Omaha Daily Bee Newspaper, May 6, 1891, Page 1

THE OMAHA “TWENTIETH YEAR. - WENT ACAINST BOYD. Fupreme Court Gives Out a Decision in the Contest Case, THAYER DECLARED TO BE GOVERNOR. .,‘ Judges Cobb and Norval Hold in Favor of the Ex-Governor, JUDGE MAXWELL DISSENTS FROM THEM. r He Empbatically Dec'ares That Boyd is and Has Been a Citizen. PRETEXTS FOR JUDGMENT OF OUSTER. Sy'labus of the Decision Which Puts the People's Choice Out of His Office Given plete, re Coms LixcoLy, Neb,, May 5,.—[Special Telegram to Tur Bee.]—The great Boyd-Thayer con- test ended at 4:30 o'clock this afternoon by the supreme court declaring that Thayer is governor and by oustipg Boyd. The opinion handed down by Judge Norval, a brother of Dick Norval, attorney for Gov- ernor Tha) @ opinion was concurred in by Chief Justice Cobb. Justice Maxwell, however, handed down a dissenting opinion couched in the most ewphatic language, in which he ared that under the enabling act Boyd became a citizen of Nebraska and was one when he was nominated for gov- ernor and when he qualified for that position Judge Maxwall's opinion comprises nearly & thousand pages. The following is the syl- Jabus of the opinion haunded down by Judge Norval: State ex rel, Thayer vs Boyd quo warranto. Judgment of oustel he supreme court has jurisdiction to entertain proceedings by in- formation in the nature of quo warranto in- stituted for the purpose of determining the rights of persons claiming the office of govern- or. Under the provisions of section 2, article b, of the constitution, no person is eligible to the office of governor who has uot been a cit- 1zen of the United States and of this state for at le two years mnext preceedi the election at which such ofs is to be chosen. Where a plurali of votes are cast for a person for a public of- fice who is ineligible the eiection is void. Un- der the fourth section of the act of congress, ' ! entitled “An act to establish an uniform rule ¢ of naturalization,”” approved April 14, 1502, the child of an alien under ty ue years y of age, althongh born in a forcign countr: becoires a citizen by the naturalization of b parent if dwelling within the United States AL the time the parent is admitted to citizen- ship, but it does not have that effect if he is over (wenty-one years old at the time the parent is naturalized. The orderof a court admitiing an alien to cuship is a judicial act in the nature of a judgment and can be proved only by the record. The fact that an ahen has for many years voted at elections held in this state and filled important public offices does not establish that ho izen of the United States. Where an alien is natural- ized under the naturalization laws his citizen- soip dutes from the time the order of the court is made admiting him to citizenship. The alien inhabitants of the territory of Nebraska at the time of its admission as a state did vot become citizens of the United States by virtue of the acts of congress ad- mitting the state into the union. The words “eitizers of the United States' as used in sec- tion 2 of article 5 of the state constitution is construed to mean aperson who is an American citizen by birth, or a person of for- eign birth who has been duly naturalized under the provisions of the uniform rule of naturalization established by congress. Under jon 1 of article 5 of the constitution "wrlnu electod to the office of governor is ftled to discharee the duties and receive the emolumeuts of the office for the term of two years from the first Thurday after tho first Tuesday in January following his elec- tion and until a successor is duly elected and quahified. Where the person receiving the highest number of votes for the office of gov- ernor is ineligible nnder tho constitution to be elected the governor holds over. The duties of the chief executive office of the state devolves upon the licutenant governor . in certain contingencies, among which are the failure of the governor-clect to qualify and the disability of the governor. It cannot be said that there has been a failure to qualify where no person has heen constitutionally “clected to the office. The words ‘“‘other disabilities of the governor,” appearing in section 16, ar- ticle 5, of the constitution, have no reference to tho ineligibility of the person to be elected but covers any disability of the governor not specifically enumerated in the section, and occurring after the commencement of his term of ofice. Held, that when the non- election of a person to a public xqgm is ascer- tained by the proceedings in qub warranto the person entitled to hold oVer must then qualify, ‘The opivion had no sooner been handed down than Thayer immediately filed his bond with the secretary of state, As the matter is & federal question it is reported that Goy- ernor Boyd will appeal the case to the su- preme court of the United Statos, LizcoLy, Neb., May b.—|Special Tele- gram to Tie Bee.|—About an hour after the cpinion was handed down a west of ouster was served on Governor Boyd by a deputy sher- iff. The governor was ordered 1o turn the oftico over to 1" nd he did so, but mained first to all his private paj were packed yer ook possession of th executive office and was immediately sur- rounded by a number of ex-officials who owed their discnarge to Governor Boyd. A large crowd gathered in the state house after the opinion of the supreme court was kuown and the greatest excitement prevailed in the city, s A CUT AND DRIED. Thayer's. Attorneys Were Probably On the Inside in the Matter, | LixcoLy, Neb., May 5.—|Special T elogram to Tue Brk.)—The main subject of discussion onthe streets wnd in the hotels tonight is the unexpected docision of the supreme court 1ate this afternoon in regard to the Boyd Tayer contest. It was expected that the de- cision would be handed down this morning. The opposing attorneys were on hand ex- pectant, but the entire morning was spent in considering minor cases and it was an- nounced at noou that the court would adjourn until ¥ tomorrow, Counsel for Governor Boyd was therefore led to believe that there would not be any decision banded down until tomorrow. Gen- erals Cowin and Judge Crawford, attorneys for Governor Boyd, loft for Omaha snd Howe was out iu the city and did not a at the executive ofi-o until aftor Governor Bovd hud been ousted 1% The general tupression seems to be that the counsel for Governor Thayer were not resung in such blissiul ignorance of the purpose of the court, forat 5 o'clock, when the opinion was filed, writ of ouster had a! ready been prop wis instantly signed, ed in the bands of Deputy Sheriff Hoxic 0, accompanied by O, . Mason, John 1., Webster, 2d. Carnes, Dick Norval, (brother of the judge), and & posse of about fifty otbers, marched into the governor's oMce, sorved the writ on Governor Boyd and de- manded immediate pesseasion, Governor Boyd said: 1 am ready to obey the mandate of the court, but | would like to have a few mowents’ delay until my counsel, who have been telcphoned for, can arrive." Judge Mason seemed favorably inciined to such & course, but was calied aside by John ! L. W-uuw and after & fow moments' con- sultation Webater came back aud toid the DaiLy BEE MORNING, MAY 6, 1891. deputy sheriff to demand immediate posses- sion of tne executive office. To this Governor Boyd immediately co plied. Mr. Howe arrived less than five minutes after, ana was indignant at what he called the hot hasto of proceedings. One of the comical features of the great event was after the ofice had been turned over to Thayer, Judge Mason ambled up to Govornor Hoyd, reached out bis hand, and grasping that of Governor Boyd said: ' am very sorry that you have to vacate this office under these circumstances, To this Governor Boyd smilingly replied “Don’t shed any crocodile tears on my ac- count.” The judge was paralyzed fora few moments, eolored up, and for the first time in his life was at a loss for words, Governor Taayer had evidently been previously iuformud of the intended decision of the coiirt, as he was ready with his bond and filed it ‘immediately with the secretary of 8 On assuming the duties of hisoftice, he immediately set to work, and cut off five official heads Adjutant General Vifquain first fell a vietim to the official guillotine and Adjutant ndral Cole was put in his place. Father Corbett, chaplain of the penitentiary, was the next in line, and his head cameoff. Elder Howe was reinstated. Captain Crawford, the janitor at the state house recently discharged, was roinstated. Goveruor Thayer then fired the ¥ appointed superintendent of the asylum at Norfolk, and wrote out a commission for John Wilkinson Colonel Harry Downs, recentl to the deputy libor commissioner, will be re- instated, as will also Mr. Perris, clerk in the executive oftice under Governor Thayer. Tonight the new chief exccutive is shurpen- ing up the guillotine for further slaughter. assistant T BOYD THINKS: win Take the Case States Supre Lixcoty, Neb., May 5.—|Special Telegram to Tug Brr.|—Governor Boyd was seen this evening at the Hotel Lincoln. He was iu his usual good spirits and said he was glad that the supieme court had finally come to some decision. The governor said “I dow't regret o much about being ousted from the position of governor as I do that a majority of the court has declared that 1 am not a citizen of the United States. 1 believe with Judge Maxwell, in my opinion the ablest to the United e Court. judge on the bench, that I am & citizen of the United States, and of course it goes without saying that L always intended to be such. A man who has lived 1n this country since he was a child and been a resident and citizen of this state for thirty-five vears,and who helped to frame the constitutional provision now invoked to oust him from oflice, and who was a member of the first_state legislature that accepted the provisions’of the enabling act unaer which the state was admitted into the union, and who hias done perhaps s much as any other man in building up and de- veloping the resources of = the is certainly entitied to cf To say the least it 1s a mere techuical con struction of the law by a majority of a par- tisan court that deprives him of ‘that citizen- shin. My greatest Fri-lu has always been that I could say that [ was an American citi- zen and 1 do ot propose to let this matter rest here, but if tne law will so permit I will v this case to the supreme court of the United States for the purpose of having a declaration of what constitutes citizenship of the United States by the highest tribunal in the land. 1 Dbelieve that court will gave a different construction to the law than that mven by a maority of the supreme court of Nebraska. At least I have been so advised by as able counsel as there is in this y. 1 shall do this, ot for the purpose of regaining the office of governor, for that of- fice 1 do not care, but, as before stated, I wish to ostablish my citizenship. 1 regret that the decision of today was not rendered long ago. It would have saved me from many an unjust and undeserved criticism. The people as well as the nowspapers thut have accused me of making a corrupt bargain with the supreme court it seems to me should now have the firmness to give me the credit of having acted honestly and conscientiously in the discharge of my official duties.” Governor Thayer was seen, but he was too excited and husy almost to talk. He de- clares, however, that according to the laws of the state heis the only person who can hold the ofice of governor. He believes the decision of the supreme court to be tho ouly right and just one, as Boyd, being an alien by his own confession, has no right to the oftice, That under such circumstances the letter of the statute: must be followed, to wit, the old governor holds over. Thayer's Little Hatohet. LixcoLy, Neb., Mag 5 —[Special Telegram to Tui: Ber. |—Governor Thayer today made the following appointments: A V. Cole, adjutant general; Rev. P. W. Howe, chap- lain_of the penitentiary: D. C. Crawford, janitor of the capitol building; Dan Hopkins, wardon of the penitentiary; Dr. Fred G. Test, superintendent of the asylum for the ‘incurable insane wt Hastings; J. W. Liveringhouse, steward of the usylum for the incurable insane at_Hastings: H. F, Doans, clerk in the office of commissioner of labor: Dr. George W. Wilkinson, superintendent of the lnsane asylum at_Noriolk; J. R. Niehol, stewara of the insane asylum at Norfolk; J, B. Parmaleo, principal of the Institute for the blind at Nebraska City; Captain W. C Hency, commandant of the soldiers’ home at Grand Tsland. Di-satisfled at Hastings. Hastixas, Neb, May b.—|Special Tele- gram to Tui Beg.]—The declsion of the su- preme court in the case of Governor Bog cannot be accented as welcome news by the ns, ‘They®are much chagrined, as y expected that Tom Majors would be'de- clared governor of Nebraska if Boyd was de- clared ineligible. Superintendent Johnson, the new appoiutee ut the insane asylum, who' this moruing ob- tainea full possession, vs tonight to Tur Bee mao that he will not hold under Thayer four minutes, but be will resign instanter, The democrats here accept the news as a bitter pill Ragan and Lanning being the only ones who find contentment in the de- cision, and arc holding conference tonight, } His Job Not So Sure. Nenmasky Ciry, Neb, May 5 —|Special Telogram to Tue Bee. |- The news n’ regard to Boyd being retired and Thayer reinstated s goveruor was discussedt on the streets by everyone tonight. Prof. Bakestraw’s friends were not bappy aud Prof. Parmalee has cou- cluded to remain until the controversy 1s set- tled. In casa Thayer is reinstated Prof, Parmalee's friends say he will be replaced. IN OMAHA, How the News Was Commented on by Prominent Citize ‘The news of the court's decision or scnsation in this city, especially iu political circles, and formed the theme of corversation and discussion on the streets, in the hotels aud at all gatherings City Attoruev Poppleton said he was not ed a surprised. *It has been a very difficult ques- tion,” said he, “and I would not been surprised at a decision cither wa, Councilman Bechel said the decision would probably result in case going to the United States sup! court, where 1t properly belongod. Muyor Cushing said he thought it was a very unfortunate thing for Mr. Boyd, and the stato of Nebraska, too, at this especial time. “Thayes, if seated, is aptto call special session of the leislature, and if that old niob gets togather again there is no tell iug what they wou't do. I{it gave us Tom Majors 1t wouliw't bo 50 bad. Fle is a man, wd'a capable, fair-minded one, and would give us a subsiartial admivistration.” Charles J. Creen anid: 1 have not yet seen the text of the decision, but 1 have been of the oplnion that Mr. Hoyd should be sustainod. When I bave read the opinion in full I shall be in better shape to s some- thing about it thau at present.’ Colonel W. A. Paxton ssid: I can tell you briefly what I think of the wholo busi- G ABCOND FAGE] [caxpxu 'SEARCHING FOR IGNORACE. - Was seen Another Day Uonsumed in Trying to Becure a Jury for the Sheedy Trial, INTELLIGENCE AT A GREAT DISCOUNT. A Young Man's Thrilling Career— Hutchinson, the Would-Be Mur- derer, Captured—Other State News, LixcoLy, Neb., May 5.—[Special to Tue Bree.|—In the trial of Mary Sheedy and Monday McFarland for the murder of John Stheedy the entire day was taken up in the effort to secure a jury, Yesterday nine men passed the challenges for cause, and the speedy selection of the jury seemed probable, but the court reversed one of its rulings with the effect of materially delaying the proceeding. It was held yesterday that, under the law of 1880 governing counties of 70,000 or over, au opinion formed from the reading of news- paper accounts of the murder, was r.ot a cause for challenge. Today the court announced that it had given the question further inv tigation and had reached the conclusion that the general law was not repealed by the statute of 1880, The court had also gone over the stenographer's report of the examination of the nine jur- or and it excused Messrs. Hendry, Hartshorn, Oakes and Quackenboss from sorvice. The defense then claimed the rignt to re-examine the othersix jurors, and the court readily gave both sides an opportunity to recall them to the stand. Under this sec ond examination Mr. Dunham was also ex- cused, leaving but four of yesterday's jurocs. Absolutely nothing ot a sensational nature occurred during the day to interrupt the mouotonous quizziug of the gentlemen drawn as possi- ble jurors. Mrs, Sheedy sat between her two sisters and kept her eyes almost con- stantly upon the persons uunder exawination. 1f she had occasion to glance at the court or the attorneys for the presecution she did it by rolling the eyes in their sockets without turning her head to the right or left. Her composure was perfect, and there was noth- ing in ber conduct to attract attention. MecFarland sat in the background, scarcely noticed amid a throng of lawyers, and he kept bis eyes on the wit- ness staud with scarcely a change in his expressionless face except when en gaged in whispered consultations by bis at- torneys. The court room was filled with spectators, but the fairsex was conspicu- asly absent, Many of the persons examined were op- posed to imposing the death penalty on evi dence wholly circumstantial, and the attor- neys dwelt ipon that polut at great length. The court itself wearied somewhat of the reiteration and made this statement: “There never was a case in which the testi- mony was all circumstantial. Such s case cannot be conceived. The death of John Sheedy can be proved by direct evidence, and this is a1so true of other points in the case.” The courts rebuke had the effect of making the examinations for jurors loss rigid. The net result of the day's labor was the ad- dition of the following seven gentlemen to toe four already in the jury box: S. S. Griffin, A. B. Norton, James VanCampion, Frank E. Doyle, 1. L. Lyman, A. P. Martin and David Hettrick, The twelfth man will robably be selected tomorrow morning, but t is certain that some of the twelve will be displaced. The stato has six pereraptory challenges and each of the defendants six- teen, maliog o total of thirty-eight, so that all of tomorrow may be taken up in getting the jury. HUTCHINSON CAPIURED. Mrs. Greene's Wou'd-Be Murderer Ar- rested at His Home. LixcoLy, Neb, May —[Special Tele- gram to Tue Bee.|—B. W. Hutchinson, sr., the would-be murderer of Mrs. Jennie Greene, was captured about 10 o'clock last night at his home in Ashland where he has been in hiding since last Saturday. The capture was effected by Marshal Melick of this city. The murderer was brought to Lincoln at 10 o’clock this mornin - feets insanity. He claims that while talking with Mrs. Greene astrange feellng came over him and he does not recollect anything after that unttl he found himself hatless about teu miles northeast of Lincoln. The Hutchinson homestead is situated a mile from Memphis on the banks of the creek, and back of it is a large wood, thus affording the old mau an opportunity to go back aud forth without hindrance. It was about 10 o'clock when Mr. Melick arrived, but he immediately proceeded to the house and knocked for admittance, Mrs. Hutchin- son was at home and seemed rather sur- rised to seo the officer. She denied that Rur husband was at home, but the officer per- sisted in searchiug the premises, and his pa- tience and ingenuity was rewarded by find- ing the old man in a small bedroom, Hutch- inson made no resistance and appeared to be waiting to be capturad. }ge was very much broken down and went along willingly. Hutclinson Is either insano or pluying a part. He cannot or will not tell why he shot the woman, but says that he does not remember anything about the tragedy. He made his way Wednesday to Memphis, but fearing detection hid himself away. He remained in the woods near his house, sheltered by his family until Saturday night, when he felt so tired and worn out that he begged to be taken into the house. He was smuggled in under cover of the dark- ness, and remained in hiding there until he was eaptured. If the woman dies, which is rezarded probable, the defense will undoubt- edly be insanity, Hon. J. R. Gilkerson has been, retained to aefend him. The oid mdh will have his examination as soon as it is known whether the woman will live or die. P Tried to Wreck a T rain Scotia, Neb,, May 5.—[Special Telegram gram to Tue Bek.] —While the moruing train was in town this morning two tramps went to the house of Mrs, Craig and took some tools which were in the yard and commencea tearing up the track and placing obstructions on the railway near the house. Mrs, Craig supposing them to be section hancs, went to toll them to return what they had taken, when she was ariven into the house by them. She was followed by the tramps and when they reached the door she got a revolver and fired at them, evidently hitting one, as blood The tramps then escaped. The woman flagged the train and the obstru tions were removed. A large party of citi zens of Scotia are in pursuit of the tramps and if caught they will fare rough, Congregational Associatic Bram, Neb,, May b. pecial lelegram to Tux Ber, |- The Twenty-third annual méet- of the Omaha Association of Congregational churches, only about oue-half the preachers and delegates baving arrived. Aftor some preliminary work the meeting adjourned uutit Wedn v morning at ¥ o'clock. Appointed a Superintende chuAsiA UiTy, Neb, May 5.—[Special Telegram to Tue Bek.)—The school board agreed upon W. H. Garduey of Wymore as superiutendont of our city schools and has received his acceptance. Arrested for Complicity. FuiLewtoy, Neb., May 5.—[Special Tele- gram to Tne Bee. |—Frank Cusbing and wife were arrested at Cedar Rapids yesterday for dollars worth of merchandi some Union Pacific cars at some time the past winter, were taken to Portland Imlw4 intention of Cushing and wife to ofon eral merchandise stove at Cedar Rapi were awaiting the mxwl of a large amount of the stolen goods which was captured at Columbus, enroute to Cedar Rapids, and led to the arrest of Cushing and wife, A Thrilling Story. Freyoxt, Nob, May 5.—(Spoelal to Tue Bee. |- James Rice, a young man who has been working for Josiah Longacre at Gilen- cal, this county, has had a checkerea career. Twelve years ago he was a page in the Colo- rado senate. By close cconomy ne saved $,200, which he itended to carry him through college, but on the eve of his de- parture from Denver he was robbed of every cent by astranger at bis hotel A raochman took pity on the boy and gave him employ- ment on his large range, and while trying to recover stock fromgmaraud- ing Indians the cowboys were en- gaged in a fight, and young Rice was twice wounded, but was saved by his comrades, who strapped him on a pony and carried him twenty miles to be treated by a surgeon. He setiled 'n western Nevraska and was a victim of much drouth, and with others came to Dodge county this spring peuniloss and obtained employment. Five years ago he placed the account of his early loss in the hauds of a detective agency, with littie hope of success, but about a month ago he received a letter from the detective agency saying that the robber had been traced and that he had made a confossion, restitution would be made by paying the principal, compounded at the rate of 10 per at, and that a bonus might be secured. The thief had prospered and was in business with his father 1n one of tho largd . stolen from tland, Ore., he prisoners 1t was the Missouri river cities and would meet young Rice April to settle, whither Rice duly went. Josiah Longacre has since received a letter from the detective saying that young Rice received as principal and interest &,200 and a bonus or hush mouey to the amount of £20,000, ana that the excitemeat connected therewith had thrown the young man_ into brain fever and his life was despaired of and his friends were sent for. The robber said he took thie money because he did not like to write to his fathor for more, and that he has been looking these many years for young Rico to pay him back. Sioux City was tho place of coaference. Judge Hamer's Decision ryey, Neb., May 5.—[Special to Tue Bek.]—The recent deoision of Judge Hamer at Broken Bow in whieh he did not coufirma certain foreclosure, has gone the rounds of the state press and even fargher. The judge was interviewod this ovening on the matter, and he gaye the status of the case as follows : The farm iu question is 160 acres, all tillable ‘excepting about fivo acres, Seventy acres were under cultivation and thirty acres more were fenced, and the land is worth at a fair valuation #,000. It had beon appraised, by men who never saw the land, at 8600, and was sold at the legal mwimum of $400, These facts were drawn out in court and the judge used vigorous lsnguagein denouncing these proceedings and refused to confirm the sale on the ground that it was illegal, and the owner had a right te a reasonable con- sideration for his iand. There were a few more sales of the same kind which he refused to confirm on the same grounds. The justice of this decision should fiot. be.misleading and the facts should be knéwn te vindicate the bad reputation sent abroad from this judicial district. Loan. agencies haye nothing to com« plain of here if they are disgosed to be fair with their patro Justly Indignar Anaranor, Neby ‘May 5.-<[Special to Tae Bee.|—The residents of this village are very indignant over the report pub- lished that a circular had emanated from Arapahoe, signed by Representative Stevens and others which ‘“is worded in such a mauner as to create the belief that the people of that county ave actually starv- mg.” No case of starvation or extreme want has come to the notice of the people here, and while there are many cases of slight distress in this neighborhood, they do notre- quire ignorant and false statements in the form of a circular to meet them. Court House Burned. WaLLAce, Neb., May 5 —[Special Telegram to Tue Bee.|—The temporary frame strac- ture used by Hayes county as a court house burned at Hayes Center this moraiug to- gether with all the county and court records except the real estate pspers; which were saved. Tha flour and feed store of Frost & Son, adjoining, was also consumed. Frost's loss'is £1,000, with no wsurance. The fire is believed to be the work of an incendiary, as it was first seen on the outside on the rear of the building. # Handed Over the Keys. Hastixas, Neb., May 5.—[Special Telegram to Tie Bee.]—Dr. Johnson, the new superin- tendent of the insane asylum, informs your correspondent this evening that the double- headed official farce at the asylum is at an end and that he is now in full possession. He made a formal demand of Dr, Test this morn- ing und was turned ovor the keys. A Campbell of this city reliéved Mr. J. W eringhouse as stew: Probable e Unearthed Nengaska City, Neb,, May 5.—[Special Telegram to Tuk Bri.|—The corpse of an infant, supposed to be two or three days old, was discovered by two boys in an old Mis- souri Pacific cistern near the freight house, The remains were wrapped in a little shawl and had_ovidently been there for several days. The coroner has the matter in hand and will investigate. A Paper Changes Hands. Rep Crovn, Neb, May 5. —(Special Tele- gram to Tiue Bee.|—The Webster County Avgus changed hands today, G. J. Warren retiving and W. L. MeMillan and F. M. Pot- ter taking charge, Both are well and fayor- ably known in’this conmunity. The firm will be known as MeMillan, Potter & Co. Sold by a Teceiv-r. Ren CLovp, Neb., May 5.—|Special Tele- gram to Tug Ber.|—The Red Cloud roller mills, together with all water rights, was sold today by Receiver H. €. Scott upon an order of the supreme eburt of Nebraska. The mill is a fine one with# capacity of 150 varrels per day. Fire at Papiition. PariLiioy, Neb., May 8.—[Spec Bre 1to Tue |—The flouring milk of Johu Schoab was destroyed by fire early this morning, and with its content is a total loss, The of the fire is unknowa. The will was lued at $5,000. There a%no insurance, Special Electian Called Harmixatoy, Neb, May 5.—[Special to Tae Bee]—~The Codas county com- missioners have taken faworabie action on thenew court house proposition and havo called a special election to be held June 6 for the purpose of voting $20,000 in bouds, A New Professor, Newnaska City, Neb, Muay Special Telegram to Tue Bee. | —Prof. Moriager was tody appointed musical direetor of the insti tute for the biind. Prof. Moriager recently came to Nebraska City from Chicag: Cigar Factory Burned, Crete, Neb., May & (Special to Tue Bi. | —The cigar factory of O, P. Hetter in the north part of the city; was destroyed by fire last uight. Loss abalit $%00, iusurance §200. e THE WEATHER FORECAST. For Towa and Nevraska—Generally fair; warmer: winds becomiag southegsterly, For Missouri—Fair; warmer Wednesday night; northeast winds. “or Kansas and Colorado—Fair; warmer; 4 complicity iu the theft of several thousand l nortbeast winds, SEVERE 0N JURY BRIBERS, | Report of the New Orleans Grand Jury on the Italian Killing. HOW TALESMEN WERE MANIPULATED, The Dirty Work of Detective Domi- nick O'Malley and His Associ- ates Shown Up in an Un- enviable Light. New Orreans, La, May 5.—After six weoks of investigation the grand jury com- pleted its lavors in the Italian case and this afternoon presented a voluminous report to Judge Marr. The report recites the killing of Chief of Police Hennessy, the trial of the Italians, eote., ano reforring to the verdict says: ‘“‘We cannot be mistaken in the asser- tion that the verdict was startling, amazing, a Llitter disappointment, shocking to public opinion, provoking repeated accusations that some of the jury had been unfaithful to their office.”” The report zoes on at considerable length to speak of the comments made on evory side before the termination of the trial touching the action of some mem- bers of the jury; romarks dropped in and about the court room, qaarrels in the jury room, ete. Careful observers, 1t says, testify with special reference to the warked inatten- uion of the jury as witnesses submitted their evidence, conduct most unbecoming and fraught with the gravest consequences when the momentous part of the issue is eonsid- ered. “‘Weare led,” coutinues tho report, “to conclude that the jury undertook to try the case when it was submitted by their own estimate of the value of statements made by parties not called upon as wit nesses. With strange unanimity they dwelt upon what they knew by reading and hear- say of certain incidents of the assassination vrior to the trial, and made those a basis of vowerful persuasion for giving the accused the Dbenefit of the doubt ana con- cluding their deliberations in their favor. We take occasion to say that it was not expocted to obtain any evidence of undue influence from members of the jury, for those who were uncorrupted had nothing to reveal, while others would not make themselves party to the crime, yet in their numerous statements much was ob- tained having direct connection with and supported by the great volume of testimony elicited during the inquiry. It is cleariy brought out by the evidence of the jurors that as affecting three of = the accused — Pollitz, Scaffedi and Mo- nasterio — the jury eogaged in deliberation four or five hours and on re- peated ballots stood six guilty and six not guilty. It forces the conciusion that the evidence was sufficient to justify the six jurers who stooa resolute and determined for a verdict of guilty, making it well nigh im- possible to reach any other conclusion than mistrial. The three accused named avove were probably the unwilling actors dosig- nated by the leaders of the conspiracy to ex- ecute the villianous part in which they had neither personal motives mnor interest. Following * this investigation . it was quickly learned that talesmen had been ap- proached in various manuers, the vile work even beiug carried forward in the court room during the trial. One favorite expression was, ‘big money might be made by goln? on the jury and doing right.” There is no doubt such attempts were inade by various parties in the service of the defense, entertained by some talesmen and scornfuily rejected by others. In some instances a rebuff was met with in the answer tnat it was a joke, but surely it was a well directed joke of deep significance when the leading part is enccted by the counsel of one of the accused awaiting trial now under an indictment for attempt- fug to bribe a juror. Auother class of talesmen took special care to deny any knowledge of the vile work or showed remarkable deficiency of memory, causing us to conclude that they were silent from fear or had been cautioned about incriminating any one. A number of witnesses most em- phaticatly denied having been uprrum'lmll or spoken to, even after telling it to their friends, who informed. Awong the talesmen a number of our citizens have nobly come forward, relating their experiences, furnish- ing some of the missing liuks in the chain _ of circumstantial evidence drawn around the organized gang of jury- bribers, It is mnot to be questionea that the work was systematically executed after careful preparation and bad to be done quickly. The necessity was imperativo for o complate list of talesmen and the grand jury knows that the list of talesmen was 1n the office of O'Malley & Adams at11 o'clock Sun- day morning, February 22, though the trial judge had issued special orders that the list was not to be made public or given to coun- sel on either side until Monday. It is not shown by whose hands the list~ was secured, but enough was showu to confirm the seeret and powerful influence of a so-called private detective agency and Counsel Adams to handle the machinery of the court. The evi- dence shows that the list of names were tampered with-when drawn from the jury wheel und before they reached the jury box in court, O'Malley was put in possession of the lists almost immediately after the names weze drawn and before they reached the district attorney's oftice. Infiuential friends alone could accomplish this, but this was secured in the person of one of the jury commmis- sioners, lately removed. It i furth learned that 1n the ofice of the detective agency is kept a book of the names and ad- dresses of jurymen. Out of the 300 naumes drawn for the February pancl thirty-two were on O'Malley’s list, and later as the talesmer. were drawn more names appeared that were on that list, 7'ruly tho of this enterprising detective facilitated when thirty-two r selection could be drawa on & jurors from a wheel containing agenoy names of th panel of 800 1,000 name "The report goes on to speak of the unreli- ability of some of the deputy sheriffs about the court and the parish prisons, althougn they were not detected in any act of infidel- ity. When the indictments against McCrys- 1 and Cooney were read in the court room in blank the fact was at once communicated 10 the indicted men through some subordinate of the court. When these men were arrested in O'Malley & Adams' office the deputy sheriff, at the request of O'Malley, reported to the eourt that the arrest was made on the street., The report dwells on the sworn statement of Thomas Collins as of great value. He, after entering the employ of O'Malley & Adams, was commissioned as a special officer mayor and pajd by the city. *His says the report, “while acting in his double cavacity, were performed with the stretest fidelity, as evidencea by the daily reports of everything scen or heurd. Its details and matorial featiies are so closely connected with the circ stances of the trial, as confirmed by otne witnesses, that there is not the slightest reason to doubt the accuracy and correctness of Collins' sworn statement. It unfolds whole story of the wniquitous workings of th arch-conspirator and his lieutenants, rev g the boundless power of a man to ove come and defy the mujesty of the law in criminal and civil proceedings through the operations of unscrupulous private detec- tives. The aifficulties of establishing the ex istence of such conspiracies by adecuate proof are almost wmsurmountable. Secrecy {s the essential element, and selaom does it happen that any owe of the | participants will reveal villany either beforc or after its exccution, Sufiicient evideuce, however, was offered by voluntary and reliable witnesses 10 Justify the indictment of six men as follows: Thomas McCrystol and Joln Cooney with D. C. O'Mulley “for attempting to bribe talesmen, and Bernard Charles Graoger, and Berneard Armant for an attempt by each 1o bribe turee differont ¥ | tleswen, Theso parties are closely showa to have been = in his office, | % active worken % generally. W that Dominick knowlodge of al all of the unlawi that celobrated ¢ aud corrupting in dict would have b 8 natural consequi wte_with O'Malley, ofton med of all dojngs aud were the jury fixing business forced to the conclusion ‘alley i chargeable with rticipation in most if not 3s in connestion with Without- his assiduous ve we beliove tho v uically different aud as the tfagic occurrence of March 14 last ¥ would have been recorded, MeCryswer® voluntary statement to the grand jury, partly in the hope of im- munity, reveals some points and causes us to think ke would have told more but for the power and influence of O'Malley and his as- sociates, McCrystol ana Cooney were his trusted accomplices and flzure throughout tho whole witalr with prominonce, showing the high appreciation in which their services were held. We cannot fail to refer to the intimate relations existing between a class of ward politicians and the prime mover in all these infamous doings. We have almost directly confirmed that a person holding the position of fnspector of weights and measures was often at the agency and was seen coming to the court house in company with a talesman the day he was accepted as a juror. Thereis confirmed evidence that the influence of O'Malley with the night watch- man and 1spector @t the olectric light plant was 80 great that he caused thom to manipu- late the light at the corner of rard streot and Basin the night the jury was taken to the scenc of the assasination to correspond wlth its alleged actions the night of the mur- der. His influence also accounts for the al- terations in the book of record at the electric light plant. From the beginning of the in- vestigation there is continuous evidenco of the pernicious combination of what is known as O'Malley's detective agency. It adver- tises that one of the ablest criminal lawyers at the bar is attorney for the agency. Wa know for an absolute fact that a bank account is kept and checks drawn in the name of O'Malley & Adams, the interested parties being D. C. O'Malley and Lionel Adams. Such a combluation between a de- tective and a prominent criminal lawyer is unheard of before in the civili when we contemplate 1ts possibilities for evil we stand aghast.”’ The report tuen goes over O'Malley's rocord from the time ho served a term in Cleveland for larceny, detailing the_indict- ments found against him in New Orleans, convictions for minor offenses in tho criminal courts, etc.. and says that hindrance to the administration of = justice was his doing, that while a judge presided in the criminal court he ordered O'Malley excluded from the room, This was during the time the aetec- tive's present associate, Lionel Adams, was district attorr ey, and iteis a siznificant fact that two indictments against O'Malley for tampering with witnesses were not brought to trial, but were nolle prossed by the dis- trict attorney prior to the expivation of his term. ““The inside view we were enabled to get of the workings of this deiective agency through Detective Collius, abundantly cor- roborated from many sources, convinces us that it has at_its command & band of perjur- ors, blackmailers and jury tamparers and that it has for some time been an element of discord in tho community and a stumbling TROUBLES OF THE INDIANS. Official Inquiry Into the Oauses Which Led to the Recent Outbreak. OMAHA'S ~ NEW FEDERAL BUILDING, \Vork Progressing on the Plans—De« signs for the New Fort- Public Printing Investigation— Land Decisions. Wasmyarox Brreav Tue Beg, 518 FornTeeNTil STREET, Wasuizatoy, D, C., May 5. Jeneral Manderson is one of the foromost members of the senate committee appointed to investigate this summer the causes which led to the recent outbreaks among the Sioux and other Indians in Dakota, northern Ne- braska and elsewhere. He said of that in- vestigation: I have heard nothing so far from Chairman Dawes and do not know what Is to ve done. I trust the investigation will be thorough and that some good will come of it. Some one was to- blame for the trouble and something should be done about it. To my mind the entire Indiau situation should be overturned. We must either break up the tribal relations among the In- dians and scatter them aBou: in elvile ized communities, so as to make their civilization easier and swifter, or we must consider them as so many paupers, in- capable of self-support, dangerous in inclina- tion, and corral them like so many troops and feed them without anticipating any effort toward self-support. . They cauuot be savage and civilized at the same timo and they should be treated as one or the other, I think the enlistment of the Indians as sou- diers is going to result in much good. It will have a tendency at least to break up their line of organization for warfare." General Maunderson stated to Tur Bee correspondent that he had just had a talk with the supervising architect of the treasury and work was now progressing upon the plans for the new federal building at Omaha. It is 1o be in size 120 by 200 feet, with the view to ultimately Inc ng it to 200 feet square. The character of material to be employed is under advisement, If granite is used the size of the superstructure will have to be de- creased 80 as to make the cost come within the appropriation. The senator hopes that some western state will produce a granite or handsome stone for the building and for the advertisement furnish it at prices which wilt ennble the department to adopt the material. The war department is also at work upon Omaha designs. It 1s making the plans for new Fort Omaha, The question of the char- block to the administration of justice which | acter of brick to be used is under considera- should be eradicated : that its career of crime has not been cut short is a matter of wonder, and is no doubt due to tne fact that O'Malley and his co-workers banded together for self- presorvation “The extended range of our sea veloped the existence of the s tion styled the ‘Matia.’ Evidence comes from several sources fully competent in themselves to attest its truth, while the fact is supported by a long record of blood curd- ling crimes, it being almost impossible to dis- cover the Derpetrators or secure witnesses. ‘The ofticers of tho Mafia and many of its members are now known, Amongst them aro men born in this city of Italisn ovigin, using their power for the basest purposes, it said to their eternal A large ‘number of the society s composed of Italians and Sicilians who left their native land in most cases under as- sumed names to avold conviction and punish- ment for crime. Others were escaped con- victs and bandits outlawed in_their own land, seeking the city of New Orleans for the ‘congenial companionship of thair own class. These men know theswift retribution of the law in Italy, for hundreas have been shot down on sight by the military in the mountains of Sicily without second_thought Today there is recorded in the oftice of the Italian consul in this city the names of some eleven hundred Italians and Sieilians landed here during several years past, showing the records of tWeir criminality in Italy Hundreds of them are among us We doubt not the Italian govern- ches has de- ret organiza- today ment would be rather rid of them thau be charged puuisnment. with It their custody and cannot be question- ed that secret organizations whose teachings arc hostile to the fundamental principles of the government of the United States must be a continual menace to the wood order of society and the material wel- fare of the people. The law is the safeguard of society; its just exccution expresses tho will of the people in condemnation of crime, but where this lofty principlo is scoffed at by the practice of assassination for revenge or spite or concealment under the most binding oaths, rendering powerless the efforts of the law to reach the perpetrators and secure witnesses, it becomes the duty of the peoplo in the exercise of their sovereign rights to issue their decree of condemuation. That verdict has been rendered; the power of the Mafia isbroken; it must be destroyed as an element of danger, a_crcation of leprous growth in this community.” The report goes on to severely reflect on the action of some of the jurymen in the trial. Some of the jurors testified in the most em- phatic terws that had it not been for the pos sistent and well directed cfforts of three jurymen the verdict would have been ma- terially different It is certain that the 1 effort of couusel for the dofense was lect for se such men as wero wall under O'Malloy’s influence. **What can be thought when ~ three jurors were accepted with only some unimportant questions or the clerk toldjto swear them withdut question This is a brocecding most unheard of, but it has its meaning as well as other instances,” The grand jury goes on at great length to talk on the ‘imm stion, sotting forth the evils of present methods, in- incroduction of italian examination what- evor and whose names ¢ were uot on the passenger list of the ship. It dec that a crisis is reached uud ou the way of the issue it becowes the duty next congress to quickly e laws that forded The grand jury says it ias at no time lost sight of the necessity for a thorough investi gation of the whole aftair, They examined a large nuwber of witnesses, embracing those who were present at the memorable meeting on Canal street, in the vicinity of the p.ison, ete. “It {3 shown in evidence,” says the r port, “that the gathering on Saturday, March the stancing the recent immigrants without an itude of the act such vigorous complete protection shall be af- 14, embraced several thousands of the first, | west Guarier, section best and even law-abidiug citizens of thé aty. We found the genoral among witnesses, and also intercourse withi the peopl the verdict rendered by the jury was contrary 1o law and evidence and secured mainly through designing and unscrupulous agents employed for the special purpose of defeating the ends of just ing the determination’ was shown that the veoplo would nov submit to the surronder of their rights into the hands of midnight as- sassins and therr powerful allies. The assas- sination of Hennessy was deemed ne 10 prevent the exposur punishin criminals whose guilt was being fas lished by his diligent tion of uffairs in this tain class of violators of the luw had such a state that the law itself was w pursuit, The condi- ched 1 nigh with thew so far- their power and public meeting on ral aud spontaneous | in character a dicating the uprising of the masses, we doubt If any power at the comming ioeitios would have boen sufticient dence is ne fts intention oficial sour at ele were kilied in attuck oo son. W eight of v P, American gitizens aud s bis iutention,' which act ¢ nuuciation of alleriance to his (CONTINVED ON SLCOND PAGE, ] . At that meet @ community &s to a cer- | Evi- | be | completea its investigations, for the disgrace. | ntleagt. We may make further Inguiries in , tion. The huildings are to be gotten far under way during the present season. PRINTING INVESTIGATION, Senator Manderson, who has been kept in Washington ever since congress adjourned reason of the investigations which the oiut cominittee on printing, of which he is chairman, is making, was found at the tele- graph office this afternoon writing a tele- gram to his friends at Omaba announcing that he would leave with Mrs. Manderson for that city tomorrow morning. “1 should have left for home yesterday or today,” said he to Tue BEE correspondent, ““but I could not procure sleeping car accom- modations, Yes, the committee on printing has resent the autumn. We have gone far enough, however, to satisty ourselves that the entire Pr!nrlylos upon which the government print- ng is done must be completely overhauled. It must be turaed bottom side upward, It is all conductel upon the same vlun it was first iven. No improvements have been made for convenience or economy. Cong: blame for this. The government printe been given no discretion. In the first place the Congressional IRecord onght to have an editor, not to_determine what the men in congress shall or shall not print, but to pre- vent duplications, curtail the unnecessary publication of matter of various iinds and gencrally have authority to improve the pub- lication " and at the same time make the work cost I This can be done by giving someone sunervisory power with some lati- tude for diseretion.” Now congress orders everything, and congress really has no judgment, forso many cooks spoil the broth, you know. Thero must beu general super- intendent who can determine the amount of copies, quality of work, preveut Sduplicae tions, ‘and geuerally improve the’service, while at the same time decrease the cost. THE NATIONAL CONVENTION. 1t is the weneral opinion of conservative republicans that a strong effort will be made inspite of the traditions of the party and superior advantages of tue Garden City, to “keop the next republican uational convention away from Chicago. This Is said to be the quiet work of friends of the administration who favor holding the convention wost of the Rocky m’untains, presumably at San Fran- cisco. It is undorstood the Californians pro- Pose renewine their generous offer to trans- port the delegates acvoss tho westorn nalf of the coutinent aud back and to provide gener- ously for their entertamment during the conveution. Senator Quay is said to favor San Francisco. Editor Charles Emory Smith will be on hand with astroug delegation urging the cluims of Philadelphia. The Maryland republicans, headed by the veteran Felix Agnus of the Baltimore American, are quietly at work for Baltimore. There wiil be an unusual pressure exerted by Secretary Foster ana the Ohio contingent ‘in favor of Cincinnati, and a_sprinkling of Miunesota statesmen, headed by Editor “(iil" Plerce, will make n stand for Minneapolis, with a prospect of being hoodooed in due season by St. Paul NERASKA LAND DECISIONS. ®orislca laud cases were today decided by the assistant secretary of the intorior as fol- lows: Join G. Bunton vs John Kriegl, tim. ber culture entry for the southeast quarter of section #2, township 33, range 27, Chadron, Neb., district, decision of the commissioner, dismissing tue contest, affirmed. Charles M. Hughes vs tClayton Stoncbaugh, for the southwest quarier of northeast quarter, the northwest guarter, southeast quarter and cast half, southwest qua section 24, ship 7, worth range 25 west, North ; decision velow dismissiug contest, af- William E. Hall vs Charles Laue, culture eutry for northeast quarter ige 47, Chadron, con- Platt st dismissed ; judgment below aftirmed. E. . Coon vs W. ¥, Sinmons, cash entry for lots 4 and 4 and southeast quarter of north- town 114 north, range 66 west, Huron, 8. D., decision below, can- celling the contest, affirmed. MISCELLANEOUS Drs. J. V. Beghtol and Cbarles £, Elder were today appointed members of the pension voard ut Wilber, Neb, J.J. Beedo was appointed postmaster at Esther, Dawes county, Neb., vice I, Steens, resigned. Also the following in lowa: At Dunreath, Marion county. O. M. Pomeroy, vice E. Btevefs, At Thor, Hum- boldt county, 0.’ T 2 O, W, Wilkinson, Tesigned Mrs. M. E. Bean of Omana, Nutional The foilowing Towa physicians registerod today at the headqunrters of thu Aweri is av the dical ussc now in sersion he Drs, dumes L of Willlams; D, W. { Watertown ; Wiltiam H. ' Davis, Maquoketa N. Piorco, Cedar Falls William H. Wiltiams, Wall s Cleorge H. K. Skinner, Cedar Rapids Prniy S, Hearin - - D Queen Iee: WASHINGIC 5.--The customs col- t New Yor stoms de, lector the on tas been authorized by ment to order the release the expected arrival there of a shipment of Italian queen bees sent through the mails from italy 10 a citizen of Towa upon payment of & fine equai to the duty due thcreon. Thiese bees ire liable 10 4 duty a1 20 per cont ad valorem.