Omaha Daily Bee Newspaper, November 5, 1893, Page 2

S - b R 2 tect the men at all hazards, but it was quite | Apparent that the proteotion would not have been amplo to have saved tho necks of the two wretches, for the officer and his men ‘were jostled and buffeted abont tike chaff in a oyclone. jore was no loud and disor- derly uvrising, though the men were all dstermined. They crowded about the sheriff and the carriages which he had for the purpose of carrying his prisoners away, and in & good-natured way informed him that he must not be too hard on his old neighbors if they practiced a little hemo- pulling on their own account. To these re- marks Sheriff Tighe responded that he did not propose to adopt harsh measures, but stated that he would protect his prisoners and do all in his AF'“‘;'I' to see that l“r;," ajesty of the laws of the state were o hmelfl. "This remark ovieently touched a popu- 1ar chord in the minds of some of the men, for it was greeted with a cheer, but the cheer was not a marker to the one when an old farmer mounted & box and in a loud voice exclaimed : Ast Suggested “astice. “Neighbors and frienas, Sheriff Tighe is & good feilow, but that does not prevent us from seemng that speedy justice is meted out o the men who took the life of an innocent man; & man whom most of you have known for nearly a quarter of a century. “‘Men.” he continued, *'1 do not advise the resorting to mob law, out [ ask you that you see that the red-handed murderers get their just ducs. Remembor that the men who will s0on be in this town cut down a man who was almost ready to bid adieu to this world, and not_satistied with having com- mitted that dastardly crime, they tried to murder his wife, an aged woman—one of tho most lovable ladies in the county. Not ouly id they do this, but they shot down a son, ng to take his life. ""-Inf ‘ontin you are all law-abiding citi- rens, but can you as loyal citizens stand by and 'see o » perpetrated by a long and quibbling trial? “As men and eitizens of the county 1 cau- tion you to not use violence, but I ask you to do tnto others as others have done unto Matthew Akeson. The otd farmer was cheered to the echo and was cheered again, while a crowd of ad- miring farmers carried him away upon their shoulders. The chears had their effect, foi as they rose from the thousands of throats it seemed that the country wasalive with people who came in from the alleys and side streots. ‘They joined in and at once became a part of the crowd and at once declared that they were on the ground for the sole purpose of seeing that the murder of Mat- thew Akeson was avenged. Aveogers Disappoiuted. Upon the arrival of the noon train the crowd which blocked the stroets for . dis- tance of several blocks made a_rush for the couches, but they were doomed to bo the victims of bitter disappointment, for the objects of their vengeance were not there. Then it was that they accused tho sheriff of duylicity. They charged that he had ordered the two men taken off the train at the crossing just outside of the city limits and that he was bringing them in in cabs. This the sheriff denied, and declared that he knew absolutely nothing about the fail- ure of the deputy to arrive with the pris- oners. This, however, the crowd could not beliove, and 'at_once it broke for tho city Jail, there to watch and wait, which it con- tinted to do for an hour. a* the end of which time it beeame conviuced that the sherift ing the truth. While at the jail the wd again closely inspected tho frail acture and passed judgment upon its powers of resistance, declaring that with a few woll dirceted blows of a sledge it would have to succumb, while those within would be at the mercyofa mob and a couple of copes. Having become convinced that Hill and Benwell were not to arrive until later in_the day the farmers and their town sympathizers again dispersed, breaking up into little knots and stopping on the street corners, where the commission of the crime was discussed in all of its phases. Waiting for the Criminals. Upon the arrival of each train during the afternoon the same scenes were enacted at the depot, each time the desire of the farmers to wreak vengeance becoming stronger and more apparent, but as the mantle of mght spread itself over the earth nearly all of these tillers of the soil quietly left for their homes, knowing that the officors had left their men in Omaha. They did not abandon thewr deermination to avengo the murder, however, for they left a committee on the ground with instructions to dispatch couriers to_every part of the county the moment Hill and Benwell ar- vived. It was evident that Sheriff Tighe was alarmed, for during the afternoou he dis- patched County Attorney Travis to Omaha with instructions that the prisoners should bo kept in the Douglas county Jjail until in his judzment it was safe for them to be re- moved to Plattsmouth for their preliminary examination. When that will be is not known, as it is o fact that the people of Cass county'have determined that the blood of Hill and Benwell shall pay the penalty and the indications are that they will be in as great daneer three months hence as at the present time. Were Watohlng at Had the deputy taken the two murderers direct to Plattsmouth instead of bringing them to this city, it is doubtful if they would ever have reached there alive, as a crowd of 300 men had gathered at Louisville, a town some distance below the Ashland cut-off. ‘I'hese men were all furmers from the vicinity of Weeping Water and Manley and were all acquaintances of the Akesons, and their purvose was to take the two mur- derevs in chargo as soon as the train pulled into the station. When they learned that their plans had baen frustrated thero was a low muttering, such as precedes. the storm, and the remark was wade that the delay did not count for much, as it would be fol- lowed by the meting out of eveu justice from a jury that could not be bribed or tam- pered with, Committee Comes to Omuha, Last night a large delegation of farmers from the country surrounding Plattsmouth arrived in this city and expressed ono sentiment, and that was that they would camp on the trail for the purpose of finding out just when Hill and Benwell were to bo taken to Plattsmouth, that word would bo sent abiead in order that the people might be propared for their arrival and that they might be given o warmand suitable recep- tion. Theso men would not say that the two mur- derers would be lynched, though they were freo Lo express tha opinion that there was sometning jn the air of Cass county and that it ¢buld not be removed by delay County Attorney«Travis said last night that he had no idea when the prisoners would be taken to Plattsmouth. ~He aid not auticipate that they would be lynched, but he considered them’ much safer here than 1 the insecure Jail in Platismouth, and be- sides that he said that he was of the opinion that the ofiicials of Cass county were not able to cope with & body of several hu- dred determined men, Lonisville, IN OMAHA ONCE MORE, Mosher, the Bank Wrecker, 1s Brought Baock s Tender Care, W, the convict hoodoo, 18 agaii in Omaha, A few minutes before 5 o'clock yesterday ufeernoon a closed carriage drew up to the THE _OMAHA DAILY BEE: SUNDAY, NOVEMBER 5, 1893-TWENTY PAGES impossible to toll in adyance what wonld happen in cases of that kind, it mght be advisable to move him to some othor place He said o then dccompanied the deputy to his residenco, walging down the principal strocts and shaking hands with old nc cos were a uumber of people _there.' satd Mosher, “and there is no doubt that they would have lynched those murderers if ¥ bad_arrived on the train ns _expected. Oh, yes, 1 suppose some of them would have wanted ' to take me, too, but_there was no demonstration of any kind as 1 walked down the streot. 1guess 1 must be a hoodoo, for there is always something lively surd to turn up no matter where they take me.” says Ho ls Out of Politics. He was asked if he intended to engage in the local campaign in Bennett's intercst now that ne was once more in Douglas county He said that he had had all that he wanted. and regretted that be had dipped into it at all to have pursued that course to the end,” remarked, “but I was charged with o many things that T could not help making a reply t0 some of them. People trumped up a lot of lies about we, and _imposed on the news- paver reporters. They did the same thing down at_Lincoln, and chaweed that I was taken out to the penitentiary 1o see the firo, when the truth was that 1~ did not know of the five until about 9 o'clock, when the night watch came into the ecli’ room of the jail to lock us up for the night, and told us that there was o fire at the penitentiary. 1f 1 had boen out of the pen they would have charged mo with setting it on fire, “Iliey gave me the best they had down at Plattsmouth jail. That ain’t such w jail for a little place—just about the sam any country jail, but the vermin s0Mme thing that can’t be equaled in this metro- politan burg. You ought to have scen mo eating my ore: like any other ‘con, grub, too, for juil fare turn fue ont of jail t “The fellow that turns out the tramps came along and told me to zet up, und after turning out the rest of them, told me to et 4 move on me. 1 smd, *1 guess you don't want me,' and he asked why not. I told him the man up stuirs was looking out for me, and he went up Lo sce the sheriff about it £ [ hadn't sort of kicked ngainst it 1 would have been a free man in spite of myself. You see, the guard saw that my face was a new one and took me for one of the transients. Guess 1 must be looking a little tougher than usual."” He “Hel And then Mosher reverted to what the papers had said about him,and he wanted to know the uame of some man who had seen him at the theater. He admitted that he went once, and saw Nac Goodwin in A Gilded Fool,” but insisted that this was the only time, He said it was truo that lio had_holped Sheriff Bennett, as he weut out in 8 hack to help bring in'n crazy man named Davis, and_on anothor occasion went along with tho sheriff *to hold the colt” whilo that_official had a little business to transact with S. P. Morse. He was asked about his experience in court in Lincoln, and said he did not propose to tallc until the proper time. He said that it “Mr. United States court” toid him to tali, or allowed him to talk, he would do so in any of the cases in which the buuk was interested, but_he did not propose to hay his property attached and then puton the raclk to tell what had become of it “None of the nther judges done what that one did, he said, in speak- ing of the acticn of Judge ' Tibbetts, “Charloy Hall know that I was right, and held the other way. I told them before they took me out of juil that I wouldn't talk,, and they ought to have known that 1 always keep my word, I see Burr wants we put in solitary confincment on bread und water. Well, lie won't got me thero, and 1 won't peep, either. They can't put me in jail for contempt under those circumstancos, and they couidn't_even if 1 wasn't a United States prisouer, You see 1've been reading a little law. 1 read the statutes nearly through twice while I was in the Douglas county jail.” Marshal White Anticipa d Trouble, The marshal admitted that he was very much wrought up over the report he received during the forenoon that Mosher was in danger. He said he first heard talk of that kind Friday evening, when he took the pris- oner to Plattsmouth, but he thought noth- ing of it. He took the pains, however, to go down the street during the evening and see how matters stod, but all was quiet, and all he then heard was that a few men wio had been drinking had said som.ething about lynching Mosher. He was satisfied that nothing would come of it and went home and to bed. Yesterday morning all was still se- rene, and he came to Omana as usual. Dur- ing the forenoon he received n telephone message from Plattsmouth to the effect that there was considerable stir over the arresy of the murderers at_Lincoln and anticipat- ing trouble when the sheriff arrived with with them. He made inquiry later by tele- phone, and learned th vds of people filled the streets and that there was consid- erable excitement. He at once made up his mind that it was time to do something. “1 figured,” said the marshal, *“that the sheriff would probably manage to get his men 1o the jail under the pretext of waiting until they wero positivety identified, and [ was afraid that then it would be all* day with Mosher, for that jail could not stand an attack, and when a mob means business the haugiug of one or two extra men seems to muke very little difference. All it would need would be for some one to say ‘Let's take Mosher, too, and make a clean job of it,’ and that is all there would be to it. " I called up tho deputy sheriff and tola him to take Mosher out to the edgs of town, near the Missouri Pacific depot, and keep him there until I could get down on the noon train, 1 told him to keev out of sight and maintain a snarp watch, and if ho saw anything like n crowd approaching to take to the woods. When I got down there I found that he had put Mosher in a buggy und was waiting in that way, being prepared to got out of the way in 4 hurry if the mob appedred, Large Reception Committee. *I had my deputy take charge of Mosher, and I went down Lown to size up the situa: tion. Thero wero fully 1,000 men at the depot, and if Sheriff Tighe had gone there with the murderers the crowd would have made short work of them, It was an orde crowd, as there was a large element talking in favor of letting the law take its cours but a leader on the other side would have set the tide strongly that way, and 1 am atisfied that the appearance of the prison- rs would have caused several leaders to develop. I was told that the name of Mosher was on the slate of inteoded victims, and from what I saw and heard in vurious places Tam satisfied that it was. Mosher was pretty nervous, and I don't blame him, for no matter how much nerve a man has he will feel a little squeamish under circum- stances of that kind. He was considerably relieved to get on the train and out of Cass county.” *What are you going to do with him?" “D—d if I know. He isu white elephant on my hands, and has been ever since 1 Lave had anything to do with him.” “Turn him over to Rosewater,” facetiously advised the district attorney, Is w “White' *“This may be a funny matter to you,” said the marshal, “but it is mighty serious with me, and is gottiug no better very fast. I will admit_that 1 dou't know what to do with him. Warden Beemer wou't take him Tt was pretty Food they tried to the Colt." ould have curb at the north entrance to the federal building and a small, dark-complexioned man, carrying a grip, hastily stepped out, followed closely by Deputy United States Marshal Boehwe. The pair hastened into the building and up to the oftice of United States District Attorney Baker, The small man was the bankwrecking ex-president of the defunct Capital National bauk, and ho was very much in search of & haveu where demoustrative individuals do not give violent expression to their feelings. He had come from the Cass county jail at Plartsmouth, and he haa not ontirely re covered from the fright he received there while womentarily expecting un ouslaught on the part of the mob thut had gatherea for the purpose of lynching the murderers of Matt Akeson. Not on His Koees Now, A representative of Tur Bee noticed the arrival of the convict ex-banker, and him a visit 1 the diswrict attorney’s oftice. Mostier endeavored to convey the impression shat bie had not frightened, and claimed that all he kuew about the inteuded lynch- ing was when one of the depuly shieriffs came o him in the jall and told him that Lhere might be trouble, sed that as it was into the penitentiary, and he has raised o muss in both the Douglas and Lancaster county Jails, but I sunpose I will have to put him in oue or the other of them.” The matter was discussed to some length, and the marshal finafly concluded that be' causo of the plausibility of 4 conflict between ubie state and federal authority over getting Mosher into court 1t would not be advisable to take bim to Lincolu, and he therefore de- cided 10 once more place the bank wrecker 1n the keeping of Sheriff Benuett. He made up his wind that he would h: 0o more of the runuing around on Mosher's part that has already caused so much scan- dal, ard when he took Mosher to the Jail at 6:30 he gave explicit orders that the conviet Wi not to leave the juil under any consid- sideration, and that he was not to ‘be given iuto the charge of oven one of the deputy marshals without a written order. Judge Durdy returned yesterday from a Wyoming bear hunt, and the marshal will seck uew {nstructions LOmMOrrow rog: his prisoner, hoping that he may be shiowed to take his charge to the penitentiary at Sioux Falls, and thus be rid of a wost weari- some burden, While Marshal White wi ebating what 1o do with Mosher that worthy jocularly re- marked, “'l guess fou‘u have to turn me loose until morniug. I'll come around and report at7 o'clock.” When he stepped into ::u Jailhe said: “I'm going w stay this me. " “1had kept still for so long that I ought | NEITHER ONE COULD WIN University of Nebraska and Denver Athletic Olub Kick a Tie Game. EACH SIDE MADE ONE TOUCHDOWN neging Indalged rinceton Does Pol by the Players y and Har. vard Smothers Cornell—Kansas Wins feom fowa, Dexvenr, Nov. 4.—~The foot baligame toda botween the Nebraska Stato university and the Denver Athletic club clevens was the most exciting of the season, and much slug- ging was done. The Nebraska men ave the strongest team that the Denvers hava lined up with on the Lome grounds, and today's game cvenly contnstod that it resutted in a tio, the score being 4 to 4 Nebraska mado a touchdown in the first halt and Denver did the same in the last, but neither was able to kick a goal. The teams fuced each other was 80 Position Denver ) ek I3 aard right snter Figit Right guurd left.. “Right tackle loft Right end 1 wrter buck Haif back.. Half buck full back Adims Ellis Sniith oo Milis Prouts L Field Flippin ... L E Yont .ol i PRINCETON UMM Voraclous Tigers flustle Thelr Anclent Enemies for the Only Touchdown. A, Nov. 4.—On Manheim field in the presence of 20,000 people, Princeton this afternoon secured revenge on Pennsyl- vauia for the defeat of a year ago. 1t was estimated fully 20,000 people were present. Princeton openod with a flying wedge, used so frequently by Cornell in their game with Princeton two weeks ago, and King gained twenty yards. Thoe Tigors lost a fow yards on the next down, and a fow moments later the bail was fumbled and secured by Peunsylvania. The ball was taken by tho od and blue to the ceutorfield, where Knipe kicked it for thirty yards. = Blake caught the ball and returned it, but it fell out of bounds and Pennsylvaniaseoured it. Knipe made a gain of five yards through the center and ten yards more were gained before Princeton secured it on a fumble. Blake ed it to Pennsylvanin's ten-vard lino +it was given the latter for off side Threo yards were gained on o plunge through the center by Kuipe. Score at the end of first half, 4 10 0 in_favor of Princeton. In the second half, with the ball in the center of the field, the Tigers made short wains but lost tho ball on four downs, and Brooke punted. King fumbled and Upton fell on the ball and kicks by Brooke and Blake brought the ball to the scenter of the field, King was sent around the end for o ten-ynrd eain and after Pennsylvania and Princeton had suce ively secured the ballKing again went round the right. Morse guined throo yeavs more, bofore a fumble gave the ball to Pennsylvania. Brooke punted and King returned it to the center of the field, Pernsylvani and Princeton each fost the ball on fumble nd - Os- borne made the first ama only long run of tho game when he carried the ball for twenty y: before being downed Burnett took the place of Morse, who was injured, and was ap the same time arsqualitied for slugging. Time was called without either side scoring. ‘Touch down, Ward. Scorc: Princeton, 4; Pennsyl: vania, 0. The teams lined up as fellows: Princeton. Position. Pennsylvania. s ... Leftend ngarten Lefy tackle. Mauckey guara . hiarton Conter... hornion Right guard -Oliver LU bt tekle T Reeso Trenchard.. . ..Rightend.. Simmons King. . Quarter-back veese o Vil Ward. 70T hatt-baek. N Glibort Barnct or Eorse. Right hult-huck ... Osgood tlen.. ... Full-back ... Knipe Referce: P.J. Dashiel, Lehigh. Umpire: Dr. W. A. Brooks, Harvard. S PENNSY. CORNELL SMOTHERED, Ithnoa Harvard Takes the Young Men Iron » Through a MaxuarTaN Fiern, N. Y., Nov. 4—Ata quarter to 4 o'clock this afternoon tho Har- vard and Cornell foot ball teams waded through the swamp into which Manhattan 1ield had been converted by several hours of rain, When the umpire, Perry Trafford, and Referee C. W. Sherdon made their appear- ance a burst of applause went up. Several minutes ufter the opening Brewer was forced through the center and with & good interference made the first touchdown. ka child kicked a goal. The ball was taken back. Cornell lost it in short order. Brewer made o run of thirty yards into Cornell’'s territory. The ball was rushed around the field without much advantage to either side, Harvard gov the ball. Harvard forced Clark through and scored a touchdown, After a few minutes Brever was forced aver for a touchdown and Fairchild kicked n goul. Score at end of first half: Harvard, 38 Cornell, 0. Intermission seven minutes. Diehl was at loft end for Cornell in place of Young, who was at full back. Daly had had taken Taussig’s placo at right end. The Harvard team was intact with the ex ‘eption of Wrightington, who had been replaced by Clark, A few minutes later Brewer, who was forced to leave the field, was sub- stituted by Gray who came into the game as full back, Harvard opened with the wedge, gaining seven yards, In the next two downs there was no gain, and on the third Cornell gained the ball. The leather stayed wnere it was for two downs: then Harvard securod it agam, A clever tackle by Clark stopped Dyer after the latter had got around the end for twenty yards. Brewer then went through the center twice forseven and twelve yurds, aud two more were gained in tho third down. Clark then got weil away around the end and over the ling be- tween the posts. Fairchild kicked a goal. Time was called with a score of 84 10 0 in favor of Harvard, At the start the teams were: arvard, Positions. LLeft e rry Dance. Cornell, - ... Young ‘Loft tackle: | Deming Left guara. Warner . Burnenheizol - Wugue, .. Barr Daley bt taekler, ) Righi end ‘Quarter bck. eachman Left half back: .7, ....Curtls Right half back, .".." "D, or LAl Urewer. " Harvard, 34; MANHAT Cornell, 0, Miuor Koot Ball Mateh CuicaGo, Nov. 4.—The foot ball team of Oberlin college today defeated ths Univer- sity of Chicago team by a score of 83 to 11. Northwestern university defeated Beloit, 0 to L. PirtssurG, Nov. 4.—The Chicago Athletic club and Allegheny Athletic association foot ball teams played “an exciting game today, Chicago, 4; Allegheny, 0. WiLLIAMSPORT, Mass., Nov. 4.—Dartmouth defeated Williams in the first championship foot ball game of the season by a score of 20 to 0. Bostox, Nov. 4.—Amherst foot ball team struggled with the Massachusetts Institute of Techuology in the rain at South End grounds today and won_by a score of 14 1o 4 New Youx, Nov, 4.—The foot ball gar between the tams of Boston and Cresco.: Athletio clubs plaved ‘at Essteru park Brooklyn, this afternoon resulted lu a vie- tory for the Bostonians by 12 to 8 CamBriDae, Mass., Noy. 4.—The Harvard Junior and Senior foot ball elevens fought a hard contested game today. Score: Juniors, ; Seniors, 0. MippLEtoy, Conn., Nov. 4. —At a meeting today the executive committees of the Wi leyan Foot Ball sssociation decided to with- draw from the Ial te loague. The WADAgers today’s game with Yale. So mauy of the yan best men are di abled that it would be practically useless to attempt to play, BaLoir, ) Nov. 4—In & 0 of foot ball at Delaven, Wis., besween Heloit's seo- s - Full'back. N FieLp, Nov. 4. ond eleven and the cloven from the deaf and dumb institute. a muto named Patterson was instantly filled by having his neck broken by a fal in a tackle. PAWNER Crry, Neb,, Nov. 4.~ [Special Tel- egram to Ty Bee | —The game of foot ball at this placal this afternoon between the Beatrice and Pawnee City toams resulted in favor of Beagrire by a score of 12 to 6. SAOT GUN EXPERTS, M. B. Kenneay Wins the Parmosles Dia- mond Trophy-—-sally us & Plgeon Kiler, The specinkaboot on the Omaha shooting grounds across tho river yesterdav after- noon for the Parmeloe diamond badge by the members of the,Omaha Gun club proved a very interestiog affair and was witnessed by quite owdd.of sportsmen. The condi tions were fifty targets to the man, walk- around, ard the ndsome trophy was won by H. B. Kennedy with a score of forty-five birds. G. W. Loomis was second, with forty- two, and i'ravk Fogg third, with thirty- nine The score: Kennedy 01101 11010 Fogg ... Gini 01011, g Gwin 1011 01010 11011 01110, Hougland. 11001 00111 . ¢ Brucker, .01 i1 0011 11001 04¢ 11111 (UREYY vlo10. “er Vioee. =38 The wind wus high and the tarzets hard to kil in consequenco the scores made were creditable indecd. Dr. Neville, a son of Judge Neville, who just returned from Gormany. was on the grounds and 100k part in a sweepstakes shoot, making a fine score. Sullivan Tarns Shooter. ST. Lovts, Noy. 4. —John L. Sullivan ap- peared in a new role hero today. He shot a live pigeon match against Starter Dick Dwyer of the East St. Louis race track, his J.J. Howard, and Henry Griese. 'he match was a swoeepstakes of twenty-five birds, Dwyer and Griesedick ch killed twenty-two, and Sullivan, with the uid of a handicap, had twenty-one birds to his credit, while Howard brought aown nineteen with the aid of a handicap. In the stoot-off the Jiasy Side starter bagged twenty-two birds to his adversary's twenty- one. 0117 10011 0i010 01110 RACING RE Kansas City's Meetiog Closes with a Race for Llood. KANsas Crry, Nov. 4 —This was the clos- ing day of the runnivg meeting of the Exposition Driving Park association. The Farewell handicap, tho feature of the day’s sport. was taken by Montell in a drive. Resuits Tirstrace, four Flynn won, Abe 11 third. Tioo: 59 ccond Face, Six furlongs: Wonseser secd; Dan Mevks 0. hird race, six furlongs: szette second, Bontire third, Jurth rice half furlon and a half farlongs: Mike Istead second, Bob Mill Mulcomb wor third, Tim Mawle § Time: 1: Farewell handicap, five and M uimy Arcn I 2 1114 itth race, Hve ‘furlongs: Bud Brooks won, briu second; Lucy Clark third. Thne! won, Tame Sport ut Nashville. NasuviiLe, Nov. 4. —Henvy rains last night made the tracic at Cumberland park muddy, nd today’s spary was t In the fifth ce Banjo raw very , opening at even money uand going to . He was lasy ail the way. ' There will probably be an investigation. nResults: irst race, sIX furlongs: May Belle secand, Miss 1:183, C Second ilp and a sixteenth: Sull Ross von, Boro second,” Bret Ilarto third. Time: IS, gobhird race, hindicap, postponed until Tues- ay. ourth race, sbx fariongs: D Runner secont-Qshorne thied, ifth race, fi Chess Rogan won, Platt third, 711, it won, Foot Time: 1:193, Disturban won, tyin third. T B 5. firdonss: Wintield won, Eau ) Robert Lutta, third. Time: Puniching the Lvories, A live stock: mau_ from Mexico and a traveling man from Chicago have been en- gugea in a game of billiards at & resort on Douglas street which savors of endurance, The men had been playing for forty-eight hours up to ¢ o'clock last night, and had only stopped when the house closed for the night. They started in playing for small stakes, but at last accounts were posting $100 on each game, although they were so quiet about it that the proprictor of the hoyse did not know that they were making wagers on the game. The men are very evenly mtached. ‘e Nebrasku Fiyers. Neuawks, Neb., Nov.4.—[Special to Tir —M. D. Pollard arrived from Kuns: y last night, bringing with him the well kuown string of race horses, John Strong, Nehawka Girl and Crookshavks, belonging to himself and H. G. Strong of this place John Strong won first money at Platts- mouth, Elmwood and Syracuse, second at Blair and third at Kansas City. Nehuwka Girl went on the track late in the season, but won first and third money at Kansas City. Crookshanks1s in traiuiug for next season. Cnicaco, Nov. 4.—The three-cornered bil- liard match botween Schaeffer, Ives and Slosson has finally been arranged. The first series of games will be played in New Yorlk, beginning December 11, the second series in Chicago, beginning January 2, The game will be fourieen-inch balk line, 600 points, $500 a corner at_each series, the winuer to take tho £1,500 and ono-half of the gate re- coipts. ‘Phirty per cent of the net receipts £0 10 the second man and 20 per vent to the third. o Selzed 11im by the Throat. Kansas Crry, Kan., Nov, 4,—Paddy Pur- tell, the i inaw Kid,” and George Fitz- gerald of 1. Louis, widdleweights, fought here last nighit for apurse of $600, The Kid showed far more science than Fitzgerald and gave him sevefe pumshment. [tz gerald repeatedly fouled him and in the sixth round tne referce guve the fight to Purtellona foul. Iitzgerald had grasped Purtell by the throat and was choking him todeath when the decision was given, Pians of an lowa oyelist, Cepar Ravivs, Ta., Nov. 4.—[Special to Tuk Bee.|—Frank Starbuck of Marion, who made such an enviable record on his bicycle the past summer, hus almost recovered from the njuries, yeceived in a collision on the New York wrick recently. He is now thinking strongly of taking in the southern circuit this winter.. He expects to capture several of the big.Drizes next season, Kansds Wins the First, KKANsAs CiTy, Npy. 4.—The university foot ball teams of Kansss and Iowa this after noon played the first game of a series for the Western Interstate Foot Ball associa- tion championship. The Kausas team won by & score of 45 49, 24 aftera hard-fought game. Themen Lped ub strong on each side and put up a,good all-around game, Johnson Ridea Some More Miles. INDEVENDENCE, &, Nov. 4.—The two fastest miles over riaden on a bieycle in a day were reeled ‘off by John 5. Johnson on the kite track here Loday. Johusou was paced one-third of ammle by & running horse and one-third eaoh by the triplet and quad- rupled. The time for the first mile was 1:67 4-5; second mile, 1:50 4 Omahs v colu Saturday. The High School Fuot Ball team of this city aud the High school team of Lincoln will play at the Young Men's Christian As- soclation park next Saturday afternoon. Rebel 5hips Short of Provision: [Copyrighted 1893 by James Gordon Bennetr, 1 MoxTeviveo, Uruguay (via Galveston, Tex.), Nov. 4.—[By Mexican Cable to tue New York Herald-Special to “I'ue Bee.|— It is reported here thap the fleet of insur- gont ships in the harbor of Rio de Janeiro are short of provisions and munitious of war. The vessels which Presdent Peixoto bas bought in New York are expecied ia Rio so0n. MONSTROUS FRAUD UNMASKED CONTINUED FROM PIRST PAGE. closely howo to the railroad omployes the figures quoted will bo for the stite of Ne. braska alone. According 1o the official report submitted to the State Board of Transportation by tho B. & M. Railroad compuny in Nebraska, th company had for the year ending Juno 30, 1802, upon its lines in ‘this stato 6,585 ¢ n ployes, classificd as follows: Grneral officers, 43; woneral office cler o7 on agents, 264 ; enginomon, 256 men, 247; conductors, 174: other trainme 813; muchinists, 246; carpentors, 4% othor shopmen, 10107 section foremen, 831! other ackmen, 1407; switchmen, flagmen_and watchmen, 248; telegraph operators, othier employes and labor: Cutting off the gencral clerks, telegraph — operators agents and we still havo in scrvico over 5.000 men in Nobraska alone. 1t is safo to assume that a largs majority of these men are members of the Butlington Volunteer Relfef denartment. Ac Tho Nebraska tion the best man Accidents are fower and | Ci- dent secms to have been reduced to the min imum. But even under these favorable cir cumstances the number of deaths and injur ies among the employes malkes it more than absolutely certain that the B. & M. can woll afford to' pay &8,000 even to insure itself against linbility for damages on its Ne- braska lines alone, For the year ending Juno 30, 1502, the ofi- cial record of employes killed ‘and woundc on the B. & M. system in Nobraska was us follows: Ficemen killed, 11, injured, switchmen killea, 5, injured, 19: other em 1 killed, 7, injured, 9; total kiiled, 24; injured, ‘The liability of the railroad company for the death of one of its employes has been fixed by law and precedent at & 000, Here is a total death ilabihty in Nebraska alone of $115,000, without taking into consider: tiou the liability for injuries. The difference Detween $35,000 and $115,000 would make the Burlington Volunteer Reiief department a most paying investment for the Chicago, Bur- lington & Quincy Railroad company, oven if its operations included but the state of Nebraska. How much greater must be the profit when it is taken into consideration that for the 38000 exvended by tne rail- road company in one year represonted tho death liaility for 25,000 employes in six of the greatest states of the union. For the year ending June 30, 1801, the ofticial reports of accidents on the B.'& M. in Nebraska show that nineteen employes were killed and thirty-one injured. Heroe is a death liability of §05,000 in the first year after the department was organized and” be- fove its operations had become so widely ex- tended. officers, ofce and station ‘tive operating v in the countr, bility to a Some Practicnl Examplos. The large number of cases commenced in the distriet courts of Nebraska by employes who have been injured while in the servi of the company or by the heirs or legal rep- resentatives of employes who have been killed while m such_service, prove beyond a question of a doubt that the practical work- ings of the dopartment are not understood by its contributing members. In_every one of these cases filed by employes the railrond company falls back upon the technical clause in the application for membership which seeks to bind the employe not to com- mence a suit for damages. In these cases the relief department has pleaded that it has no legal existence, that it cannot be sued, that it cannot be summoned into cour There are cases on record in which it ha been established that the membership of employes has been canceled just before their death had ovcurred and ufter the awhorized agents of the company had col- lected the dues and assessments. There are cases on record in vhich the relief depar ment has declined to pay tho beuefits to which the employe was entitled because he had commenced a suit. ‘There ave also cases on vecord, cases 1n which the railrond de- fends itself from the legal liability to its em- ployes because the employes in question were meimbers and contributors to the reliof fund In fact, the law dockets of the state and dis- trict courts are plentifully svrinkled with cases in which the Chicago, Burlington & Quincy Railroad compauy uses the relief de- ent to shield itself against the fatal ss and neglect of its oficers and The following aro only sample cases taken from the records of the courts in Lancaster county and from the files of the supreme courts, Thoy will convinco even the most prejudiced friend of the railroad company that the relief department is not what it actually purports itself, but that it is in reality a device for the protection of the company itself. Death of Engineer Pennington. Hundreds of the employes of the B. & M. will recall the circumsiances surrounding the death of Louis Pennington, which oc- curred between Havelock and the city of Lincoln on the early morning of February 3, 1802, Pennington was one of the company’s best engineers and was deservedly popular with his fellow employes. On_ the morniug of his death he was pulling a heavily loaded freight train from Omaba to Lincoln, Another tram had passed over the line & fow hours before. A brake boam on one of the cars ahead fell from position, caught be- twoen the wheels and spread the rails, doing 1o other damage. No uttempt was made to vepuir the damage:the company ofticials claimed that it was unknown to them until after the disaster in which Pennington lost his life. Pennington came over the track at a moderate rate of speed. 1t was an early winter morning and there was not light enough to euable even the most acute ob- server to notice the slight spreading in the rails, fis engine jumped the track, bumped over the ties for a few feet and then toppled over into the ditch. Pennington was in the act of reversing his engine when it ove turned, He was jammed botween the en- gine and the tender, crushed and scalded so badly that he died within a fow minutes. Left a Dependent Wi Ponnington lefta young wife and two little children in almost destitute circum stance His widow commenced a suit for damages against the Chicago, Burlington & Quiney Railroad company, fixing the amount at 5,000, L “The railroad company promptly came mto court with the stereotyped and well worn defense that, inasmuch as Pennington was a member of the Burlington Volunteer Ke- lief departmeat, his widow had no grounds for action against the company for damages In their answer the railroad attorneys set up that Peunington’s death was in no’ wise the result of the carelessness or negligence of the company; that Penninglon wasa member of the Burlington Volunteer Reliel partment, having made due and regular application to become such a member on November 25, 188; and that in consid tion of the agreement of the railroad com pany to guarantee the necessary funds for the” payment of the expenses of operating the relief department, Pernington con tracted to release the railroad company from all liability on acoount, of any accident ho accopted the benefits du b by 1y of said accident. Then the attorneys t i to the fact chat on February 42, Mrs Pennington made application 1o the Burdir ton Volunteer Relief department for the su of §750, that being the amount due her by reason of her deceased husband's membe ship in the department. Having accept this amount the eminent legal gentiemen veproseuting the vailr pany insisi that the widow of Louis Pennington lias uo further claim upon the company and they therefore ask that the case be dismissed, at the widow's expense, of course. Oase Flagrantly Misropresonted. But in this one case, at least, the carefully prepared answer of the legal talent falls short of the truo facts. The defense might huve been more plausible had it not been for the zeal of oue Kdward Bignell, the company’s division superintendent at Lincoln, who, in his anxiety to protect the company from a possible damage suit, spoiled the calcula- tions of the array of legal talent behind Lim. I uspires, according to the sworn aMdavits of Mrs. Pennington, that on the day that her husband met his death certain rties unknown to Ler called upou her and | nformed her that there was some sort of | insuraace lu some sort of & relief department upou the life of her husband At that time, before she had had opportunity ' to investigate the | facts, and while she was so overwhelmed with grief because of the death of her hus- band, and before she was informed of the terms and conditions of his mewbership or of the terms of the applications for wember- ship, these unknowu parties left with ber the sum of $100, &8 they sald, to assist her in the funeral and burial expenses. There is nothing in the records to show that Bd Bignell had any eonnection with the parties who so promptly advanced the £100, but subsequent facts scom to indicate that he wot wind of the matter very shortly after. wards. Samplo of Dignelt’s Zont. On February 12, a fow days after her hus- and's funeral, Mrs. Pennington visited tho B. & M. depot at Lincoln to_make arrange- s for the shipment of her goods from Omaha to Hastings. While at the depot d Bignell made her a tonder of $350 and de. manded of her a signed paper roloasing the railroad company from any and all liability bucauso of the nogligenco of the company and its cmployes in_causing her husband’s death. M anington swears that she positively refused to accept the money and sign such a reloase, but on thecontrary that she told Bignoll that if he had any monoy bolonging to her she would take it and vo. ceipt for it, but that she would not releaso the company from its liability to her and her children, but would hold it responsible. Thereupon Bignell paid her #650 and she re ceipted to him for the amount with the ex- press understanding that it was not to bo in settlement of the claim for damages against the company. The case court of 1 One of the cases now pending in the dis wrict court of Lancastor county is of thun usual importance, for it involves the question of the validity of the “contract which the applicant for memborship is claimod to mako. It is entitled Charvity 1. Moore against the Burlington Velunteer Ro lief dopartment. In her potition Mrs. Moore cites the following facts On or about September 1, 18 Harey Moore, was in_the emplo Chicago, Burlington & Quincy railr brakeman. - During that month ho made ap- ication in writing to the Burlington Volun. teer Reliof department to become n mewber and 1o be assured by tho said dopartment. His application was duly accepted and he becamo a member according to the rules and regilations of the department and continued to remain a member until the time of s death Iu consineration of the payment of the sum of §2.25 in cash by Harry Moore and the further sum of $2.95, payablo each month after Septomber 1, 1891, 48 a preminm dur- g the continuance of such cmployment, the Burlington Volunteer Relief department executed and delivered to him a certificate of membership in writing and thereby us sured his life for &00. It strike the reader that 28 per annum is a tty heavy premium for o lifo iusurance policy of but £00, but that is the amount that the employes of the B. & M system pay for theirassurance, and they pay it 1o a company thatdoos business practically outside of the law. Killed While on Daty. On November 11, 1801, while still in the employ of the Chicago, Burlington & Quincy ruilroad and while in the discharge of hi duty, he was by the neglizence and carcless ness of the railroad company, according to the allegations in the potition, killed with out any Tault or negligence upon his part Ho loft surviving him his mother and six brothers and sisters, all_dependentdupon his support. His mother, Charity Moore, wus appointed administratrix of his estate. Sho filed her claim for the amount of the insu auce due her son's estate by reason of his membership in the Burlington Voluntcer Relief department. The department de- | clined to pay the amount of the poli and for this reason Mrs. Moore brings suit ugaivst it the district court of Lancaster county. When summoned into court the_attorneys for the Ch Burlington & Quiney ri road moved that that compauy real party defendant in the case cause it was the real party in_ interes defendant and, second, because the Burling- ton Volunteer Relief department was not a company or corporation. Denled Its Legal Kxistence. Accompanying this motion are two aftids vits. T. M."Marquette and J. W. Deweese state under oath that the Burlington Volun- teer Relief department is not a corpor: or company; that it has no entity or exist- ence cither as o person, company or corpori- tion that can be sued. The second afidavit is sworn to by Joseph Seroggs, the surgeon and physician representing the department and the man upon whom the pavers in the case were served, He swears that hie is not an officer of the department, cashier, trcus- urer, secretary, clerk or_agent, and that the | Burlington Volunteer Relief department is | not a company or corporation, but is simply | a department, as its name implies. of the | Chicago, Burlington & Quiney Railroad com- pany Notwithstanding the affidavits to the e fect that the Burlington Volunteer Relicf department and that Messrs. the & lington answer in behalf of the relief department. These astuto legal represeutatives of the company, which, according to their own is now pending in tho district neaster county. er Expansive Insurance. therefore Marquette, torneys for it_cannot be sued, Dewcese & Hall the Chicago, that when Harry Moore applied for member the contract between himself and the de- | stment ; that under the terms of the contract 'he was not bouud tor ac cept the beaefits duc him by reason of his membership in the depari- ment, nor were his heirs or beneficiaries bound to uccept the same. It was merely voluntary with him or them; but by his con- | tract of membership it was agreea that in | cuse Lhe relief benefits were accepted s acceptance would be a_release and sutisfa tion of all claims for damages sgainst the railroad company on account of the injury or death. Signed Away His Rights, And it was provided in the regulations | adopted by the relicf dopartment that | should a member or his legal representative | bring st against the railroad company for damages on_account of the injury or death of such member payment of benefits from the relief fund on account of the sume should not he made until the suit was discontinued, and if such suit should be cowpromised or proceed to judgment all claims upon the re lief fund for benefits on_ account of such in jury or death should theroby be precluded. Haviog thus luid the foundation for their defense, the attorueys cite the fact that Harry Moore vas kitled in an acc for which, of course, the railvoad company was in no wise to blame. Ou the other hand the accident was the direct consequence of Moore's own carelossness or neglivence, They then bring out the fact that Harry Moorc's mother, o February 14, 1891, comi- nced suit against the Chicago, Burfington Quincy Railroad company for the recover wages on account of the death of hor Tho suit was tried and Mrs. Moore ured a judgment against the railroad company for §0) and costs, which judgment and costs the railroad company duly paid. In conclusion the corporation counsel allege thut Mrs. Moore , haviug brought and won hev suit against the railroad compauy is estopped and forever parrgd from jrose: | cuting and maintaining th action com- | menced by her against the rolief depari ment. This caso 1s siill pending in the dis trict court. Under precedents already o8 tablished the case will alimost certainly be decided against the reliof department and it will beyond question go tothe suy sourt where the yalidity of the peculiar form of contract which the members of the relicf fund a iived o sign will be Lested, and thus furnishing another and an additional incentive to the railroads for desiving a supreme bench entively complacent Lo their Purpose Dolng an Ilegal Business. The Burlington Volunteer Reliof depart ment is unguestionably & mutual insurance company, It is s0 considered by Insurauc Auditor Babeock, Who gives itas his unof- ficial op; that the department is noth ing morc nor less than & mutual company doing business of accident nsuravee It has a prescribed setof regulations for the ans: | action of business. It bas a medical durector and maintains a full corps of medical ex- amiuers. It furnishes blank applications for membership, requires all members to submit 10 a rigid examivation, it issucs & policy specifying the amount of sick aud accident benefits to which the holder shall be entitled and the amount his beneficiarics or hieirs shall be paid in the event of his death. It collects monthly dues and usse ments. It employs acenls aud solicilors, | In fact,it corresponds with any other mutual accident and life insurance company doing business in the state Loaay. Insurance Auditor Babcock was asked his opinion of the relief cepartment today, Ho stated that the question had been refcrred | tonhim scveral times recently and he has uot a company or corporation | Bur: | Quincy, come into court with an | r aflidavits, has no legal oxistence, maintain | ship he agreed in writing to ail the terms of | | walter is being given tho mattor considerabla thought was clearly of the opinion, consulted logal advico, that the Burlingion Voluntoer Reliof department was a mutusl insurance company, and that as such i should bo compellea to comply with the Ia of the state of Nebrasks, Requirements of the Law, The insurance laws of Nebraska ave very rigid, and permit of no unsafe or question- able business mothods. Mutual companios are required to bo incorporated under the 1aws of this or somo other state. They must have a capital of at loast $100,000, secured by 1ten on estate worth at cash valua- tion at least five times the amount of said capital, They must file with the auditor the act of incorporation, together witha written Instrument “under soal of said company, sigued by the president and secrotary under oath, certifymg that the company is pos- sossed of the requisite capl 7 The Burlington Voiuuteer ment complies with nono of quirements . Byits own statoments made under o it has no legal existence in Nobraska ot other state.” By its own statements it has proved that it is maintained by the railro company for its own protection. It charge its mombers move than doudle price for in- suranceand deprives them of their benofits i thoy avail themselves of their rghts under tho laws. 1L reserves the right to terminate the fosuranco at auy time without giving the employo any opportunity for redress, 1t ctically compels employes to become con- tributors to the relief fund And to cap the climax it is now seoking by numerous casos on file to have thesuprame court logalize not only its oxistenco. but its contract with fts mbers by which they are required to sign way thoir rights under the statutes at tho dictation of the railroad managers. TEN LIVES LOST. o without having Relief depart- the above re- Awial noe of a Party of W 1 New York Bay NEw Youk, Nov. 4.—~Ten hves were lost by the capsizing of a yawl in the lower tay about 1 o'clock this aftornoon. The unames of the drowned aro: JOUN CROSBY of No. 5 Beach stroot, New. K. CHARLES DRUDE of the Twonty-sixth ward, Brooklyn. % EDWARD RENNY of Now York, BENJAMIN MCGUIRE of New York. THOMAS HOBY ofBrooklyn. CUHARLES SMITH of Brooklyn JAMES MALLOY of Brookly ALBERT NORMAN of Tonipkinsvillo, 8, T, LEONARD WANZER of Amily JOHUN LOMB, Twenty-two mechtinies and laborers om- ployed by the contractors who are work- lng on the new bridgo on Hoffman island cmbarked in a thirty-foot yawl shortly after noou to return o their hom 'he'sea in the bay was running very hieh, but the yawl, with a double-reefed sail, successfully battled with the waves unul within 400 foot of the long dock ut South Beach, where the men were to disembark, The sail had just been lowered when a sudden sauutl struck the boat. By quick work the yawl was kept from overturning, but the sea washed ¢m- pletely over the era al timos All hands were set to work to bailing with their hats, the only things at hand. For a few minutes they were successful in koei- ing the yawl atloat, but a large wave steuck the boat and filled her. The yawl sunk, leaving the twenty-two men struggling in the water. The cata shore troplie was seen by people on the at South Beach. Small boats weve manned and sent out to ue the Almost at the same time o nuphtha launch was sent out from Hoffman island on the same mission, Bofore the res- cuers could reach the spot where the men were strugeling in the water nine had sauk for the he body of one was grap- pled as it was sinking by the men i one of tho rescuing boats. Charles Seveuwricht, one of the work- inen, had almost succeeded in reaching the shore by swimming when he became uncon- | scious. "He was washed upon the beach by the surf. Willing hands were waiting o re- ceive him and he was rovived. The other twelve men were picked up by the small boats and the launch was landed at South Beach. 3 BRI AFTER THE PRESIDENT'S LIFE. Mr. Cleveland. Threatene Crazed Ceank. WASHINGTON, Nov. 4.—A number of officers in citizens dress have been detailagl to guard the white house and protect the life of the president, which is supposed to be in nger from a murderous crank who is at in the city. Last Wednesday there ved in Washington a man who keeps a urant in Boise City, Iinho. His name the police refuse to divulge. Yesterday he told the chief of police vhat abous a week ago a miner who wasout of cmployment came to his restaurant and in the courso of ‘a heated discussion _about the lver question and the eficcts of the peal bill on the mining interests of the | west, declared emphatically he was going to Washington and if the repeal bill passed un- | condutionally e would kill the man whom he knew shoula be held respousible, The restauraut keeper did not know the wan, but us he disappeared he concluded it was his duty to come here and nouify the author- ities. “This afternoon he strolled up to the white house promenade and the first person ho saw was the mmer with.whom he had the ultercation. Assoon as the man saw bin heran. The restuurant keeper thought it was possibly a case of mistaken idcatity and - he ‘said nothing about it until the mnext day, when he went to tho white house and saw the samne m about. ‘Ihon he was sitistied th istaice. e gave the chiel of polic cription of the man. As u precautioniry ure a number of oficers were detailed d the white house and dotecti s for the wan. The police de they do not belic ger, by a_ Siiver full bl very quict Another Dynamite Accident, Cuicaco, Nov. 4.—Dominick Faving was killed this evening by an explosion of dyna. wite used for blasting in Rice's stone quari y Toney Caling and Michacl Prelu were ii- Jured so badly that they will d What is Eciem&'xg It is an agony of agonies, A torture of tortures, It is an itching and burning of the skin almost beyond endurance, It is thousands of pin-headed ves- icles filled with an acrid fluid, ever forming, ever bursting, ever flowing upon the raw excoriated skin, No part of the human skin is exempt. It tortures, disfigures and humil- iates more than all other skin diseases combined. Tender babies are among its most numerous victims, They are often born with it, Sleep and rest are out of the question, Most remedies and the best phy- sicians generally fail, even to rel sve, If CUTICURA did no more than cure Eczema, it would be entitled (o the gratitude of mankind, It not only cures but A single application is often suffi- cient to afford instant selief, permit rest and sleep, and point to a speedy cure, Cuticura works wonders because it is the most wonderful skin cure of modern times, Bold lhmu’houl the world. Price, Cuv VN 80c.; Boar, 20c ; LLESOLYENT, 1, Tk D AND Oura. Conr., bole | ou, Ad o5y 1 $0001 e Bl aud lood * wiaiied 4