ unty mem- ber, Ana the probability is that each contest will be dismissed without much trouble. The bringing of the contests will not make any difference in the organization of the house, According to the Iowa code and practice, the member who has a certificate of election will take his seat ut the bewinning and take part in the organiza- tion, and hold his seat until the house shall decide against him, after the committee on elections shall have considered the case. ‘I'he law ' proceeds on the presumption that the man who holds the certificate of election is legally entitled to the place, and so gives him allthe privileges of membership while the contest is proceeding. So that it will make no difference with the organization of the house how many members' seats are con- tested. There will be at the outset fifty re- publicans and fifty opposition members in the house, though as the members have re- ported themselves, thers will be forty-live democrats, four independents and one union labor man. It is possible, therefore, that on the election of United States senator and some other questions some of the independ- ent members may show their independence in & way not anticipated by the democrats. The roster of members of the next general assembly shows that it will have eight ed- itors, sixty farmers, twenty-nine lawyers, eight puysicians and a few representatives of other occupations. Of the 150 members twenty ara unmarriea. The youngest man is Representative Byers of Lucas county, who is twenty-eight years of age, and the oldest is Senator Dungan, also of Lucas county, who is sixty-seven years old, Forty- five of the 150 served in the union army. Only fifteen of the eutire membersbip are natives of Iowa. The Charivari Shooting Case. Des MorxNes, Ia., Dec. 15.—|Special to Tie Bee,]—A case that is attractiug general at- tention is now on trial in the Poweshiek court. It is the prosecution of Miss Flora Love, the youug lady who shot and killed a man who was engaged in a charivari some weeks ago. The serenading party was mak- ing life miserable for Flora's grandfather, anold gentleman who had recently been married, when she took down o gun and fired into the crowd, woundiug ono man so badly that he died in a short ume. The prosecu- tion is trying to prove that she was able to see tho deceased, and singled him out es- peciatly. The defense insists that it was too dark to distinguish any one, and that she fired at random to scare off the crowd, not intending to injure any one, seemingly, Pub- hic sentiment 18 generally with the young lady, and churivari parties are not nearly as popular or as frequent as thoy used w be. lowa as a Hor-e State. Des Moixes, Ia,, Dec. 15.—|Special to Tue Bge.|—The phenomenal success of Axtel has attracted considerable attention to Iowa horses and awakened great interest in horse matters in the state. The commercial exchaoge of this city took the horse for its subject at its last monthly lunch. A plan is being discussed to build a first-class mile track near this city and make Des Moines the leading horse warket for the northwest, It is proposed to hold a great horse fair and salo here duriug the latter part of Augus which shall attract the noted blooded borses of tue country and bring buyers here from ali over the United States. T'he superiority of lowa's climate and pasturage for raising flue horses Las been damonstrated in 8 num- per of instances, and it is believed that lowa might divide honors with Kentucky in this matter, Mr, Willlams of Indevendence, the late owner of Axtel, and the man who has raised so many flue horses, also expects to make his Little city a great resort for horse- wen, He is mow buldiog & mile track, | whic it 18 claimed will be the fastest in the country. He will open it with a great trot- ting meet next summer, five stables of §1,500 each having aiready been guaranteed. There is constantly increasing interest in the breeding and raising of fine horses all over the state and thore is no doubt that lowa Will becomne a8 famous for its norses as for its dairies or its corn. Criminal St Des Motses, In., Dec. ial to Tnr REk. |—The criminal statis! of lowa, as compiled by the secretary of state, makea pretty good showing for law and ordor. For tho year ending July 31, last, there woro but 810 persons seut to the penitentiarios from the whole state. But two death penalties were pronounced during the yeat ending August 1, 1888, one each in Taylor and Du- buque counties, and i tho last year there was but one life sentonce pronounced, Of the convicts in the penitentiaries 123 were farmers, 193 laborers and 149 saloonkeepers, cs ined for Bootl geinz. Hansure, Ta., Dee. 15.--[Special Telegram to Tne Bee. ]—\W. 8. Lestor pleaded guilty to the chiarge of bootlegging whisky before the magistrate yesterday and was fined 850, in defanlt of payment of which hawas sent to the county jull at Suiney. He says he can give information in regard to sixteen others Who ure in the same business. Missed His Footing. Hasmnuna, Ta., Dee. 15.—[Spacial Telegram to Tun Bree]—Conductor Webber wihile boarding his train, Kansas City No. 20, at McPaul, Ia., last night missed his footing and fell in such a manner that the wheels of the caboose passed over his foot, renderwg amputation of the toes necessary. Seriousty Injured, Waixom Ta., Dec. 15.—[Special to Tne Bae. | L. L. Bartlett, n man living north of town was thrown from his wagon ana seriously injured. His head is badly out and he is injured inter His recovery 18 doubtful. THE CL ARANCE RECORD, Financial Transactions of the Coun- try Fortho Past Weok. Bostox, Dec. 15.~| Special Telegram to Tne Bre.|—The following table, compiled from special dispatches to the Boston Post frowm the managers of leading cloaring houses of tae United States and Canada, shows the gross oxchauges for the weok ending December 14, with the percentage of 1ncrease. and de , us compared with tho corre- spondmg week in 188, crrrEs, OLEARINGS, “*aBaIR( New Boston Chicago Philadelpn . Lous.. Sun Fran Baltimor New Oriea Pittsburg. Cincinnat Kansas City. *Montrenl Louisville. Minueavol! Providence Milwaikee. . Detroit Omaha’ St D Cle % Columbus Memphis, Indianapoiis Dalias. .. Hartford, Richmond’ . ial ton *Bulalo 3 *Portlend, 0'e.. *Nushvills Duluth. . Fort Worth Paorl: . *Halifx . St Josep Now Huy Worceste: Portland, Mi Springtield. Norfolk, Wilmingron Sioux City. Seattle.. racis ‘acoma .. Lowell Des Mo . Grand Rapi Wichita Los Ang Topeka. Total Outside *Not included in totals; no clearing house at this tims last year. e MRS M'MURDO'S PETITION. $701, 460,640 FProbable Settlement of the Delagoa Bay Company's Affairs. (Copyright 1889 by James Gordon Bennett,) Lispoy, Dec. 16—|New York Herald Cable—Special to Tne Bee.|—A copy of the petition forwarded to Blaine by the widow of Colonel Edward MeMurdo of Ken- tucky, who died in London in May of last year, in which she asks the intervention of the United States overnment on account of the seizure of the Delagoa Bay railway, hus been received by United States Minister Loring. Mrs, M- Murdo claims damages of £760,000. Blaine instructed Loring to declare to the Portu- geso government that the forfeiture of the Delagoa Bay railroad and the confiscation of the property of American citizens was un- warrantable and the United States would expect a restoration of the property or in- demnification for its loss, Blaine's state- ment has been laid before the Portugese government. Meanwhile the British minister at Lisbon has received insuructions from Lord Salis- bury to present the claims of the English bondholders holding debenture bonds under the company organized as the Delagoa Bay & East African raliway, I had an interview with Scnor Barros- gomes, Portugese minister of foreign affairs, yesterday. He said: “Since the govern- ments of Great Britain and the United States have interyened in the matter we do not deny the indemnities due Mrs. McMurdo, As representing the company that is a sottlement of the major point. The details of the amount can be settled hereafter. I consider the question quite settled.” This 18 most satisfacisry news to the board and shreholders. Senor Barrosgomes seems to doubt Colonel Me- Murdo having ever been offered for his proverty in the company the sums mentioned in the petition, Loriog, however, holds Proof that this is so, —— The Influenza in Berl; (Copyright 1839 by sames Gordon Bennst,) BexLiy, Deo. 15.—|New York gHerald Cable—Special w Tue Bes |—Prof, Von Leyden of the university here says the influ- enza epidemic is now becoming a serious mawer, as a quarter of & million persons are affected by the malady in Berlin alone, He things the situation is not unattended by danger, as advices from Charkow declure that the epidemic of typlus fever there fol- lowed closely upon the heels of influenza. e Thanking Thewr Servan Essen, Dec, 16.—Three thousand miners today wdopted resolutions thanking the au- thorities for their sympathy and expressing readicess to await the result of their prom- ises to intervene..Meetings were Leld atsev- eral other places at which similar action was taken, but st Bochum it was decided to wait only one month for cowp'iauce with the wigers’ demands, e T NUMBER 17¢ | THE CRONIN JURY STILL 0UT, Rumors of All Kinds Chicago. Afloat in A DISAGREEMENT EXPECTED. Bribery rged by Many—Longe r Deprocates the Strictures he Public—dudge MoConnell Sees no Cause For Alarm. Another Day Withont Roesult, Ciicaao, Dee. 15.—Another day of deliber ation has passed without bringing any ver- dict from the Cronin jury, AL5:30 this afternoon Judge McConnell left the court room, stating that he would again be on hund to receive any return the jury might have to make at 10 o'clock Mon- day morning. Tho only instructions he gave wore that in case tho jury arrived at a verdict during the uight the bailiff might conduct them to the hotel, but that the verdict would not be recoived by the court until to- MOFroW morning, Rumors of all kinds have boen afloat today and tonight. However erroncous it may bo tho public appears to have hastily ar. rived v the conclusion that th to be a disagreoment of the jary, the old attempts at jury bribing have in somoe mysterious way proven successful. T'he statement-that John Cutver of Kvans- ton, a Presbyterian and one of tne most re- speoted citizens of his community, is the disagroeing juror has, however, tohded to shake this conclusion and the most conservative are contented to await further developments before condemning anybody. It 18 quite possible that Culver's obstinacy may apply only to some minor point 1 the case or 1o the guilt of Kunze and Beggs, ulthough the reports most current are that he is voting no on the®broad question of the guilt of the prisoners as a bo Tho state attornoy and conserv ative citi- zens generally doprocate tho severs strict- ures made by the local papers upon Culver's supposed obstinancy, and no man in t he eity is probably more singuine of un ul timate agreoment than the public prosecutor him- sclf. The Associuted press representative called upon Judge McCounoll this afternoon and questioned him regarding the reported status of the jury, I have had no intimation,” said his houor, “that the jury thinks it will bo unable to agree, and I am of the opinion that a verdict will be ultimately reached. I did not expect that the verdict, if _reached, would be turned in . It is in fact doubtful-whether the jury is considering the case at all today. Most of its members are religious men, members of some church, and it is_altogether likely that if any particular man demurred at considering ‘tho matter today the jury would at dnce acquiesce in his seruples and postpone further deliberation until tomorrow “*You do not share then in the belief that there will be a disugreement.” “Ido not. 1 feel quite coufident the jury will agreo in time, ‘Ihiere is no good meason for this husty conclusion of u disagreement. There are thousands of instunces where juries have been out much longer than this and yet finally agreed upon a verdict.” “Ivis stated that you intend Lo keep the jury out until they do agree in tho case, a week or two if necossary, 1s such your ine tention (" 3 +Of course 1t would be improper for me to state av this time my intention, even if I could unticipate the causes which might lead to such a determination, It must be borne in mind, however, that the court must necessarily exerciso discretion in such @ matter as that. The suvreme court may have 10 pass upon this case. Dropping the Cronin case altogether, 1 will illustrate with an imaginary case. Suppose we huve a case where eleven men are agreed upon the question the guilt of the we- fendunt and the twelfth believes in his innocenc That jul we will say, is kept out two or throe .days and the status of opinion is the sume-—one man’ still holding out against the eleven, Sup- pose then the judge should order them out indefinitely after they had stated their lan~ bility to agreo, and ultimately force them to a verdict, the eleven men all the time arguing with, re. monstrating witk and chiding the twelfth, Supposs then the case should go (o the sus prewe court, and the twelfth man should come forward and state that he had been co- erced and worried into an agreement by nis fellows against his better judgment; that it was only under stress of ‘mental anxiety or anguish that he had consented to the verdict. In such a case do you doubt that the supreme court would inval- idate the veraict and order u new trial. Of course the jury would be given umple timo and every opportunity 1o ngree, but the de- markation between the deliberate conclusion and the coercive verdict should be closely drawn, ‘The law does not contomplate an in- quisition to the extent of forcing u judgment from the mind of a juror.'" **Have you received any request from the jury for spocial mnstructions since 1ts revires ment ! “Ihave not. Ihave never been in thejury room, and indeed, I have no right to entar it. Should they request ar fuller interpres tation of any instructions which the court has given them, they can only request it formally: then it is the duty of the court to call them into court, and there, in the presence of the de- fendants and their attorneys, interprev to the jury’s satisfacion the law appiying to the evidence. No such request hus been made, and o reading of record cr evidence has been asked for,”” ““In caso of disagreement by the jury will the case be tried again before you, or can the defendants take & chauge of venue out of the county ¢ **Ihe defendants can by tho customary affl- duvits take a change of venue from ten con- secutive judges, aud could probably succeed in naving it tricd out of the county. There are five defendants, and each defendant can twice hbave the opportunity of dumauding a chango of venue; 80 that a change could be successively taken from ten judges,” “‘What county would these changes of v:l!]nu'ns provubly take the case to eventu- ally " ‘*Likely to Lake or Dupage county. They are the nearest counties to Cook. Item em- ber now, 1n answering those auestions I am not attempting to predict what the defend- ants’ attorueys would do, but simply what they could do under the law by availing thewmselves of ull its provisions,” of Has Faich in Her Husband, Evaxston, 1L, Dec, 15.—A representatiye of the Associatad press called tonight at the - home of Jotun Culyer, the supposed objectin, juror in the Cronin case, and bad an® inters view with bis wife, who has been charged in Chicago [:uparu with having bad a secret and rrn:numu ly improper conversdlion with her husband before the jury retired, The family is greatly agitated over the reports in the papers. ~Mrs. Culver told of her actions on Friday, saying she seat her son_down town in the worning to toll Builif Sunta, whom she knew well, that she would not take dioner with her husband us she had been accustomed to do. In the afternoon she saw ber husbund. Bailiff Sauta stcod right beside them and heard every word thoy said. Bhe only spuke of not havi not come down to dinper, ete. Sne M not endeavor to hold & private conversation with her husband, In regard to the insinuation that her bus- band had been bribed she said she Lad never spoken Lo any ageot of the defouse uud had pever hud any conversution with her hus- band which she would hesitate to make pub- lie, *Ido not believe," she addeq, "&m 18 & wan oa earth who coul bribe Mr. Culver. I do wnot koow hus position in the case. I do know that my sou and my busband’s partoer met State Attoroey Longenecker tonight and that gen- tieman expressed bimself as confident of my busband’s wtegrity. ~Mr, Culver is & very determived mau, aud if be believed he was right be would stick it out in spite of the whole worla,”