Omaha Daily Bee Newspaper, May 8, 1891, Page 1

TWE JURORS WHO WILL THINK. They Are Not Wanted for the Eheedy Murder Trial. OTHERS ARE RATHER HARD TO FIND, No Prospects of Securing a Jury This Week—Errors in th —Other State News, e Law Lixcory, Neb., May 7.—|Special Telogram to Tur Ber.| —The fourth day of the Sheedy murder case has been a repetition of the other days-—-the examination of jurors as to their competency, The few men left on the first pauel of 150 jurors confessed to having dallied with tho evidenco or the alloged con fesc’on of Monday MeFarland. This had established in their minds an opinion which would require considerable evidenco to re- move, and ticy were accordingly challenged and let out. weam. [ollowing the exhaustion of the first special panel the clerk began calling the of those citizens who had been summoned on the second pancl. Thereupon Strode jumped out and entercd a longthy protest against the manner in which the venire had been drawn, He insisted v the county commissioners had not chosen the veniremen in the proportion established by in that 8 larger number were drawn from some pi cincts and a less number from others than provided by tie statute. e also objected to the second special panels because the mem bers had been summoned by registered le ter. Both objections were overruled and exceptions noted. At this point Judgoe Field remarked, as there wes slight prospect of completing tue jury panel Suturday morniog, that all witnesses summoned to appear av bar would be excused from further attendance until that time, The dor and rugged honesty of a man naried Taylor brought to the stand admiration. He stated that e had formed a decided opinion, the result of reading the newspapers and canvassing the crime with neighbors, “Could you,"” asked Mr, Hall, who was ex- amining him, “notwithstanding the opinion render an impartial verdict, ufter hearing the verdict 1 might. **Are you not sure!”’ “Ican’t say. At present 1 believo both defendants guilty and it would require evi dence to convince me to the contrary.” Mrs. Sheady whose bearing had been of the confident ordor, dropped her eyes and a shade fannoyance passed over her face. The wit- 'ss was excused, At3 o'clock this after- bon the defense had exercised fourteen and iho defense seven peremptory challenges. "he delny in getting a satisfactory jury is Whargely dueto the tangled condition of the i, ‘existing law. Several sections thought to Jave been repealed by the last legislature are belng found to have been overlooked and therefore are in fo The compiled stat- utes of Nebraska 1881 was revised in 1885 and when so revised contained the amend- ments made in 1882, 1583 and 1855, In the revision of 1855 is found section 405, page 838, The statutes of the state were again compiled by Hrown & Wheeler in 1880 and that compilution on pago 951 coutains section 609 L. Now both of these sections provide for causes of challenge to jurors. On the first day of the examination of jurors in the Sneedv murder case Judge Fir d was governed by sectlon 067 L in the revision of 1889, which by the mistake of the compilers omitted section 468 of tho revisisn of 1835, although in for Judge Field on the evening ¢ the first day discovered this omission and finding both sections in force, on the second day excused four jurors selocted on the first duy, who he found, on examination of their evidence, had foundad their opintons on reading reports of testimony taken at the coroner's inquiry and wn the preliminary examination. It seems gt section 060 I, does not diminish tho on of challenge of jurors, but enlarges them, therefore it follows that many jurors who could qualify under either scction can- not qualify when all the causes are inquired of under both sections, Hence the necessity 1o call into the jury panel so many jurors. names, before claims Lincoln Odds and Ends. N, Neb., May 7.—[Svecial to Tue ~~The case against . W, Hutchinson has been continued uatil Monday morning, to await the result of the injuries inflicted on Mis. Greene, Young und Goodmwan, arrested Tuesday on Aho churge of stealing somo money from W P. Newell of Seward, were discharged last \ evening, Newell not showing up. Ofticer Allen brought in a young man last night who imagined that ho was a lord of high deg: in fact proclaimed himself as the heir-apparent to the English throne. Captain Otto was a littlo suspicious of the truth of his story aud marked him down as Jobn Doe, a character well known in volice history. T'his morning he acknowledged him- self 1o be an impostor, and as Robert. Aswell was glven a dollar and costs, which he Will board out. The damage case of tho Misses Blair against the city was given to the jury this morning. Thé next case taken up in law court was that of William Watt vs Patrick Dore, an action to recover & commission for acting as agent of defendant. The Bush & Hagerman canal company has filed articles of incorporation, The objoct of the association is to construct and maintain canals and ditches for irrigating and water power purposes, The capital stock is $20,000. ‘The National Fratermity Buildin assocation of Butte, Mont., exprosses a will- fnguess to comply with the laws of Nevraska and has filed its dvticles of incorporation with tho sevrotary of state. The Dundy county irrigation company of Benkelman, Dundy county, has filed articles of invorporation, The capital stocis is &,000. and Loan Will Remain a Dry Town Dakora Ciry, Neb., May 7.—|Specal Telo- eram to Tur Bee. | —Dakota City has had no ealoon for over twelvo years, but yesterday there camo nearer beiug a lincense granted than for a long time. James Willis had ap- plied for a license and, with the requived number of signers, submitted his petition to the town board. A remonstrance was also filed against the saloon. John 1. Spencer, in behalf of the objectors, agreed to introduce evidence against the applicant showing that he had violated the law during the past year and was therefore not eutitled to a license according to the law. The board beard a couple of witnosses and then granted the license. Mr. Spencer took an appeal to tho district court and on acconut of this appeal the village clerk refused to issue the license, ‘Willis then demanded either the license or his money which he had paid_ for the license, and upon being refused the former took the latter, which was returned to himw. Dakota City will go dry another year, Street Railway Sol Laxcory, Neb, May gram to Tur Brr |- The railwa iich connect his citv, hus been pun strect railway comp take possession in_ab rapid transit line has proved o losing invest mwent for Mr. Jobn Fitzgerald and be has been sinking about & 000 per mouth in it. Spacial apid trausit streot Wost Lincoln with ascd by the Liucoln The latter wil: 2t thirty days. Tho Polk County € rops. Srromsuuna, Neb, May 7.--[Special to o Tuk Brr.|-Crop prospects werenover better in Polkcounty. Corn is about all planted aud all small grain is growing ulcely. Bought a Paper. Yonx, Neb, May 7.—(Special Telegram $0 Tux Bxs.]-~A balf iuterest u the weekly THE OMAHA 1IETH YEAR. Tndependent, an alliance paper, was sold to- day to Representative J. M. Gunnott, who will hereafter it the plow rest and devote his time to pushing fabers. Found a Dead Man, Neb,, May 7.—[Special Telegram Atelegram received yesterday ug by Coroner Chapman announced the finding of a dead body in Lincoln creck, nine wiles northwest of Aurora. This morning the coroner, accompauied by County Attor ney Whitmore, Coroner's Physician W. . Gooden and Constable Gebhart, proceeded 1o the place for the parpose of holding an in quest. An examination of the body showed it to be that of Gust Norden, a Swede, aged cighteen, who disappeared on the night of February 7. The body was in a good state of | ation and an examination by Dr. Gooden revealed marks of violence about the hend and the neck was broken Young Norden left his brother's house on the evening of February 7, and proceeded to 4 neightors where he and three others re. mained playing cards and drinking until 2 o'clock in the morning, when he started tor home, A severe snow storun came up a few minutes after he left the house and it was supposed he had got and dicd in the storm. Searching parties have sioce been scouring the neighborhood, but no trace of him was found until the accidental discovery of the body yesterday. The verdict of tho coroner’s jury was that he come to his death from causes unknown. As the circumstances are somewhat suspicious an investigation will probably e made. AURORA to Tur Bee ov Stephenson on T 150N, Nob,, May 7.—{Special Telegram Tue Bee|-~The trial of Charles T. cnson who caused the death of a girl at ‘ior two years ago by giving her poison for calomel, was taken up in court today, A jury was secured and the lines of prosecuticn and defense stated. The defense is that the dead girl, Carrie Easty, wits pregnant and her death’ was caused by uttempting an abortion instead of from poison, and if & mistake in filling the pre- scription occurred it was neither careless, heedless or felonious [ Ste Sup in misty Paying the Grxkva, Neb,, May Telegram to Tite Bee, | —The members of company G, Nebraska National Guards all wore broad smiles this morning. Colonel Hotehkiss was hero yesterday for inspection accompani by the paymaster and the boys drew $14.41 ench for their services during the Indian campuaign. About 6 o'clock this evening the Geneva irou and wind mill fuctory was discovered on five but by good work by the fire companies its building and contents were saved. District Convention, Neisox, Neb., May 7. —[Special Telogram to e Ber.] —The district convention of the Woman’s Christian Temperance union was held here yesterday and today. There wasa good attendance from abroad and some fine addresses were mado by Mrs, Jennie L. Ful- ton, county president, and Mrs. Putnam, dis- trict president. Rev. C. M. Shephard of Su- verior gave an illustrated temperance lecture this evening. Talk About a Branch Line. Newnaska Crry, Neb, May 7.—[Special Telegram to Tk Brk.|—Vice Presiderit § H. H. Clark of the Missouri Pacific has noti- fied Hon. Paul Schminke of this city that he would be pleased to meet Mr. Schminke and a committee in Omaha next week in refer- ence to building the branch road from Ne- oraska city to Talmage. General Van Wyck has voluuteered to accompany the party. tions Overruled. Neb., May 7.—[Special Tele- gram to ' .| —At a special meeting of the city council Editor Felber's ovjections to the issuance of a licenco to Garver & Car- mack wera overruled. Folber immediately filed an appeal and the saloon will be closed until the November term of court. Some fine legal points are involved and it will be made @ test case. ket. [Special Telegram to Tur ho fivst term of the district court for Hooker county was held here today with Judge E. M. Coftin on the bench. There were ouly two cases on the docket and were soon disposed of. The judge and bar then speut tne day in having a good social time, Ascension Day Services, You, Neb., May 7.—[Special Telegram to Tuk Ber,]—The Koight Templars held ap- propriate services at the Episcopal churcn this_afternoon, after which thirty mounted knights rode to the cemetery and " decorated the grave of their C. Kingsley, who was interred Su Sutton Musical Talent. Surtox, Neb., May 7.—[Special Telogram to Tuk: Bee,|—Tonight occurrod the first of a series of concerts that take inall the musi- cal talent of Sutton. The idea originated with Mrs. Mattie Mey taking her fine class in music. A4 BUNAWAY C Narrow Escape of a Passenger Train from a Terrible Wreck. Deapwoon, S. D., May 7.—|Special Tele- gram to Tur Bre.|—At 940 o'clock this morning a B & M. box car which got out of the yards at Pluma station, traveled down the steep grade toward this city gathering speed as it woved, until ranning at the rato of fifty miles an hour it crashed into an en- gine of the Deadwood Contral passenger train, which was just rounding a curve. The engineer, Charles Battenschlage, reversed s engine and jumped just in time to escape. In the erash he was struck in the back by flying timber. Mr. Buttenschlage, as soon as the collision was over, sprang again to bis engine, and while ~\'u|xlexl by escaving steam applied the air brakes and brought tho train, which was already moving rapidly down the steep grade to a stop. His prampt and brave action probubly saved the lives of half a dozen of the many vassengors with which the train was crowded ale, [Special Telegram Today William Glasgow of Hull, Englaud, sold to the New York land and irvigation company, through its ropre- seutatives, C. W. Bareinger aud A. W. Wil- marth, 85,000 acres of land 1u the James river Fvnli-y. This is tue largest land salo ever made in this part of the nortbwest by privato individuals. The company now has over a hundred thousand acres of land in this lo. cality and is arranging to irrigate all of it by artesian wells. Practical {rrigationalists from Colorado wili arrive in a fow days to superintend the siuking of wells and p tho land iuto shape for ivrigating. w Drapwoon, gram to Tuw of trade was org tion of A. W. (! Dig Lan Henoy, 8. D, May 7. to Tuk Brr. Have n N D., May Bep, )T w Hotel pecial Tele Deadwood board ed la: by the elec- o for prosident; R H. Dri coll, secretur; 1A R F. Dawson corre- sponding secratary. The most important present work beforo the organization is the eucouragement of & hotel project and work toward securing one suiabie to the needs of the city is to be hagun at once, ———— A Vine Constraction, Citeaao, N T Thoe recent decision of departwent requiring the re stamping of ull imported goods with thename of the city and country from which they came is being sirictly constructed by Collec- tor Clark aud is causing importers much trouble. This worniug he refused to deliver eighty cases of Havana cigars. They we stamped “Flor de Cuba,” but it was held to bo the name of tho ciwurs and not of the brauds, so tucy will huve to be sent back unless the treasury authorities see fit to re- lease them. A case of iwported rifles marked “‘London" is beld becausé the word “Eng- laud” does uet appear, nigh HA. FRIDAY OMA "MORNING, MAY 8, 1891. DAILY BEE. = NUMBER 319, GOULD CREATES A SURPRISE. Traffic Manager Leeds of the Mis:ouri Pa- cific Discharged. VIOLATED THE TRAFFIC ~AGREEMENT. He Pleads Guilty to Being Alone Re- sponsitle for the Missouri Pacific sugar Tariff Cut—Rall Notes. New York, May 7.t was a somewhat led looking lot of railroad presidents that filed out of room 22 of the Windsor hotel this evening, where the meeting of the advisory d of the Western Traftic association came toan end. They looked iike men who nad passed through a crisis, Bach, however, stoutly reasserted his allegiance to peace and harmony—with capital letters —and undyng devotion to the cause of the association, The meeting was not without result. In the fitst place, a solid working quorum was se- cured and that is a good deal in the light of the heartburnings that followed the famous Chicago failure, More significant and in a manner picturesque was Mr. Gould's vepudi- ation of the Missouri Pacific sugar tariff, with an incidental offer to resign the presi- dency of that road if any charges could be made and proven against himself. General Traffic Manager Leeds was found guilty, and starts for St. Louis tonight to tuen over the control of his department to S H. H. Clark, the manager of the Missouri Pacific. What will be done with Mr. Leeds or who will be his successor it is yet too early to fortell. As important almost as tho disciplining of the Missouri Pacific were the terms of a resolution adopted by the board. They were: 1. That the life of the associa- tion be extended for a fixed term, say until January 1, 1806; 2. That the commissioner of the association prepare a plan for the re- establishment of joint agencies; 4. That the commissioners report on the advisability of the division by percentages of competitive tonnage. When Mr. Leeas was called before the board yesterday morning he swas allowed to file the 150 paged of typewritcen explanation that he had started to read the day before The statement was too historical, it was said, and possibly too directly aimea at some others of the roads represented, to be profit- able reading for the board. Mr. Leeds made a verbal explanation, how- ever, and then retired from the room. The board found tim guilty of violation of the agrecment of January 9, announcing the ver- dict just _beforé 'the mnoon rec This left Mr. Gould only one course the agreement distinctly provides for the dismissal of any oficer guilty of violating its provisions. After a short interview with his superior, Leeds said he would start west immediately and would turn over his oftice to the manager of the road. He knew of no other provisions that had been made for him, he said, and especially donied that there had been any arrangement by which be should }m‘nu‘w general trafic manager of the Union Pacific, “Ido not admit the justice of my sen- tence,” said Mr. Leeds. “I issued the sugar tariff on my own responsibility, for reasons that secmed to me to jusu{y that course. The board does not admit_the presentation of these reasons and so 1am found guilty. 1did not make that tariff to get sugar, and, in fact, did not get it. That tariff is still in_effect, and yel much more than half of the sugar tonuage goes over other lines that are supposed to have lived up to the agreement.” In the course of his talk, Mr. Leeds said thut his object in_cutting rates was not to get sugar, but to bring_out something else. What that sometning else was he would not say, but they think it was to zet up an in- vestigation of rates ou the Missouri Pacitic that would bring to light the fact that other roads in the association were cutting rates also. Having thus steered clear of the rock that threatened to split it permanently, the board turned its attention to other matters, Most of the revolutions previously reported w0 be slated for consideration ‘were takon up, though that of assailing the “long and short haul'’ clause of the wterstate commerce act was left to the action of the Trunk Line as- sociation. The following resolution was unanimously passed : “It1s the 'senso of this board that the life of the Western Traflic association ought to be extended for a fixed period, say until Jan- uary 1, 1806, in order that reforms and econ omies may e established which cannot now be carried into effect owing to the uncertain- ties attending the existence of the associa- “That the commissioners be directed to prepare a plan by which so far as possible in- dependent agencies may be abolished and joint agencies established, to lessen the ex- peuse in the competitive business of members of the association, ‘“That commissioners be selected to look into the matter of division by percentages of competitive tonnage arising at such joint agencies and the routing thereof, and to sub- mit a report together with the plan referred to in the previous section to each member of the assoclation. That without binding any member of the association to the adoption of the report of the commissioners it shall be solely for the purpose of <aving time. When the reports of the commissioners shall have been re- ceived by the members of the associa- tion they shall be submitted without delay to the vrespective board of director: with the object of ascertaining if it be adv’ able to enter into such plans and agreements as are contemplated in the foregoing resolu- tion.” The general impression at the close of the meeting regarding Mr. Leeds’ future in rail- voad circles was that he was offeved some po- sition by Mr. Gould equaily as good as that of freight trafMic manager of the Missouri Pacific. It was quite evident that Mr. uld did not anticipate early in the meet- ing any sueh decision of the board rogarding the Leeds case. “The resolution adopted by the board is vir- tually the first year's plan drawu up by Mr. Gould and Colonel John McCook and pre- sented to the railroad men at the meeting at which the association was organizeq, but re- jected for the one-year plan. At the close of the aay's meeting (which adjourned sine die) all the members of the board expressed the opinion that the resolution ns adopted would be accepted by the various roads and that the pian of estab lishing joint agencios would be suceessfully carried ont, Mr. Gould said that he considered the adoption of a plan of a five year existence aud the consideration of “forming joint acencies the two most important things the boierd hae dooe since its formation. He said was very well satisfied with the work dono by the board at this meetinz. 1t was proof of great interest 1 all concerned Sidney Dillon said that the lion and the lanib had laid down together. He had never attended a meeting that ended with such uranimity of satisfaction on the part of all present as this one. Mr. Dillon, however, neglected to say 10 what spirit the weeting veferred to began, 1t was what many were anxious to find out, but none succeded in domng so, Russell Sage went away smilivg and appar ently satisfied with tho outcome of the eon fercnce. He was well pleased with what had been done. OPENED THEIR EXES, The Wizard Makes a Statement Before the Presidents, EW Yonk, May 7.-=The Sun, in its story of yesterday’s meeting of the Western Traf- ficassociation, says: Mr Gould astonished those present by saying soon after the meet- ing opened: I have not come here to up- hold any violations of the rules or to defend rate cuttiog, There seews to be no doubt that Mr, Leeds cut rates, ceuteary to the rules of the association.. Whether he had sufficient provocation forthaact it remains for you to decide, afte hearing his state- ment, as I presume you W!ll be wiiliug to do. 1 believe that the ouly Way toplace the as- sociation on a sure basis is ta abide by the letter of it and to deal with oficers accord- ing to the rules. 1 havenobody to protect that 18 connected with the Missouri Pacific— not even myself. If any man has any oharges to make against me, let him prefer them, and if they ure proven 1 will protect the agree- mont by resigning from the presidency of the rond.” I'his unusual speech from so quiet a man as Mr. Gould was received with applause, and, if anything, strengthened the fecting that all offenders should be guillotined, whether of high or low degree, Certainly Mr. Leeds' chances were not improved any. It was de- cided to postpoue the Loeds case until the latter part of the session, byt they had hardly begun to vote upon the matters that were taken up before it became evident that the Leeds offense must be disposed of at the start or nothing furth® of importance would be accomplished. Wfkuown to Mr. Gould, a quiet understauding, as if by a © aucus had been reached among a majority of the board that every vole should be blocked until the penalty had been meted out to the opeuly offendiug road or the oficer who hud been guilt So the only thing that passed was that four of the six™ commissioners should have the an-rm convene a hearing on any subject offered to them instead of a full board being required, as at present. But the meeting so called shall @preserve a ver- batim report of the proceedings and the same shall be passed upon by the full board before becoming effective. The whole morning session was wasted in attempted amendment of rules and finally some ono in exasporation said: “Let's hear Leeds' story and get it out of the way. S0 a bailiff was seat to look up Leeds. A few minu before he was lounging avout the sofas inthe corridors with alot of manuscript in his hand waiting nervously to be called. But when he was wanted he could not pe found hieh or , and the meeting had to take up something else, Mr. Leeds turned up later in the afternoon and he treated the magnates to nearly au hour's talk. He had not half finished when it was decided to con- tinue the narrative this merning. Mr. Leeds made serious charges of rate-cutting, it is said, against the Buriingten and Rock Island, but the cases autedated tho organization of the Western Traffic association. He prom- isea to furnish \omelhh)ft sensationul today that fully justified his actio ‘Will Mr, Leeds have to got was asked of several of the presidents last evening. They remained close-mouthed and wero probably more 50 because they were nonplussed as to what course they would pursue against Mr. Gould than because there was any doubt in theiv minds about the justice of his dis- charge. Surprised at Chipago. Cuicaco, May 7.—Not a litta surprise was manifested iu railroad vircles today by the announcement from New York that Presi- dent Gould had actually discharged General Trafic Manager Leeds of the Missour: Pa- cific for violation of the president's agree- ment in reducing the rate, on sugar. The impression had prevailed for several days that Gould would manage to smooth over and by some trick would get out of the difi- culty without incurring any pemalty or being put to the necessity of disadiplidng any em- ploye. One traffic ofticial ‘sajd.this evening: “The result shows that @ould was in earnest in his expressed desive to maintain narmonfous relations with /his, competitors. He evidentiy has more plams, the carrying out of which depends. ngon & eontinuation of the agreement. After hevhss. spun his web and got the other roads whevesthey can't do any harm to his interésts L'l wager that he won't be at any pains .to presegve poace. Leeds’ so-called defense was in my opinion a blind, for he practically admitted that he alone was to blame and, miade 1o great offer to justify his action. 1 think it was a pre- arranged scheme to give (Gould the opportu- nity of dhchnrgl‘g him, and so making the great point with the otter presidents, whose distrust of “him had receptly become so ap- parent. Leeds will be taken care of.” Other railroad men take ‘a more generous view of the matter, although it is hard to find any who do not believe that Leed's salary will go on just the same after he has left ihe Missouri Pacific. The report that he will be given a position on the Union Pacific is not credited st all, because tho ugreement provides that when an employe is discharged for a violation of the agreement, he shall not be employed by any company in the association. It is believed ~ that Gould’s action will have a good effect in restoring a measure of confidence in the Western Traffic association and perhaps in leading to the adoption cf a stronger and better agreement. Another Long Istand Rhode. New Yonk, May 7.—Austin Corbin’s long- planned railroad 15 to have a compettor. The New York, Brooklyn & Long Island ruilroad company has filed its corporation papers under the general railroad act at Al- bany. It is said the capital stock of #1,000,- 000 has been put up by a syndicate. That some railroad scheme in connection with Long Island bas been in contemplation by the Vanderbilts has been an open secret for some time. It was believed that they were after the Long Tsland railroad stock that was re- cently sold by Corbin's old. friends and his partiers, Maxwell & Grav But the stock became the property of Charles Pratt, the Standard ol magnate who died so suddenly in his office on Monday evening. The Van- derbilt people annonnced at the time that they were not bidders for the stock and did not' want any interest in the Long Island railroad and wouldn't take the road if it was offered to them on a silver salyer, Chauncey M. Depew said the New York Central had no use whatever for the Long Island road, as it secured all the busiuess 1o give the Cen- tral by reason of natural corditions. Tune organization of the new company, however, shows that there was a deeper reason for not securiug the old voad than any that was men- liliul'\l at the time the block of stock was for sale. The recent transfer of the Union and Long Island ferry companies to the Collins people has au intimate relation to the new railroad scheme. - The Union ferry company controls the Fulton street, Wall street, Catharine and South ferries, and the Longlsland ferry con- Is the James streat and Thirty-fourth street ferries, These ferries will be impol tant adjuncts or feeders to any road on the island, and it is proposed to counect them very closely with the new one to be built. The proposed route of the new road has been carefully studied and peactically decid- ed on, though the full sw is still to be made. But little can-be learned as to the route further than that it will saddle the Loug Island road 2 all im) ut points on both the north ana soutdshores. It will male close counections witk the Brooklyn elevated roads, thus catehing all the ferries besides those mentioned angd that bridge. It is not impossible that the uew road will ultimately have a direct counection with the Central by way of the preposed East river tunnel or oue of the new proposed bridges. Failuve of the Boycott, Cuicaco, May 7.—A little uneasiness is ap- parent among the officials of some of the east- ern roads on account of the, complacent man- ner in which the Chicago & Alton takes its punishment. The management of the Alton road still contends that the boycott is not in- terfering with its business, and so long as the present condition of things continues the conservative policy of the road will not be departed from. It Is iduimated that several of the castern roads are quietly accepting its tickets and carefully epucealing the fact from the board of rulings, It s certain that the Alton people take a more roseate view of the situstion than anybody clse just now and are showing* profits of increased passenger business, §ot only in the crowded condition of their trains, BAC in Their state- ments of their ings, According to the statements the inergase in passeuger earn- ings as compared with the cerresponding period last year averages about 8300 per day. A COMING CONFERENCE, Itis now stated that the committee ap- [CONTINUED ON BECOND PAGE.] WILL CATCH HER IF POSSIBLE, Plans of the Federal Government Regard- ing the Etata. HAVE WE A CRUISER FAST ENOUGH? The Recapture of the Rebel Ship Will Bring Up Important Questions of an International Characte Wasmixaroy, May ,7.--Attorney General Miller this afternoon made public the sub stance of the correspondence that has passed between the officials here and the authorities at Wilmington and San Diego, Cal,, relating to tho insurgent vessel Etata and the schooner Robert and Minnie. He refused to give out for publication the full text of th correspondence. The information given by the attorney | agrees substantially with that received in the press dis- patches from those two poiuts, The representations upon which orders were originally given to the collector of customs at Wilmington and subsequently to the United States marshal at Wilmington and San Diego to delay the Robert and Minnie were made to Secretary Foster and the attor- ney general by the Chilian minister, were to the effect that he had information that the neutrality laws were being violated The telegrams received by the attorns general indicated that the steamer Etata, 0s- caping from San Diego with the deputy mar- shal on board, had sent him ashore ata point on the coast about eight miles below the The Etata is a Chilian msurgent vessel of iron build. She car four caunon and 100 men. The telegrams mentioned a proba- bility that the Robert and Minnie would go to San Clements island, there to transfer her arms and ammunition to the Etata, The attorney general refused to indicate what further steps he had taken in the mat- ter since the escape of the two vessels or to discuss the probability of any international complications arisitg n connection with the matter. The attorney general had several conversations on the subject with the secre- tary of the navy during the day and this gave color to the story that efforts were to be made to recapture the Etata, “an you take the vessel on the high seas without violation of law " a reporter asked Secretary Tracy. “Yes, sir," replicd the socretary, emphati- cally. *Will you do it,” asked the reporter. 1 have o answer to_make to that,” plied the secretary. “‘You cun’t skiu a have before you catch him.” This seoms to summarize the present situ- ation, The Etata will be captured if possi- ble, but she has a large start of any pursuer. Provably the new cruiser Charleston 13 the only naval vessel in these waters that would be able to cope with the audacious and well armed Etata. But the Charleston is at San Francisco. A day would be required to coal her and then she would start from a point several hundred _miles uorth of the place that the Etata left, so that pr tically the Chilian vessol has at least three days’” start of her pursuer, The navy de- partment officials will not say whether or not the Charleston is to go in chase, but it is known that they have been cauvassing the nossibilities. The capture of the Etata raises important uestions of an international character. The labama cluims, which cost the British gov- ernment §20,000,000, arose in a_similar man- ner through the equipment of a confederate vessel in an English port and the supplying of men, guns and ammnunition to Re by British vessels. As the Etata has been seized by the United States at San Diezo she was technically United States property until discharged, and is therefore liable to recapture on the high seas by a United States man-of-war or to confiscation if she ever enters a United States port. So fara is known there isno charge of conspiracy against either the Etata or the Robert and Minnie. They are chargea with violation of the neutrality laws, which forbid the fitting out in the United States of vessels for war upon @ country with which the United States Is at peace. Incidentally the ‘epal determination of the force in charge involves the question as to whether the Chilian - surgents are to bo recoguized by the United States (as they bave been by (ireat Britain) as belligerents and to the settlement of this question the state departmoent officials are already applying themselves, Sax Fraxcisco, Cal, May 7..—From all circumstances surrounding the case the Etata is nothing more orlass than a privateer inthe servico of the Chilian rebels. Deputy Marshal Spaulding's story of the escape is us follows: “Nothing unusual occurred uutil Wednesday, when & boat containing First Mate Nelson, the surgeon with & medicine chest and two passengers came to us, As soon as the passengers landed from the boat they bad & short conversation with the captain. I was at that time in the dining room. Five minutes later I tound to my surprise that the steamer was under full head of steam and making for the occan. The captain came in o minute later and invited me to his cabin, and a second later he was joined by some of the passengers, They ex- hibited 1evolvers and askea me if I was armed. The captain, acting as spokesman, said: ‘Well, I have contraband goods on board, and this is life or death with me.) Then pointing his finger to his throat, he said: ‘See, this is what it means.’ I was so dumbfounded that I could not answer. He then called two of the Chilian crew who stood guard by the door, each armed He then told me rot to be alarmed, but that if T went out of the cabin during his absence he would not be responsi- ble for what would happen, telling me if 1 attempted to @ive @& Sign or jump overboard he would not be responsible for the result. About this time 1 noticed them lifting out of the hold four steel cannon, which they placed in position on the upper deck, after which they were loaded in 1y pres- ence. Roturning a few minutes later the captain said: ‘[ haue spoken to the pilot and instead of putting you off at Point Lomax, in one of our boats, we will get a boat from a pilot at the last point. He then led me out of tho cabin, fol- lowed by his companions, each taking their revolvers. Around on the deck were 100 Chiliaus, all armed to the teeth, each having a repeating rific and most of tnem dressed in uniform. The captain saucy laugh and said: ‘See, we have changed into & man of war’ I looked at the pilot and said: ‘Are you going to guide the ship out!’ The captaln spoke up and soid ‘No'—exhibiting a revolver ‘Thisis going to gulde it.” The pilot spoke up and said: ‘I guess1am in for it By this time we were near the entrance of the harbor and the captain gave orders to put over a ladderand also to the pilot to step down aud, escorting me to the ladder, said *You must excuse me for putting you to this annoyance. Then I was lowered” over the side and the Ktutw passed out of the bay, heading north, “Making inquiries from the boatmen 1 found that I was to be landed two miles from the town. 1 prote vigorously at being made a prisoner during the passage out of the harbor and leaving the ship while in the possession of the pov- ernment, but they paid no attention to my protest and kept me a prisoner until they arrived ut the point where th me oft.” ‘T will go directly to faiso would like to have you write ine th feel so disposed,’ said the captain, giuing his name ana address. They stated th the big war ship Esmerala accompanied the Etatu as far north as Cape St Lucas, and is awuiting the return of the latter ves sel between hiere and thers to Lake on provi- jons and coul. It was learned furthor that Captain Mauzenas is ouly emploved 1o navi- gate the sbip and the real commander is a native Chilian aud ho gave all orders " The Alta California has positive informa- tion that the United States steamer Charleston will sail for San Diego tomorrow in pursuit of the Chbilian ship Etata, BSecretary Iracy ro- re ifyou | and | telographed special orders today and the Charleston _left Maro island today and anchored off San Francisco instead of tak- ing her usual anchorage behind Goat island ouit of sight. Her ostensible purpose in com ing down is to go outside and try her guus. The officers and men have been ordered to be on board at 8 o'clock tomorrow morning. The United States man-of war Omaha arrived this morning from Asiatic station, Says She is Balmac BAN Fraxcisco, Cal, May 7.-The Ch icle states that it has information that gives ground for the statement that the steamer hovering around the entrance to San Diogo 18 the armed transport lmperial, now in posses fon of Balmaceda's party. She lett Val paraiso to intercept the Italia on ber return voyage to Iquique. The Imperial is very low, 200 tons, and is smd _to be capable of §team- ing sixteen miles an hour. Senor Casonova, former said yestorda ish monoy 15 the against our gove la's Vessel om Chilian mainstay of the insurger nment. The British want to obtain control of the nitrate deposits and President Balmaceda wishes: them to be worked for the benefit of the Chilian govern- ment,” Cruiser Charl SaN Frascisco, M cruiser Charleston camo down from Mare island navy yard and is now anchored in the bay off this city. 1 on Hand, The United States MINE F Meet Death Clarksburg, W. Va. Cranksnera, W. Va,, May 7.—This morn ing at the Ocean coal mines, two miles north west of this city, owned by William Black, a terrible explosion of gas occurred. Seven men had descenaed into the mine and about forty more were waiting to descead when tho catastrophe took place. A rescuing party started immediately after the explosion and three out of the seven men were gotten out alive. The following were instantly killed: JOSEPH FEATHERS, aged fifty, Con- nelisville, Pa. WILLIAM DOUGH five, Bridgeport. NATHAN GAINS, Clarksbur CHARLES WELSH, azed twenty-three, Clarksburg. Feathers' body was rocovered, but the others could not be reached. The mine took fire and is burning furiously. Had the ex- plosion occurred fifteen minutes later forty lives would have been sacrificed, KILLED IN A LOSION, Four Miners Near RTY, aged thirty- aged thirty-five, VRECK ON THE PANH An Express Messenger Killed Three Postal Olerks Injurec Corvsnvs, 0., May 7.—A disastrous wrock occurred on the Panbandle railroad four wiles west of Tennyson, O., at 11 o'clock this morning, being a collision between the limited mail No. 7 west and passenger No. 10 east. Daniel Longnecker of Columbus, bag- gagemaster on No. 10, was instantly killed. Longnecker was_literally crushed to death, dying almost instantly. Express Messengor Marvin was _ badly bruised and Postal Clerks C. D. Rogers, Samuel Crouch and —— Miller, all in the first car, were more or less injured internally as well as bruisea about, the body and limbs. i THE COLD SNAP. and It Has Never Been Equaled in Signal Service History. Wasmixotox, May 7.—The signal office special bulletin today says the cold weather prevailing over the country for the past three or four days has been of unusual sever- ity, extent aud duration, and has been gccom- panicd in somo sections by lower temper- aturos for the season and later frosts thun ever proviously recorded by the sicnal sor- vico. The temperature will probably rise slowly from this morning over thewhole country, and severe frosts are ot likely to again oceur this season. Severe Frost in Kentucky. Louisviire, Ky, May 7.—Reports from points throughout central and northern Ken- tucky show that last night's frost was much ctive than ‘Tuesday night's es and apples have been much dumaged, also early gardens. \Wheat and corn have veen somewhiat hurt Missouri Fruit Injured. S, Lovis, Mo, May 7.—Dispatches from many points of this state indicate that fruit and garden truck wero badly injured by the frost. Sleighing at Norfolk, Conn. Nowrovk, Conn,, May 7.—There is sleigh- ing here. BROKE THE RECORD, Close of the Sleep Fasting Contest in San Francisco. Sax Fraxcisco, Cal,, May 7.—The slecp fasting contest, which began a week ago with twenty entries, ended in C. Woodruff, the only contestant who remained awake, being forced by the management to retire this morning. He had been without sleep for 15 hours and 45 mioutes and when finally obliged to close his eves was pronounced by the physicians to be in aanzer of becoming a maniac, Itis now believed he will retain his reason. He broke the record of 140 hours and 20 minutes, which was made in Detroit. Woodruff received $00, and Juckson and Harris, who remained awake over ninety- hours §0 and $25, vespectively. Minister Swift's Remins Arvive, Sax Fraxeisco, Cal, May 7.--The steamer Belgic arrived this morning from China and Japan_bringing the remains of the late United States Minister Swift who died at Yokohama in March last, The remains of Minister Swift ceived by a committeo of citizens headed by tha mayor, Colonal Shafter, First infantry, U. S. A, and & number of officers and a_bat: tery of light artillery. The casket containing the remains was placed on a caisson and con- voyod to the mortary chapel of Trinity iurch, where they will lie in state until Sun- were ro At a meeting of citizens, which was held in Mayor Sanderson's office today, it was di cided that the funeral should take place at 2 o'clock next Sunday afternoon, the inter ment to be in the Masouic cemetery. 'The funeral will be conducied with imposing cercmonies. - Keystone Ba PintapeLring, May lished boyond a doubt that all the money which hus been taken irrogularly from the IKeystone bank is not embraced in the opera- tions of John €. Lu Transactions which bave occurred since his death have come to light that stronely tend to confirm the asser tion freely mado, “that when the money was gono they said just charge to the Lucus account,” It s opénly charged that in this k Muddle. It is now estab ! mannor large amounts of mouey were taken | and tracks of its Lucas' deticit disuppoarance buried in — tnsane Police Ofcer's Deed Cni May 7.--Omcer Hugh Burns, who lias boen on the poliso foreo & long time, has been acting strangely since the death of bis wife a fow weeks ago. This moraing ho went homo and without warning drew a re- volver and fatally shot Lis twelve-year-old duughtor. He was arrested and tonight is violently insane, He is a bLrother of State Reprosentative Burns, - - Bauk Reports Called For. Wasuinorox, May 7.--The comptroiler of the carrency bas issued call for reports of nationnl banks at the closo of busiuess Mone day, May 4 A0, T ——S UDGE NAXWELL'S OPINION. * iof Resume of a Most Extensive Legal Document, Y HE HOLDS BOYD TO BE A CITIZIN. turalization Acquired Throngh the Admission of Territories Into the Union Governor Thayer still Muking Appointments, Lixcors, Nob., Ma Special Telegran to Tue Ber, | —The dissenting opinion of Jus: tice Maxwell in the Thayer-Boyd contest would fill ulmost two pages of Tie Bre, The judge reviews at length the arguments presented on each side, and then, after weats ing on one or two minor points, he in briet exprosses bimsclf thus coucerniug the en- abling act The first section of the act admitting the state of Nevraska into the union read “Whereas, on the 21t day of March, 1884 cons gress pussed an act to enable the PEOPLE of Nebraska to form a constitution,” ete., “that the constitution and state government which the PEOPLE of Nebruska huve formed for themsclves be and the sumo is Lereby ade copted,” et Congross thus construed the us i sy manyin with the word llibituai twill be observed that the mitting Nebraska into the union contains provisions which ingly comprehensive govornnient iy dconfirmed, and Ve and I8 horeby fon upon an equal tos I ull respocts word “people™ 1, ratified footing with the orig whittsoover.” Lhave been unable to find such strong lan guage In oun act admitting any other state info the unfon, and the fanginee is much stronger thun {hat admitting tho stte o 1t 18 necossary now to tnquire how the orlgl- nal stutes were admitted into the union ho preamble to the constitution of the United Stutes declares that = We, 10k PEOPLE of the United States rder 10 promote more per do orditin and es- tablish this coustitution for the United States of Americn.” Whoever wus one of 3 elther of the: RYca tes when the constitution of the United wus adoptod, became 1 \—a member of the nation by its adoption On April 30, 1802, the inhabitants of the enst- ern division of the territory northwest of Ohio wero authorized to form” & government for themselyes, a constitution and state gov- ernment, The population cousisted partiy ot eltizens of the United Stutes and purtly of forelgners. The Inhabitants then, who were authorlzed to form a stato governnient for themselves, must have been ull the real in- hubitunts of the country, citizens or forelgn- s, and after the admission of the state into the union, must have equully participated n advantages, bocause it a party only entitled to'its benefit, all the inhabit ts had not formed a government for them- vos. Loufsiana was admitted into under the treaty of Parls, which that “the inhabitants shall be incorporated into the union of the United States and ud= mitted s soon a8 possible, according to the principles of the federal constitution, to the enjoyment ot all the rights, advantages an immunities of citizens of the United States.’ The gove it s right, by trouty, or by the iduils o w new state, 10 nnturals 1ze, und 8u on Is equal to th other. February 2, 1810, Spain ceded Plorida to the United States by' treaty. This treaty (s the Inw of theland, und aduilts the inhibitants of Florldu to the enjoywent of the priviloges, rights and fmmunities of the citizens of the Unitod Statos. The fourth section of the act of congress o April 14, 1802, secures to the Infant children of persons naturalized the benofit of thelr par- ent's naturalization, provided such children were at the time vinzin the Unfied States. 1t matters not whether tho naturalization be effected by act of congress, by troaty, or b the ndimisslon of new states. The provision e alike upplicable. Texas was admitted fnto the wnion on “an equul footing with the originul states in all respects whutever. 1€ will be observod the union stipuluted at the proceedings ad- mltting Texus into the unjon were somewhat siutlur, nlthough not as full, comprehensive and complete us the net ndmitting Nebraska, The position which hus been sometimes bronched that the citizens of Texas must submit to the laws of naturalization before they cun be 10 citizens of the United Statey is nreposterons. No such doctriné wus ever admitted or applied to the citlzens or iphabitants of Louisiana or Mlorida—countr] acquired by Y\Il'l'hnle. Much less 1s 1t _upplicable to the eitlzeus of & state which by voluntury treaty or lesislation becomes incorporated fito the United States And if the citizens of Taxas cannot be de. prived of their franchise us citizens of v nited States, neither can eitizens of Nes braska be stripped of their Innuunities and privileges pertiining to the eltizens of this writer hus spent considerable time in msideration of the present case and has examined every caso pro und con bearin upon the question, and is foreed to the bello that the defendunt is u cltizen, CAME RUMORS. Stories About Eenatorships Set Afloat at Lincoln. Lixcory, Neb., Mag 7.—[Special Telegram to Tae Bere. |—The latect reason assigned for Chief Justice Cobb's actions in helping oust Boyd is that he wants to be a United S senator and by helping Thayer in as gov- evnor he will secure this appointment. As is generally known, Secretary of War Proctor will probably step out of President Harrnson's cibinet soon and Senator Manders son of this state will be elevated to that posl- tion. This wili leave a vacaucy in the senate und as the legislature will not be in session at that time the governor will bave the power of appointing a successor to Manderson, Boyd woula doubtless have appointed & democrat, but Thayer and Cobb ruled it oth- erwise, It 1s declared that Thayer wantel the job of senator himself, but was afraid to resign in favor of ‘om Majors for fear the blue- shirted statesman would appoint somebody clse. Another Colonel Created oLy, Neb., May 7.—|Spocial Pelegram Tue Bee)—Governor Thayer has at- tempted to pour ol on the wounded soul of Swith Caldwell, the disappointed aspirant for the oil inspectorship, by appointing him aide-de-camp on his staff with the rank of colonel. Caldwell is anxiously inquirin whether this icludes the usual balf pay o retived ofticers. L to Bank Examiner Appointed. Lixcory, Neb,, May 7.—|Special ‘Telegram W. 8. Garber, late sccretary of the board of transportation, was chosen to- by the state banking board for the posi- tion of bank examiner to fill the newly made vacancy, Carnes for Oil Inspector. Lixcory, Neb., May 7.—(Special Telegram to Tue Bee.)--Edward C. Carnes was ap- pointod state ol inspector this afieruoon by Goveruor Thayer. = . THE THEK FORECAST, For Omaha and For Missouri and southarly For North Dal becoming nortk 3 Ior South Dakota and Nebraska erally fair, except showers Friday n ern portion; cooler by Eriday night; brcoming northwesterly For Kansas—Fair; slightly warmer, i'n'a{)l. cooler Friday night {u westéru portion ; south winds, For Colorado—Showers; slightly except stationary temperature in western portion; wost winds. e e - Big Dakota Farm Land Sale. Huxoy, 8. ., May 7.—Today wus consum- mated the largest «ingle private sale of - farm lanas ever made in South Dakota. Willlam Glasgow of Hull, England, sold 85,000 agres of lund in the Jim Kiver valley to the New York land and irrigation company of Huron, ‘Yo price pald is 50 large that Daukers des cline to publish it. . inity lowa Fair; warmer. Fair; warmer; ler; winds Qen- west- winds cooler, extremd