Omaha Daily Bee Newspaper, July 27, 1893, Page 1

¢ JUDGE DUNDY WILL DECIDE Argumenta for an Injunction Against the Maximum Rate Bill Submitted. SOON BE DECISION WiLL REACHED Gnlnxy of Rallway Stars in Court—Attorney | Greene Attacks the Constitutionality of the Bill-Attorney General Hastings Defends It. Judge Dundy has the Burlington's appli- cation for an injunction against the State Board of Transportation now under advise- ment, the case having been argued and sub- mitted Tuesdny afternoon. The argu- ments were heard in chambers. There were present Attorney General Hastings, Treasurer Bartley and Commissioner Hum- phrey of the state board, together with Sec retary W. I Dilworth, representing the de- fenso and its interests, while on the other side wore General Manager Holdrogo of the B. & M., General Manager George Harris of Chicago, general manager of the Chicago, Burlington & Quincy, C. J. Greene, T, M. Marquette, Hon. J. M. Woolworth and Cap- tain Ed Mucfin of Superior. As soon as the matter was taken up, Attorney General Hastings muved for a con’ tinuance, claiming that he had recoived notice of the proceedings only Monday night, and that as the maximum rato bill would not go inw effect until August 1, and the Board of Transportation dilnot contemplate immediate action along the line from whic the plaintiff scemed to anticipate trouble, there was no need for immediate action. Mr. Greene contended that if the board did not contemplate any immediate action the injunction might us well be granted now. fis 4t a subscquent time, ana tho issuance of the desired writ would have a certain moral b, he court sald he had heard very little nbout the case, as he had read but n small part of the bill filed by the defendunt. He thought the time tor the new law to go into effect was 80 near at hand that there was very little time for delay and concluded to hear what tho attorneys had to say about the grauting of the writ. Mr. Greene had the first inning. He out- lined the bill, setting forth the allegations and the grounds on which it was sought to secure the granting of the writ. The court called attention to the fact that the plaintiff did not allege that the defendant members of the state board were citizens of tho state. Mr. Greene thought the allegation that they were state oificials was sufticient, but the court reminded him that the state had a governor & short time ago whose citizenship was 1ot 8o clear as it might have been for quite a while and suggested that it was berter to- alle izenship and make sure. Mr, Greeno Reviews the Bl Tn reviewing the bill Mr. Greene held that the legislature could not compel a railroad to carry freight for less than cost, ns that virtuaily meaut confiscation of the property for public uscs. He also cnlarged on tho allegation that the maximum rate bill was unconstitutional because it made ex- emptious in the caso of the Rock Island, which runs through much of the same terri: tory as tho plintif's road, touching the same polnts, and the bill theraforo refused tho . same rights to all, contrary to the provisions of tho con: stitutions of the state and nation. Ho sub- mitted a table of rates, as charged in a num- ber of other states similarly situatod as Ne- braska, and charged that tho ro- duction called for was fully 30 per cent. He road from a report of the State Board of Transportation, made in 1891, holdiug that the rates then in effect wero perfectly just and rensonable, and could not be reduced without working a great injustice to the business intercsts of thestate. He dwelt on the severe penalties to be imposed fora violation of tho law, and sct forth tho injustico that would be worked against the farmers living along the line of the Rock Island, which road, he said, could chargo as much as 1t pleased, and no relief from tho extortion could bo obtained such as was offered by the bill to the other farmers of the state along other lines of railway. Hecharged that the law was an extremely vicious one, in that it discrimi- nuted botween the railroads and the rail- roads sought to be exempted, and also dis- criminated between the citizens living along the lines of the two scts of rouds, Mr, Marquette followed, and declared that the bill was in direct violdtion of the consti- tution of the state and the United States, as by its terms the cowpany would bo deprived of its rights in court, in mot being allowed to judicialiy' introduco evidence as to the rcasonableness of its rates. If1ts provisions were carried into effect it would result in a violation of the constitutiongl guaranty that no one should be deprived of life, liverty or property with- out duo process of iaw. Men now employed would have to be dismissed und the ranks of unemployed men seeking employment would be wonderfully swelled, while all the dis- asters would come that always follow a great wrong. Attorney General Hnstings' Reply. Attorney General Hastings, in benalf of the defendauts, insisted that there was no neca of an injunction to protect the interests of the plaintiff, as it had an ample romedy at law, and no wreparablo damage could be caused. Even if the board should go ahead and issue the order which the plaintiff alleged it was about to do, it had no wuy of enforcing that order. Touch- jng on the points raised by the at- torneys on the 6ther side, ho said that ~ tho luw was constitutional as it sed by the legislature under the sec- tion of the constitution expressly delegating that authority to the lawmaking body. The legislature had said that the rates pre- scribed were reasonuble, and if the plaintiff could show thatthey were not, the court had the power to raise them to any figure not eding what they were on the first of tho prescent year, but this was not the tribunal fore which that mattor should be heard, that belonged to the supreme court of the state. It was charged thatthe bill passed by the house was not the same as the one pusstd by the scnate, and that the one signed by the governor was not the same as either of the others. The uuthority governing the federnl courts was very clearly to the effect that the sigu tures of the speaker of the house, the presi- dent of the senato and the presio| dent of the United States, and the proper filiug with the scoretary of state of auy bill in congress made its authentication completo. He dia noi attempt to argue the constitutionality of the clause exempting other roads, as it wis clearly established that if a certain part was unconstitutional it could be thrown out without in any way int fering with tho body of the law. So far as the defendauts were concerned, they were perfectly willing to huve that clause thrown out, und make all the roads subject to the provisions of the bill. He "und that it was tacked on in the He ulso held that the plaintifis not deprived of their day in court, and if they made a showing that would se- cure an order from the supreme court re- quiring the board to restore a portion of the old rate and the board refused to comply they would prompily einch the members of the board for contempt und he would expect to suffer, Tukon Under Advisement. Mr. Marquette took amother short in- ning, and doclared that if it had not been for the exemption clause the bill would never have been passed, as the Short Line had friends In the senate who would never have voted for it unless that road had been excepted from the provisions of the Bill. Ho deuled that this clause could be sLruck out, as it affected some one, wlthough Ay did uot affect any one it wight have been struck out. He held that the bill would have to stand or full a8 a whole, and he was very much iu favor of its falling, Nunierous authorities were oited by euch ESTABLISHED JUNE 19, 1871, of the law ment the ¢ nsked each within a und; med ors, and after two hours of argu- so was submitted. The court side to send in its authorities day or two, und the case was take advisement. The Lincolnites left im- ately for home, WORLD'S FALR RATES, Western Roads Reach an Azresment on the Sualject at Last. Cnteaco, July 26 —Western ronds reached an agreement late this evoning on Worll's fair rates for the month of August. Whether or not the agreement will hold good for a longer period will depend on the amount of travel. Ata mooting this afternoon the fol- lowing was adopted: Commencing Augast 1, special World's fair tickets to Chicago d roturn may be sold from all points in the Western Passenger association at the rate of one regular standard one-way ticket for the round trip plus &; provided. how- ever, that the round-trip rate from Fast St. Louis to Chicago shall be £.50, and from St. Louis to Chicago £10. Tickots'at these rates to be good only for continuous golng passage, commencing on date of sale, and_continuous return passage with final limits of thirty days from date of sale, and to be/good on all trains and on all cars. The existing rates for regular World’s fair excursion tickets to Chicago 10 be continued for tickets hich have a return 1imit until November 15. The above basis of special round-trip rates must not be used in making trough round- trip rates beyond Chicago, but may be used by northwestern and wostern and south- western conuceting lines in the salo of through round trip tickets to Chicago only, providing that association lincs shall re- ceive in division of such through rates their properproportion thereof, divided on the usual basis, but not less than the regular standard ono-way fare, plus 50 cents, from the following terminals: St. Louis, Hanni- bal, Kansas City, St. Joseph, Atehison, Leavenworth, Omaha, Council Bluffs, Sioux City, St. Paul, Minneapolis, Duluth and the Superiors, Wihere Omaha Comes In, Existing special one-way excursion rates ench way may be reduced in consequence of the above 10 tho following fizures, to-wit: St. Louis, £.50;5 Kan- sas City, Atchison, Loavenworth Josoph, Omaha and Council Biuffs, §7.25; Sioux City, ; Denver, Pueblo and’ Colorade Springs, T from Omuha to Chit ago one way, .00, from Chicago 1o Omah, one way, §7.25, Iho round-trip rate between Colorado common points and the Missouri river to be £10.75. The round-trip rate botween Trini dad and the Missouri river to be §22.25 one-way rFato between the same points to bo £12. Single trip rates_between Utah com- mon points and the Missouri river to be used {n basing rates for through_coutinuous pussage tickets by assocition lines and to be tendered to_all conneeting lines us basiug rates, provided that they shall be the mini- mum’ proportions to be accepted from con- necting lines on single trip business iu cither divection during the time these tickets are on sale. Western passenger lines havo issued a boycott. ordered today, against the Tennes- ce Midland rond. They telegraphed that road notice that on a@k after tomorrow they would discontinue passeuger business relu- tions with it to the extent of refusing to honor its tickets over their lines or to sell any tickgts over the Midland. Au earnest appeal has been sent to the Chicago roads from the Texas Immigration ociation for weekly excursions to Texas from Chicago during the World's fair period, for which o one-fure rato for the round trip should be made. A similar appeal was made Iast spring, but the Chicago roads then de- clined because they said the brokers would use the low-rate tickets to demoralize the market. ‘They advised the Texas peoplo puss the anti-scalper law. Now they come and say they have passed the law and again ask the rate, —————— NEWS FOR THE ARMY. Leaves Granted and Changes in Posts Or= dered by the General Communding. WASHINGTON, July 26.—[Special Telegram to Tk Bre]—Leave of absence for two months, to take effect from the date of his re- lief from duty as Indiun agent, is granted Captain Goorge Le R. Brown, Eloventh in- fantry. Leave of absence for three months is eranted Colonel Henry C. Hodges, assistant quartermaster general. Captain Admison Barrett. military storekeeper, will, in_ addi- tion to his present dutics at the Jefferson- ville depot of the quartermaster's depart. ment, Indinna, take charge of the oftice and depot quartermaster during the absence of Colonel Henry C. Hodges, assistant quarter- master general on leave, Iixtension of leave of absence granted First Licutenant Garland N, W histlor, Fifth artille April 21, 1803, s still. further ex- tended six months. - Leave of absence granted Socond Lieuten- ant Thomas W. Winston, Iifth artillery May 18, 1803, 15 extended one month. Leave of ubsence for one month, with per- mission to apply foran extension of three months, is granted Lieutenant Colouel Jacob ant Joseph T. Clarke, as- sistant surgcon, will proceed from Camp Poplar River, Mont., upon the abandonment of that post, to Iort Omaha, Neb., and re- port in person to the commanding ofticer of the latter post for duty. NICARAGUAN AFFALRS, It May Aguln Become Necessary to Land United btates Marin, WasuiNGToN, July 26.—The situation of Minister Baker at Managua, Nicaragua, is beiug closely watched at the State depart- wment, It is not felt that he is in any great personal danger, and if he has made n formal protest to' the revolutionists, .us re- ported, neainst their disregard of the princi- ples of civilized warfare in firing upon a town without warning, and endangering the legation building, he "has probably done so with o view to making the matter one of ofticial record thay may hercafter be a sub- jeet of diplomatic’ negotiation. The United States steamer Alliwnce is now on her way from Corinto to Peru. 1f it should appear that Mr. Baker's person or the safety of the legation is in danger through the failure of tho Zavala government or of tho revolution- ists to afford protection and to jusure re. spectto oir flag, any emergency of that kind would douotless ‘be followed by the landing of United States marines on the coust for the second time during the present disturbances, and this timo they would prob- ably not be $o proxptly withdrawn as they wero on the other coust. Operations in Bering Sea, Wasiinaron, July 26, —The Navy depart. ment has roceived an account of operations of the Bering soa sq on up to the latter part of June from Captain Ludlow, who s in comwand of the squad- ron. o states that 3 vessels were boarded and inspected by British and American men-of-war. Of these, twenty-two were boarded by the Amorican fleet nnd the remaing by ships of the British squadron. The total number ot seal skins found en board these vesscls was 18,224, The catchies varied from as low as 200 ou some, to as high as L&D, The aver- age number, however, was between 500 und 60, Cholera in 1taly. Wasmixaron, July 206.—A cable dispateh was received today by Dr.Wyman from As- sistant Surgeon W. B. Brown of the Marine Hospital service, stationed at Genoa, Ttaly, as follow “Cholera prevailing in provioces of Cuneo and Alessia.” e Wurk o % smarty. Some smart young man and a large-sized firceracker succeeded in creating a greal deal of disturbance in the viciuity of Six- teenth nnd Farnam streets about 5 o'clock yesterday morniug. ‘The report was so loud that the oficers in that \'h'iuil{ thought that sowe burglars were trying thelr hund at sufo blowing, SHOT AN INDIAN SOLDIER High Eagle Was Flying Low Around Fruit Trees and Was Wingad. FILLED WITH LEAD BY A FARM HAND J. M. Viekory, an Employe at Porter Red- man's Orehard, Inflicts that May Prove Fatal of Indis Panishment Yatbreak Soldiers Anticipated, For the sake of purloining a fow apples High Eagle, an Indian soldior, may lose his life. About 2 o'clock yesterday afternoon J. H. Vickory, a farm hand, working on Porter Redman's farm, about one mile west of Fort Omaha, observed threo mon stealing apples from the orchard about eighty yards from the house. He hastened into the house, so- cured a double-barreled shotgun, and, creep- ing up on the men, fired at random in their divection. Soveral howls of pain an- swered the loud report of the gun, and the three men ran down 1o the woad known as Redman avenue. Thore they stopped and were reinforced by about ten or twelve more Indian soldiers. As soon as they discovered that High Kagle was badly wounded they hurried toward:Vickory, who was slowly retreating toward the house. The threatening aspect of the soldiors alarmod the mun so that he started for shelter and safety with all possiblo spoed. When he closed and locked the door the Indians wero ciose at his heels. Vickory was now thoroughly frightened, as the In- dians had circled around the house and were advancing as if to storm the placo. They gave vent to their rage with shouts and threatencd to destroy the houso unless Vickory came out, Several of the Indians had revolvers and were trying to effect an gntranco tirough the frout part of tho house. Vickory shoved fresh cartridges in his gun and checked their advance by pointing the weapon at them and declaring that if they advanced any further he would muke soveral jobs for the coroner, Timely Arriv of un Old Scout, Just about this time F. M. Hansen, a former government scout under General Miles during the Pine Ridge agency troubles, came along. He inquired into the trouble and counseled the Indians to get put of the yard und let Vickory alone. He told the red w ors that he would de- liver the man over to the authorities, eral of the Indiuns knew Hansen at thy Ridge agency and consulted with their com- rades. After much parleying they agroed to Hanseu's proposition, and he persuaded Vickory to put down his gun and come out. “The man did so, but no sooner had he come out than the excited soldicrs nade a rush for him. Hausen stepped between them and their intended victim, and with the persu- asive influence of a pair of revol made them retire. He then taok Vickory to the Sherman avenue car, and in company with Mr. Redman they went to the police station, where the prisoner was turned over to Captain Cormuck. The man was rather cool and said he didn't think he had seriously wounded any of the fruit thieves, as he shot low. He said these soldiers have been making frequent raids on the orchard and were taking a large portion of the crop. He determined to take harsh measures to put 4 stop to this petty thieving. and when he saw the mon in the orchard he decided to shoot at them. He did so, with decidedly disastrous results. Vickory was locked-up,charged with shoot- ing with intent to kill. Leis a tall, slender man, aboul years of age. He is siugle, and says he has been v orking for Redman for about three years. High Eagle Witl Die. After escaping from the orchard High Eagle told his compani he was badly hurt and sank to the ground in an exhausted condition. His companions carried him over to the hospital department at the fort aud the army surgeons made an examination. There were thirty-five wounds in his hips, back ard legs. About fifteen of the shot were extracted and it was_found that they were No. 4 buck shot. Seven of them had penetrated the buck into the lungs, and tho surgcon gave it us his opinion that the man could live but a short time, as he is suffering from _internal hemorrhage. The surgeon made®he soldier as easy as possible and left him under the care of an assistant. The In- dwns were much excited and they made many revengeful threats, IPéaring trouble, the oficers in command stationed o squad of white soldiers around Redman's pluce and had o small aetail on duty all last night. . Redman and ‘some friends armed them- selves and guarded the iuterior of the house ready to repel uny attack tho Indinns might make, but at miduight no attempt was made to revengo High Baglo, but if he should die it is quite likely there will be an outbreak. ‘the Indians are very bitter against the owner of the property” and the man who did the shooting. ‘The Indian soldiers claim that if it had been white soldiors who were stealing the apples no one would have been shot and nothing would have been said about the matt FIGHTING 100 A SALOONISTS, Fourteen Jolnts in Croston fo Be Closed Immediately. CrEsTON, Ia., July 2 [Special Telegram to Tue Bee]-The county attorney this morning commenced procedings by which injunctions are asked ngainst the keopers of saveral joints and the owners of the buildings in which they nre located. Four teen injunctions are asked forin all. This is but tho begiuning, as the county attorney intends to close all of them.. The injunctions will likely be granted. Appoluted the Delogatos, Des Moixes, July 20.—[Special Telegram to Tur Beg.]—Governor Boics is in receipt of u letter from Charlos Roed, sccrotary and general director of the pun-American Cou- gress associution, statiug thuta meoting of that organization will be held at Washiong- ton September 5, 6, 7 and 8 and urging that his excellency appoint as many delegates as he may sve fit. The letter states that all sanitary questions of interest to the public 1 general will be discussed at the meeting, which promises to work up an active iuter: est in the subject, In response to this letter the following gentlemon were commissionea by Governor Boles as delegates: Donald Macras, Coun- eil Bluffs 0. W. Holiday, Buriington ; Jhonnie McCowan, Davenport; B. H. Criley, Dallas Center; W.B. Kibben, Marshalliown : D, W Sonomse, G. L. Bagley and J. . Konnedy Des Mouies ; George Allen Stiples, Dubuqu W. C. Jones, Breda; L. B. Mattson, Elgin; Harriet M. Allen, Waterloo; F. W. Cram, Sheldon; James ' DoReynolds, Creston and R. C. Hoffman, Oskaloosa. West Uxion, Ia.. July 20.—Last spring traveling ugents for an eastern nursery com- pany had u great run on what, they repre- sented to bb a recent importation from Frauce, called the ‘wine plant.” The b uties of the new fruit were extolled to the sk ; it was represented to be exceedingly profitable, and highly colored lithographs of the vegetable were exhibited. Farmers bought largely and have cared for the new plant with especial tenderness. It now transpires tnat the wonderful *wine plant” is nothing more nor less thun ordinary pie- plant or rhubarb, lows Underwri.ers Orgaolze, Des Moixes, July 20.—([Special Telegram to T'ne Bee. | —The ageuts of the local pre- ‘ mium life iusurance companies have organ- OMAHA, THURSDAY MORNING, fzed the lowa Life Undérwriters associs tion with the following oficers: President Sydney A. Foster, Loyal Unjon Mutual; first vice president, Robert Fleming, Mutual Life of New York; second vieé presideny, W. A, Fina Life; socrctary, J. C. Squitable of trow Ramsey, Penn Mutual ; executive co C. A. Van Slycke, Mutual Benefit; W. A Dart, National of Vermont; L. B, Durstine, Equitable of New York: delegates to the national meeting at Gleveland, Sydney A. Foster and W, A. Bomis. Street Car Companies Consolidate, Des Motses, July 20.—[Special Telegram to Tue Bee.]—The street car companies in Des Moines have consolidated. Somie y ago when the Des Moines Street Railw company purchased the belt line and the West Iind dummy road, the companies were made & part of the main system, but the names were not changed and they wero operated independentl m that transfers were made to the main 8y’ tem at tho option of the manugement Yesterday for the vurposs of ¢ lidating the properties and for convenionces in oper- atiug, the Des Momnes City Railway com- pany was organized and ail strooet in the city were transferred to it cers are J. 8. Polk, president; G. M. Hip- pee, vice p ident: E. M. £ , treasurer; G. H. Huttenlocker, secre! and G, B, Hippee, general manuger, The capital stock of the new company is $£050,000, Grexwoon, Tn., July 26.—[Special to Tite ~No evidence of hard times Is vistble enwood or Mills county. Corn is gen- erally in good condition and fruit promises well “The Hinchman-Mershon brick block is ap- proaching completion and will be one of the finest of the new bulldings erccted this sei S0l The excavation for tho opera house and Odd Fellows' hall is practically complete. and the building material is being placed on the ground. This will be a combine of stone and brick structure, and will be one of tho finest buildings in the ci “The natatorium site has heen selocted and a stock company formed that has advanced sufticient moncy to insure the success of the enterpris The artesian water will bo used, and Glenwood will have a swimming pool and bath houses bofore the summer is over. Mra. Fiteh Wi sucdered. BurLiNgtoy, Ta., July 206.—The coroner's jury in the case of Mrs. Fitch, who was murdered Monday night, brougnt in a ver- dict that she was killed by an unknown pe son. The evidence failed to implicate any- vody. e MANAGUA HAS FALLEN. Nlearaguan Revolutiontsts Reported to Huve Taken tho Country's Capital. [Copyrighted 1893 hy James Gordon Bennett.] PANaMA, Colombia (via Galveston, Tex.), July 26.—[By Mexican Cable to the New York Herald—Special to Tuz B private telogram fron Nicaragua aunounces that the revolutionists have captured the city of Managua. Details of how the city was.captured or what became of President Zavala and the members of lus cabinet have not been obtained. It is reported that great excitement exists in San Juan del Sur and Rivas, and that all the available forces in the former town have been sent to the front. From this it is inferred that the government forces have retired toa favorablo position and will make s stand aud fight a decisive buttio there, : ‘The {m portance of the capture of Managua by the revolutionists annot be overs estimated. It will give®om control of the capital of the republic with all the moral effect and prestige such control implies. Nicaraguans in this city were not surprised by the news. They would not have been surprised if the victory had been won by the Zavala government. The situation has been re gardod ns most serious. It was knowu that General Zelaya had beon declared dictator by the Leon revolutionists, while Gen- eral Zavala was the acting president elected aftor Machado had been mude a prisoner in Leon. Each side has repudiated Machado and each has been preparing for a long struggle. 1t was reported several days ago that the revolutionary troops wes ing against Managua, and the there were, thercfore, prepured for which came of the fall of that city 13x-Minister Guzman has arrived here from Washington. He will proceed on Saturda 10 San Juan del Sur. e~ TRAVELERS AND TURNERS. news ey Tuke fu the World’s Fair and Roynlly Recaived. Cimicaco, July 26.—This is commore travelers day at the World's fair. The weather is delightfully cool, with light couds tempering the sun's rays. The American Exhibitors association met tn travelers at the termi station on their arrival and conducted thewm to Festival hall, where addresses of weleome and respons, weredelivered. A military concert in their honor was given by the lowa State baud this afternoon. ‘I'he pavilion of the renublic of Liberia Agricultural building was formally dedic toduy, thoug! some time, estiug. Four trainloads of turncrs from the na- tional turnfest at Milwaukec arrived av tho grounds today, and thousands of Germans of this city visited the grounds o witness the exercises. After marching through the grounds the turners went througn s gym- nastic program at the stock pavilion, el i i D04 DESERTED Ty THE STRIKLELRS Are in ted 1 it has been open Lo the public ‘T'he exhibit is unique and inter- Tmported Negro Miness Refuse to Work in the Kunsus Conl Mi, N Prrrseng, Kan., July 26.—The striking miners here are jubilant over the desertion from the mines, both here and at Werr City, of a number of the negro mincrs who have been imported from Alsbama. The de- serters cluim that they were misled as to the situation here and that they will return 10 their southern homies. A big muss meetng of Ahe striking miners from all over the distrigt was held here this evening. The strikers seemed confident and derive much hope from the assurances they have received from Missouri that the miners thore will strike August 1. ‘There wes uo disturbance today, Tomor- row is the day sct for the eviction ot 100 striking miners from their homes at Litch field und trouble is feared L IN NEURASK A, IT WAS DIFFERE] Destitute Colorado Pligrims Recoive Cold Treat nt at Munsus City, KANsAS Cry, July 20.—Three freight trains srrived here tonight, haviug us the bulk ot thelr cargo no less thun 250 men who claimed to be from Colorado and who had been thrown out of work by the closing down of varicus industries there. They were iz box cars, aud tho railway wen seem to have let them ride without protest. One hundred of them weut in # body to the central polic station and asked Chief Speers for a night's lodgiug aud free transportation cast. Chief Speers told them o ‘move on.” He told them the city could do dothing for them; that it was having trouble in caring for its own poor, and that they would have to got out of town in twenty-four hours in the same manner they hud come in —————— Wanted 10 with Her Baby, Burraio, July 26.—At Clarence Center this morning Mrs. Houry Mayback, wife of a haruess maker, a handsome young woman, cut the throat of her 7-months-old baby and then her own. She left & note sayiug she feared the baby would die and she I wanted 1o go with is, JULY 1893, 9= 21, TFURY OF A MAD MOB Denver Uitizens Avenge ths Oruel Murder of an Old Man, AWFUL WORK OF THE EXCITED THRONG Stone Walle, Iron Bars and Armed Gu: o Fail to Thwart It. BLOODY AND CRUEL SCENES ENACTED Fearful Treatment Accorded the Wretohed Murderer by the Lynohers SHOCKING FEROCITY WAS EXHIBITED Desperate Straggle When the Fated Man's Cell Was Renched —Two of the Mob Shot by at the Jail. the Guards July 26. —Last night B. O. Light- foot, an old Grand Army of the Rapublic man, entered a saloon in the bottoms kept by Dan Aratta, an Italian of unsavory fame. [FLightfoot asked for aglass of pecr and paid forit. When he had drank it Aratta asked him to huve another drink. Lightfoot,supposing it to be a “treat,” accepted it and started to leave the place. Aratta stopped him and demanded pay for the beverage. Lightfoot did not have the necessary money and the Italian, picking upytehair, brutally assaulted him, knocking out the left eye at the fivst blow. The murderous bariender followed up hisattack, literally beating the poor old man, who was 60 years of age and rather childish, nearly to death. But he was not quite dead and to make sure of his victin, Aratta shot him through the heart. The murderer was arrested and placed in Jail. All day there have been murmurs not only among the Grand Army of the Revublic men but among the people in general in re- gard to the brutal deed. Many threats of lynching were hoard but not heeded by the stuid-going people of Denver, who thougnt that quick justice had pussed away with frontier duys. K er Appenred. A meeting of the unemployed workmen was called for this evening at Eighteenth nd Market streets, where speeches were made deploring the present stringency in the money market and the resultant idle- ness. When the speakers were through, a tall, gray-headed and whiskered veteran, aring” the Grand Army of the Republic uniform, got upon the stand and said: “Iol- low me.” The words were few, but everyhody under- stood what was meant, and 5,000 peopie fol- lowed the leader to the county jail, fully a mile and a quarter distant, through mud and slush cuused by the heavy shower of toduy The crowd gained numbers in its loag march, and before the jail was reached fully 10,000 were in line, und people were flocking in from every street, most of them bent on seeing what was going to be done, Arriviug at the jail the mob hesitated, for they had forgotten to supply themselves with sledges and other necessary toals for breaking down the doors. Numerous calls were made for battering rams, ete., and the zer crowd rushed hither and thither and was not long in procuring the objects wanted. Then the real work began, Attucked thoe Jail, The fail is & new and massive one and no oneoutside of the leaders thought that it could be entered by a mob. The erowd at- tacked the sides of the jail at once, the one on the north sid being the most determined. They finally battered down the sheet iron door protecting the iusido bars of the ofice entranco and then began on tho next obstruction. At this point Captain Cress, “ha jailer and his guards, assisted by the city police, who were inside, turned heavy stream of water upon the men bat- tering at the door. Although the force of the stream threw the angry men back re- peatedly. yet they Xept on at their work. By this time fully 50,000 people surrounded the Jail as spectators. Up to now a gus jot over the entrance afforded the attacking ty sulicient light to work by, but suddenly the besieged turned off the light and left things in utter dark- n Several cable cars were seen approachiug and the mob made a dash for them, tearing off the large headlights and bringing them to the aid of the men at work at the door. Plenty of light being had, the leaders wengat the work with a will and a few moments later broke down the door leading to the jail oflice. Fired Upon by the Guards. The guards inside began to five, The en- raged mob did not hesitate, although two of its number were shot, not fatally, how- ever. The officials stopped firing for o mo- ment, and_the attucking party tock ndvan- tage 'of it by working desperately, amd finally breaking in the door. The crowd rushed in, overpowered the guirds 4nd made them prisoners. The jailor would not give up the cell keys and the impatient mob pressed forwar. find the room occupid by Aratta uunted through tho vast corridor hour before discovering the and then having uo sturted to break the strong door. By this time the interior of the jail was a seu of buman beings who had entored when ti first entrance was mado by the mob. oFne jail floors were covered with several inches of water which bad backflowed from the stream turned upon the mob outside. Awlul Scene in the Murdercr's Coll, At lust Aratta’s cell was broken into and tho muraerer found crouching: in the corner, Here an awful scene ensucd, One of the leaders of the mob was “Broucho Jim,” u burly negro, Some one, possibly Broncho Jim," drew a huge kuife and rippoa the murderer up the abdomen. Then the rest of the leaders interfored and kept hum for tho rope. He was hustled out of the juil, ucross tho strest o a cottonwood trec and in the dim light cast by an arelamp from a near-by corner was pulled up. He was asked 1f ho had anything to say. In o fecble tone, bleeding all the while from the ghastly wound in his body, he said: 1 aw the man; 1 killed hiw fu solf-defense.” He was proceeding to speak further, when someone cried: Hore comes the patrol.’ Itwas a false slarm, for the police, excepts ing those ipside the jail, did not prescnt theni- solves atany time, although the mob oceu d threo hours in gettmg thoir vietim he warning ery, however, had its effcct, and the murderer was suddenly jerkad off of the earth in view of a mob that oceupied the grounds for blocks uround Gho W Actions of the Mobh, No sooner was he in the air than several persons drew six-shooters and riddled his body with bullets. Tha mob packed around the tree with awful force, many of them striking matches to view the corpso, and some of them giving it # vindictive push A lust the rope broke and the bleeding body fell nio the gutter undsracatly the tree with a splash. The crowa laughed and cheered apd yellod, “Burn him, burn him like they do i Texas This, however, was rather impracticable, as everything within reach was wnke*wnh rain. eir Le: The mob sinaf compromised by gotting hold of the rop®and starting for the busi- ness part of the city. The corpse was dragged by the neck through the mud into the heart of the city, and, at Seventeenth and Curtis streets, strung up to a hy telograph pole for the editication of who had not been haneing The police did mot interfers with the awful procession as it passed through the streets and it was only after the mutilated body of the murderer had swayed in the clectric light for ton minutes that the camo up and removed it to the morgu The people then dispersed, it being the hour of midnight, and the city again became tranquil The foremoat leader of *he mob, beside the Grana Army man mentioned in the first part of tiis story, was & boy of 20, named Brennan, No arrests havo becn made, probably nono will be, us the general opin fon is that the lynching was justifiable. Shot by the Ofcers. Following is the list of thoss injured at the jail by the guards on the inside AnE Goonway, agod 9, residence 1237 Market street, shot through the lofu log, not futally L. P Dense, aged 55, of 230 Gr shot in left eye, will vecover, These two were hit in the first voll On the inside of the jail Officer Ho slightly injured in the leg by the only shot fired from without. Many rocks wer thrown however, and Captain Crews, the juiler, roceived a bad wound on the left cheek, Numerous other ofticers were hit with flying rocks, but their injurics wore not severe. During the riot nearly all tho glass on tho north side of the jail wis broken by rocks thrown by would-be tough peopic who, how ever, were at a safo distance from any pos. sible shot from within, Tho county jail contains about 500 prisoners of all ¢ s, including the famous Dr. . Thatcher Graves of Providence, R. I None of them were released, but could be seen walking stlessly back and forth in their narrow cells. "The damage to the jail is considera- ble in the way of glass, doors, etc., but the county w ave to stand the cost of ar- other murder tri present at the original ant avenuo, fired. 't was MIDNIGHI MYSTERY. Strange s Morning. A big pool of blood o the southeast cor- ner of Sixteenth and Jones strodts marks u crime or aczident which occurrea there at 2:30 this morning, Late last n it & man and wom noticed driving along on the back strects in a large double-ge drove by the police station about 2 o'clock, and a half hour later the people living around the corner mentioned were nwakened by hearing a woman screaming for help The man was luying on the stone walk, bleeding profusely from several ugly look- ing wounds on his heal. A young man on a_ bicyele came along and tried to ussist the man to his fect, but he feil back as if dead. The man started to summon the police, but the womau held him back and seemed very much excited. Some other men took chargeof the team and found the buggy broien. Just then & hack drove hurriedly up and the woman fumped in and was driven away, leaving her companion lying on the wulk. Watchman Murphy ran to the police sta tion and during his absence the injured man disappeared and no trace. of him could io found. A liveryman who was searching for the team came along, taking charzo of the ie. He did not know who hired tae outfit. The woman certainly desired to escape without her identity being discovered, but what became of the man is the mystery, for there is no doubt but that he was badly hurt, There was fully a quact of' blood on the walk. The people who arrived on the scen before the police say that the injured man was assisted away by a stranger, who had to nearly carry him, and that they went east on Jones street. The police were investigating the affuir at Bo'clock. At 8:30 the police had learned t belonged at Stephenson’s man who hired it was a stranger fro Brunswick hotel. e HE WORKED WOl il 1 were S PAPLR, Chicago Banks Extensively Swindled by n Bold Pites Forger. Cmicaco, July pecial Telegram to Tne Bree—Forged uotes “amounting to 60,000 have been nccepted by several bunlks. The man who negotinted the pape escaped. The Lo Motropolitan National, £15,000; Chi tand Savings bank, &14.443; Thirt irst Street b |_|l 0005 W udorf & Heinemann, £10.000; an unknown man, $10,000. Many more vic- tims may turn up. Charles It. Locksted, who came here las winter, 18 suspected. He was in the empioy of the Westinehouse Fiectric Light pany, and secured the World's faiv licht contract by underbidding the Edison com vany £1,000,000. During the negotiations he established friendly relutions with the banke He claimed the company paid him &0,06 for his sery ices in securing t contract. to have had plenty paper, of which he' p ever it was accopted itan Nation:l burg for coll repudiated it as a forg was then made that Locksted's paper was all forged. About two days before this Locksted disappeared e S pEsrInu They Will I¥e Shipp E st at Five Doliars W Hend, ~The committee to devisc means of caring for the destitutein the city met in executive sossion last wight. 1t is understood arrangements wore madto for sendiug the unemployed to frienls in the enst. A five-dollur rate to all poiuts west of Chicago has been secured over all railroads. - - Suppressing Nows of Choler, Loxnox, July The Lonton agent the Associated press has rocoived o lotter froin the sgent at Romo he tole- graphed last Saturday the £1:t that oficialy in Naples reported four « of cholera there the early part of last week. This tole gram was never delivere t ant 1o doubt was suppressed. The Naples and ome no papers are silent on the subject of chole part of Italy, though they well know it exists in several places. Pilgrimages hav been prohibited, and cordons of troops will enforce the prohibition Pawis, July 26 Cholera has broken out t. Louis, Senagal, capital of the French ssions in Scoagambis. The deaths wber fifty daily. There is a panie wmong the inhabitants. Thres Europsaus have died. by has g god bundles wher. When the Motropol ntone of tha notes to Pyts nghouse people DENY Dexven, Ju! 26, of g Movements of Ooean Stesmors At _Southampton-—Arrived New York At Genoa York At New York-—Arrived—Havel, Brewmen ; Teutonic, from Liverpool. At Philadelphia'~ Arrived — Switzerland, from Antwerp. At London—Sighted trom New York At Murseilles New York. Iy 6. Spree, from Arrived -Fulaa, from New fro, American and Heelu, Arrived —Britannia, Pl e Hud @ Dopdeste Key. “The resideuce of (. Bright at 2228 South sutecnth street was entered by burglars auring the absence of the family yesterday afternoon and valuod at $200 was stolen. The stolen articles consisted of a gold watch, u pair of bracelets and & Kold ringa. ‘T'ne thieves effocted un entrance 1o the Louse by means of a duplicate key and they thoroughly ransacked the place “There is 8o clow 10 Lue thieves. Jowelry CENTS, IN THE HANDS OF RECEIVERS Troubles Which Beset tho Financial Man- agement of the Erie Railroad, FOR THE PROTECTION OF ITS CREDITORS SAvago Attacks by & Wall Stroet Clique on 15 Credit Forees the “O1d Reliable™ to Tako tho Step - Busi- Troubles. w York, July The company has gone futo the handsof ro- ceivers. Julgo Lacombe of the United States circuit court named John King and J. G MeCullough, Thay gave $500,000 bonds, With . O, Mills and J. Lowber Welsh of Philadelphin and sureties. The Bele erodit hus been savagely attacked on Wall street of e, owing to the mixed condition its finances and tho execus tive committeo adoptod resolutions yes- terday placing the road in tha hands of receivers, This measure was tukon purcly in the interests of the road and its creditors. Within tho last few days tho floating debtof the Irie becamo fmpossible of reqewal, aud in order rot to sacrifice the bost intdests of the company it was decided to place the road in roceivers' hands. ‘Lhe decision to put the Erie road into the ands of areceiver was not reached until to yesterday, as it was found necessary to provent the sacrificing of securities. ‘Ihie company’s tloating debt, about 6,000,000, is mostly — held abroad, but 15 well so- cured, VE Erie Railroa CLROAY ON WALL STE N s Which Affectod the Market Business Situation, NEW Youk, July 26.—Today was sarcasti- cally describea by the brokers a auner day. 1t was expocted that tho news of the woing into the hands of a recciver 1s¢ a downright panic on the ex- but to the surprise of some there was nothing sensational in the first hour. “Ihere was a genoral dechine, as one br exprossed it, of from 1 to 4 points, the grouts st fall being in Lake Shore, which sold down from 114 to 10 As the day wore on, lowever, the Stock exchange presented a situation very ciose to panic. At times the sales of investment stocks proceeded such volume and with such violence as 18 uever before been witnessed, x- copt_in the worst days of 1873, London i tfora time, bat proved powerless to the tide of liquidation. Some of the ks on the market broke from 4 Points upwe Lake Shore in particular New York Central 47y; ated ! to par;Western Ut traovdinary incident was the ares of 13 illo & u stock nov active on the exchangs sold “under the rule” for an brocer, and aithough the prico yestorday at 126 bid, no buyer oday until'the stock was off I L decline of 56 points 1n a day. wbly unparalicled in - the record o Stovk exchango, Complicatl Erie roa would change, uute, They w Stocks Teok a Sudden Drop. I'ie greatest decline set in about midday, after which Maunbattan reach souri PPacitie, 18 per cent; Western Union, 717 Jorsey Central, 91 5 St. Paul, 401¢ 5 Rock islund, b3 New. York Central, 91}g; Gene eral Llectvic, 445, e bears hud it entively their own way; there was no opposition 1o their onslaught. Ihe announcement of the failure of H. I. Nicholas & Co.. particulars of which will bo found in another colnumn of this neys- paper, added zest to the bears’ profitable fun if wny were necded, and prices tunbied right und left and without rhyme or reason. As an illustration of this the caso of tho Manhattan Elevated railway may be cite, R M. Gulinway, presidentof the Merchants Nutionai bani and viee p et of the \Ianhattan, said that tho oarnings of tha company e 0 great before in its history at this time of the yoar as toluy, and thav the road was in splendid conditio Thore was absolutely, ho said, no r causo for the declino in the' price of tho stock of the npany. AU2:30 bankers and brokers of prominence said there was a better tone 1o the market, Jut they would not say whether the bottom ad been touched yet for any stock socu ies, In Banking Cireles. i1 banking cireles there was little news up ) 2 o'clovk, buta nervous condition of a¥uirs veported. Rates for monoy were re- Jorted to be easy, but thero was little deing in the forenoon.” Bank ofticers were pursu- g waiting poiley, they said—waiting to J00 vt developmonts the day would bring I from the country. Tie president of o loading national banle thus sized up the situation: “We who makoe itour business to kuow exactly how cvery ounl issituated and just how much it can stand, ave, asa resuit of that knowledgo, by 1o means rattled or nervous over the sit iation, Spealing with kuowledge, I havo jon in saying that the banks hora surong, and 1 feel quite huppy bout the position. The banks are stronzor > ten days ago and, althoueh bo two or three vory small buuks which would have had no but for sotection afforded every elearing houso bank by the action taken, there is not the Siehtest reason for any nnxioty with regard tothem. | think we can fairly say Jwe our strong position to the fact that wo tookeaction and provided the meuns of des feuse before the trouble came.” AL the Subtrensury, was debtor at tho clear- g honse todiy &90,000 and it settled that lunco in goid. STt paid over the countor bout £400,000 in notes in exchango for g ot s and greenbacks of large den After that applications for small uscd, the supply having arncd that although the s sury was supposed o haye about 000,000 0f currcney on hand, its supply tens” and “twenties” had absolutely i short of cvery wominations. 1t had, ves! which it was willing 1o ld cortificates. Bank officors situution in that respect was y bad. As the subtreasury reccives n of notes evory duy from Washinzton lemption 1 i+ hoped that it will Lo Able 10 8UPply @t teaw) 10 pary, the deimn in iy for currency that =) be made upon it to- 1OFTOW I'ne clearing house loan committes issucd 100,000 of losn certificats today and rotired 2200/ 000 1t was cstimated that about $1,000,00) was shippid Lo the country today by v York ks, Much of it was in gold. . "This moncy was sent to Chicago, Louisville, Philadels hiin and other places. Ruuiors were plentiful of r 8 for se eral woll known' corporations, including Lo vailvoad companies, many of which wera ut. terly baseless. ‘I he president of a leading national bink, who Lus intimate relatiins with nany of the corporations whose nanics worc this recklossly bandied about the streot, whon asked as to their truth, pointad to the'record of tho day on the calendar, which read: +To answer an idle rumor is Lo conflm it in tho wind of many. Why Ko into the dock when you have never buen uioned Philadelphisns Com platn, “Coduy's Philadelphia Pross publishes the cireulur lotter sent by a New York bank to its dealers Informing them of the dificulty it now cxists in collecting drafts on Philadelphia and declares “‘tho statement, 0 far as it reflects on apy Philadelphia banic, is uujust.” The Press also says that New York banks owe Puiladelphia banks about $.000,000, while the Philadels I'ho subtreasu 1 phia banks owe the New York bauis $0.000,« 500, ‘Assumiog that the latter statement Is suid 8 New York banker toduy - i ¢ doos not aiter the condition Tales as alreads duscribed. The aimount