Omaha Daily Bee Newspaper, March 25, 1894, Page 2

2 frrevalent and immaterial The Court—What was said? Mr. Simeral—-Note an exception. A—If I remember it, he was looking over the appearancs docket of the court, and he turned to this Jardine case, or was about to, and he spoke to me concerning it and in reference to the defendant in the case plead- ing guilty, and asked me If thero was some wpecial influence, or some special pull, or some words to that effect—I don’t remember Just the word ho used—by reason of which he had the sentence susp Q-—-What did you say to him? A-—I told him there was not; that I thought it was a desorving thing to do; that the court did just what he should do in the case. Q.—What did_you say to him about the course pursued in reference to the case of Jardine? A.—I sald that the court had ¥poken to me about the matter and had told me about what he was going to do, and I thought it was a wise thing. Q.—That, you say, was on the 9th day of this month, after the disposition of the Jarding ca Mr. Simeral—That is objected to, as records are the best evidenc The Court--Answer the quostion Mr. Simeral—Note an objection A.—It was the day, your honor, in which action was taken in the Jardine case. I don’t remember exactly the date. Imme diately after the action was taken, before I left the court house. The Court—Cross-cxamine, if you wish to, Mr. Defendant Judge Duffie—I wish to inquiro at this stage of the proceedings If you Intend to allow the defendant to be represented by at- torney. The Court fnsompetent, the You heard what I said, didn't he should be Duffie—You said that that b represented, if 1 remember bo so represented Didn't you 80 should The Court sald now? Judge Duffie—I understood your honor to address yourself to the defendant The Court—I did, sir. I said, “Tfave you or your counsel any questions to ask? Didn’t you so understand t? Judge Duffie—No, sir; I did not. The Court—You should have heard it. fudge Duffic—1 beg your honor's pardon. The Court—Granted, sir. Cross-examination by Judge Duffie: Q—Did you have a talk previous to the talk you had with Mr. Percival, with him and Mr. Haynes? A—The two gentlemen came to my offlcs, I belleve some time 1 don't remember whother before or after this action in the Jardine case. Q—You had a conference with them to gether about that case, did you not? A Yes, sir. QI8 it the same have related here? A.—No, sir. Q.—What, if anything, was said about the —It was previous to The Hee—to the publication of this article, was it not? The Court—You need not_ answer the question until the interrogation is put to you by the court Judge Duffie—Note an exception. Q.—In that conversation, to which 1 have referred, at which Mr. Haynes present, wasn't it had in reference to the matter of the letter published in The Bee—or the artiele published in The Bee, or the letter by you published in The Bee? A.—1 think it was in reference to a letter I had sent. This is what it was, when I come to think about It: I°had sent a communication to The Bee with reference— The Court—What conversation alluding to? Judge Duffie—To the conversation with Mr. Haynes and the defendant. The Court—I was only interrogating you on your conversation with the defendant. Confine yourself to what was examined upon in chief. I asked you nothing about a con- versation with Mr. Haynes. Mr. Simeral—It is the same transaction. The Court—I have ruled on it, sir. Judge Duffie—Note an exception. Judge Duffie—DId you In that conversation express surprise that the plea of guilty should be allowed in that case? A—Which case do you refer to? Q—The Jardine case. tion I liad at my office? The Court—You will not answer anything about a conversation you had in your ofiice until I examine you about that. Judge Duffie—Note an exception. Tho Court—Your exception goes down as a matter of course. Judge Duffie—You had a conversation, as T understand it, with the court, as to the best method of proceeding in this case of the State against Jardine? A—Well, the court told me what his views of the case were, as I sald; yes, sir. Q.—Was that before or after the plea of gullty was entered in the case? A.—[t was before the plea was entered. Q.—Who was present at the canference you had with the court In reference to that matter? A.—Judge C. R. Scott and myself. Q.—Any one else? A.—No, sir. Q.—Where was that conference or conver- sation had? A.—In the judge's private room. Q.—Was any conference had between you before the plea of guilty was entered? A.— 1 say it was before the plea was entered, Q—Was Mr. Jardine or any member of his family present? A—They were not Q—Had they been before that time? They had not. Q—You had not seen them to the case? A—I never saw Mr. hear just what I conversation that you are you A—In that conversa- A in reference Jardine, e e e e NUMBER 3. 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Mail should be addressod to DICTIONARY DEPARTMENT. sr., not Mrs. Jardine, nor the children, nor any one except the defendant and his brother in my life, that T know of, and I hadn't seen efther of them for six months previous | to that conversation Q~You say you advised with the court in relation to allowing the defendant, | Jardine, to depart? A-To be released upon bond until the September term of the ecourt. Q--Did you at that time know of A se tion of the statutes of (his state which pro- | vides that In case of a ples of gullty the plea shall be entered upon the indictment | and the accused shall be placed In the cus tody of the sheriff until sentence is pr nounced? A—I don't know; I think there is a statute of that kind Q-1 asked you if you knew of that stat ute? A—I hadn't read it in reference to this case. 1 have a general recollection of a statute of that character. Q-—Since you have been prosccutor you have had several pleas of gullty entered, haven't you? A-—Yes, sir; quite a number of pleas of guilty. Q—And you have taken pains to in- struct yourself with reference to your duties upon the entry of such a plea? AT always try to perform my duty. Q-—-Did read the code or this statute in connection with such cases? A-I have a general knowledge of a statute of that kind being upon our statute books. Q ou, at the time of your conversa- tion with the court, inform the court that he had no power to release the defendant upon the plea of gullty, but that he must remand him_to jail until ‘sentence was pronounced? A—No, 1 did not call attention to any thing of that kind. 1 was simply looking after my part of the duties of this court, and relying upon the fact that Judge Seott would attend to his part Q—Isn't it a part of your duty to advise the court when called upon by the court as to what the statute or the law of the case is? Isn't it a part of the dutles of your office to investigate those very things, Mr. Kaley? A—Possibly. Whenever the court asks for an opinion or to Investigate an [ have always tried to comply with request Q—DId he ask you to Investigate this mat- ter? A—He did not. Q—How did it come, then, that any confer ence was had between you with reference to what was best to be done in the case? A—It was more on the question of facts sur- rounding the case than it was a question of law. There was no question of law raised, as I recollect it now. Q.—How d you ascertain the facts? A.— Well, I don’t know. There is a number of persons had spoken to me abous ‘this case who knew Jardine and who knew his family and the family connection and so forth, as they do in a number of cases. His attorney had spoken to me about It and told me what he knew about it. Q.—Who was his attorney? der. Q.—You had already tried one jointly in- dicted with this man for the same offense? A.—One of my deputies had conducted the case; it was tried under my jurisdiction. Q.~Then the full facts in relation to the matter had been ascertained? A.—They had, yes, sir. Q.—And the man who was jointly indicted and who was the servant of this ‘man Jar- dine was already sentenced to five years in the penitentiary, was he not? The Court—You need nol angwer that. You have gone as far as I will permit yon to go. You are going outside of the exam- ination by the court. = This is a question as to whether what this defendant wrote is a contempt of this court. It Is to that that you must confine yourselves. You cannot o out of that. Judge Duffie—I do not wish honor please. The Court—You cannot ask this question. That is ruled on. If you have any other questions to ask, I will pass upon them. Judge Duffie—Note an exception. Q—Who tricd the-case of the state against Smith, jointly Indicted with this defendant? The Court-—You need not answer that. ; Judge Dufle—Note an exception to the rul- ng. Q-—-Did you know of a statute of this state in the criminal code which made a defendant who had been convicted a prisoner of the state, and that the state should pay the charges of his keeping? A-—Yes, sir. Q—After conviction? A—Yos, sir. Q—Did you call the attention of the court to this statute in advising him about the matter? The Court—You need not answer. Judge Duffie—Note an exception, Mr. Re- porter. That is all, then, if your honor please, The Court—There is one matter I over- looked, Mr. Witness. Did you have any conversation with the defendant and one Mr. Haynes, when the defendant and Mr. Haynes were present in your room, with reference to a communication that you had sent to The Bee—relative to the article which you refer to? A.—VYes, sir. Q—When was that conversation with reference to the disposition of the Jardine case? A.—Well, it was some time after- ward. It was after this article to which T have referred was printed in The Bee and I had written a reply to it and had sent it over to the editorial rooms of The Bee for publication, and the next morning—I sent it over in the evening—and the next morning Mr. Percival and Mr. Haynes called at my office with the article I had sent over there in_their charge. Mr. Simeral—Mr. Kaley— The Court—Only one attorney will cross- examine. Judge Duffie—What was that conversa- tion, Mr. Kaley? A.—In (his communica- tlon’ I sent over I ended the communication up with reference to the article In which T sald among other things that the article was a libel upon the court in my article, and Mr. Haynes wanted the privilege of erasing that phrase that I used in that con- nectlon, stating It was a libel upon the court —that this article was a libel upon the court, and wanted my permission to change that, and 1 granted that permission. Q.—Is that all the conversatior Mr. Simeral—Answer that yes or no. The Court—I have already that but one attorney will cross-examine. Mr. Simeral—l was merely making suggestion. The Court—Well, you keep still. Judge Duffie—I asked it that was all the conversation you had with reference to that? ATt was. Q—During that conversation, didn't you say to Mr. Percival and Mr. Haynes that | you were going right on to try the Jardine | case when the plea of gullty was entered? The Court—You need not answer that. I called out na conversation. Mr. Simeral—You asked about a con tion? Tho Court—No, T did not. Judge Duffie—Then what was the use of your honor's question, if it was not for the purpose of bringing out a conversation The Court—Mr. Reporter, have you any conversation there called out by the court? The Reporter—I think not. The Court—I have not asked for any con- versation Judge Duffie—Then that it all, your honor. Witness excused. The stenographer of Judge Scott's testified to an_ immaterial conversation had had with the defendant. The Court—Some time before in_question was written— Mr. Simeral—Is your dence now? The reason I ask, I should like to have the record show that your honor was not SWorn as a witness in the matter. hat is all 1 ask for. The Court—Take please. Mr. Simeral—Note an exception The Court—The court knows of its own knowledge that the defendant is and was at the time, on the 9th of this mouth, at the time of the disposition of the Jardine case, and at the time or on the date on which the articlo appoared, that the defondant, | Washington D. Percival, was the reporter for this room, to-wit, the eriminal branch of the court, for The Omaha Bee, morning and evening edition; that the defendant had told the court on several occasions that it was his business to report the proceedings of this court to The Omaha Bee, a newspaper pub- lished in tho city of Omaha at that time; and the court knows that the defendant was personally present and had been personally present from day to day taking notes of the proceedings of this court, the criminal branch of the district court in this county. Mr. Simeral—May we read our answer now? The Court—No, sir. The court now Introduces in evidence a copy of The Evening Bee of March 8, 1894 particularly the article on the last column of the first page of The Evening Bee of that date. It Is recelved In evidence. Mr. Simeral— Note an exception Mr. Burchard, a reporter for the World Herald, was cailed by the honorable court hing the A—Mr. Cal- to, it your the you can't do it. Now court he the article honor giving evi down my statement, [ tor the purposs of showing that Tho Bes is THE OMAHA DAILY B A paper of general circulation, QDo you know whether The Bee is gen- erally circulated here in this eity? Mr. Simeral—Of your own knowledge. A~1 know It has some circulation; the extent, 1 don't know The Court—Of course to be as large as the World- has a general circulatic ntly, do you? A-—Yes, Q-Both morning and evening? sir; Witness excused The Court—I wish to state further that The Omaha Bee is a newspaper circulated generally in this county, and that the edi- tion called The ening Beo of the 9th was circulated throughout the city and in the county of Douglas, in which this article was published, and in and around the court hou: Have you any evidence? | Mr. Simeral—Yes, yourhonor; this is the answer of Dashington D. Percival in this case The as to we don't rald u see it expect it but it fre A—Ye Court—You ecan’'t read It. 1t you have any evidence I will hear you. Mr. Simeral—This is evidence. This an answer, which under the rules of the court Is admissable. The Court—Have you any evidence? Mr. Simeral—We only have this answer which 1s a complote and absolute defen: in this case. The Court—You ean't read it. Mr. Simeral—Your honor will note an ex- ception for not permitting us to read the nswer of the defendant, which is sworn to. Judge Duffie—And offering it as a full Justification of the charge. The Court—The court these proceedings for any other purpose than to protect one of the institutions ordained by the people, organized by the people, the soverelgn authority of the state for the protection of life, liberty and property. Had this article reflected upon the personnel of the court—if it had ended there [ should have taken no notlce of it I can not stop the court for the purpose of vindicating the personnel of the cour 1 can not do that I will not do it. No matter what any one may say on the streets about Judge Scoit. Judge Scott, as judge of thus court, will take no notice of it. I was not ~iected to this position for that purpos 1 was elected to this posi- tion for the purpose of administering the law honestly, equalic and fairly to every man, black or white, nigh or low, enemy friend or foe, and I heve done that. I can lay my hand on my heart (patting his shirt bosmo) and say I have never varied from that, 1 do not believe I nave got an enemy in the city of Omaha that would accuse me of it. I do not know how—I try not to do it, because I should be violating my own se of right. The people elected me here forthe purpose of protecting this institution, this court in which the people’s rights are passed upon, where life itself s the stake, life, liberty and property. Now, there Is no other way, no matter, so long as the people have confidence in the integrity and honor of the court, no matter what may be thought of the personnel of the court—no matter, so long as the court has the confidence of the people that there will be no corruption there, so long will the liberties of the people be safe, but when the court is dragged into the filth, when an institution that is the only in- stitution for the administration of right and the prohibition of wrong—the preservi tion of the rights of the people, so long that institution is kept above reproach, so long will the liberties of the people, their lives, their property, be safe. Whenever that fails, human life, human liberty and human property is at the mercy of the mob. has not instituted | the Judge And the people demand of their judges— they have theright to demand—the law de- mands and the oath of the judge demands that the judge of a court shall see to it that the honor and integrity of the court 1s not dragged into the slime and filth of personal matters. Now, there are two kinds of contempt, di- rect and constructive, and the question hero is, docs this article—that is, this article that was published in The Evening Bee of he 9th of this month, s that calculated to bring the court—not the judge, but the court as an organized body for he administration of law and the protection of life, liberty and prop- erty—is the court brought into contempt, ridi- cule and disrepute? Let me have that paper. Now, let me read: ‘Justice without equal- ity. 'Sentence adjusted to fit the man, One party to a crime gets a five years' sentence in the penitentiary, while the other gets tho benefit of a qull’” Those are the headlines. “Persons who were around the criminal sec- tion of the district court yesterday after- noon’—that is this court—"witnessed a strik- ing illustration of what it is to be possessed of ‘a pull. These same persons were also given an illustration of how easy it is for a man to keep out of the penitentiary if the pull Is worked for all it is worth.” What does that mean? That only means one thing. It cannot be understood by any man sane enough to be out of the insane asylum to mean anything but one thing. It means that this court is corrupt, and was corrupt in that case, in that it adjusted the sen- tence in the disposition of that case, and the sentence of criminals in other cases, according to a pull that the defendant had on the court. What does that mean? It means that some criminals have an advan- tage of the,court, by money or some influ- ence of some kind—a power that other crim- inals have not got; hence those who have not got them go to the penitentiary, while those that have those pulls stay out. If these things are so, as 1 said the other day, If these things are so, it these facts are true—if any man brought into this court has a pull on the court which determines, outside of justice and right whether he shall go to the penitentiary or whether he shall stay out of the peniten- tlary, and if he goes to the penitentlary how long ho shall stay there—if such corrupt in- fluences are practived in this court, you owe to yourselves and to the people of this city and this county to immediately prefer charges against this court for being corrupt and have him removed. You owe it to your selves if that is true. I am not it to sit’ here—no man is fit to sit upon the bench, and that is corrupt—no man is fit to sit upon the ecriminal bench or any other bench of a court that will measure out his senten on account of some pull that some people may hnva on the court. Tt is corrup, and just as corrupe as taking money. If John Smith is brought lere on a criminal charge and this court favore him because John Smith is a friend, the court is just as corupt as though John Smith had paid the court for favoring him, and it it a violation of the judicial vath of any judge to do it, and not only that, but perjury, corruption, black perjury, for any judge to do it. So far as that article is con- cerned, it might just as well have charged that the court was paid for sending some men to the penitentiary and keeping others out. It might just as well have charged it; that is what it menas; it cannot mean anything else. 1 stand squarely on the re men. Don't imagine for one momient that there Is any white feathers turned on by this court; don't nagine it. 1 _don't fear nothing while I am doing my duty. —Don't imagine for one minute that because it was published in this same paper the other day that It would result in my being removed from this bench—don't imagine for one moment that you have any terrors for me while I am doing my duty. Don't imagine it for one moment. Don't hesitate on my account, if you know anything corrupt on the part of the court, don't hesitate a minute. The records are open to you: they are open for inspection. - If this court has done anything corrupt you owe it to your- selves to put the machinery in motion to see that | am removed from this beneh, but 1 want to serve notice on me.that you will not remove me until you do it. You can't remove me by slanderous articles; you an’t do that; nor you can't. frighten me; not a bit. 1 am here tryiug to serve the people, not any oné man This court belongs to the people; it don't belong to auy one man because that man may happen to run & nowspaper, or be causo he happens to be a reporter on uewspaper. This thing has been running on me now about two years. - Don’t desist for one moment, becauso I don't lose one wink of sleep because I am attacked, not one. 1 know I am right, and when & man knows he is right he should not fear the devil and his angels, and I don't fear the devil and his angels. Now, I have the law on my side in this this case. 1 delayed this matier for several days because I did not want to be hasty about it, but I didn’t delay it with the inten- tion of not taking notiee of It. I don't know, [ have heard of such a thing as fear, but I never learned it; I don't know what it is; I don't know what it means. You can Ko out, as was done by one of the attorneys In this case—go out on the street and say that Judge Scott should resign, and it ho don’t, we will make bim resign, we will re move hin You may do that; that don gentle make any difféFefice, not a particle. T go home every night and hear the same thing along the stre@ and get the same thing trom every souRg but I can't bring those fellows up for coempt. Now, when I say | that 1 mean jug@what 1 say exactly. An | attorney at lawf part of the court—a sworn | officer of the eMurt, who will go out on the | street and talk that he is going to remov he should resign, for we are going | to remove him anyway—as if ho could undo | what the people have done. The people run | this country, awhule it, but In this state sometimes they rlook that fact A terrible state of things for one member of the bar to go and raise general havoc | with the court {because: he don't like the | Judge of the l‘mth that would be a terrible thing. But it @n't annoy me a bit, not a bit. T am perfectly easy. I have not missed a meal in two years, nor lost a wink of sleep, and 1 don't fntend to, and I am going to serve my term aut, Do you understand? Here is a case published in this G4th T1li nois which says this: That there are two kinds of contempt, direct and constructive. A diroct contempt is one offered in the pres ence of the court, whila sitting judicially; a constructive contempt, one which tends 'to obstruct or embarrass a court, though the act be not done in its presence. The pub- lication of an article in & newspaper at a place remote from that where the court is belng held, concerning a case pending in the court, which had a tendency to either prejudice the public or corrupt the adminis- tration of justice, influence the court by a threat, popular clamor or to reflect on the tribunal, party, jurors, witnesses or the counsel, held, contempt of court, and pun- ishable as such by process of attachment Mr. Simeral-That case has b N« ruled, your honor. The Court—I don't want to hear from you. Will you keep stillge Mr. Simeral—Yes, sir. The Court—Well, do it. You court by your olatter, v The honorable court here read two decis- fons on the question of contempt and then continued his discourse as follows Can there be anything plainer than that? If this is true, what criminal can come in here and feel that after being convicted, either upon a plea or by a jury, that his in- carceration, or whether he should be in- rcerated or not, depends upon a pull he h or might have with the court, to corrupt the fountain of justice in the court? What man would come here, with this stace of things, and feel for one moment that his life, his liberty or his property was safe in such a court? The fact that the convention which framed the constitution had the sui- ject of contempts before them and dlaced a limitation upon the legislature, but none upon the judnciary, to punmish con- tempts warrants the concluxon that the courts have a right to exercise such common law powers as might be necessary (o preserve authority and cnforce their legal pro- e or judgiments and decrees. The citi- a right to comment upon the pro- ceedings and decisions of a court; to discuss thelr corractiess and fitness or unfitness of the judges for their station, but he has no right, under the second section of the bill of rights, to attempt by libelous publications, to degrade the tribunal. Such publications would be an abuse of the liberty of the press, for which he is responsible. If I let this thing pass by, this court would merit the unutterable contempt of every member of the bar, and of every man who uppears here as a juror, of every witness, and of everybody else that appears here in this court—would merit the utter and in- expressible contempt of the people, because leaving leaving that go by when it s ad- ressed to the court, is an admission that the court has no defonse to make. The honorable court then relieved h of a personal attack upon the defen then continued his learned follows: Of course you understand that T am not saying these” (higem with my eves shut, at all. I know jusb.what I am saying, and I know what the txeshit will be, as well as anybody. I know that the mud mills are now being prepared and will be turned loose within the Tiext™tdfir or five ‘weeks. Well, you can turn on xour mud mills, and nobody will care less nb.{fin it than I do. But there is one thing cerfatd, 1 don’t care who the reporter is, 1 don't care what paper he re ports for, If 1 carch him lying about the court, or teporting a lie, he will stay out of tho ' court 'réom, and if e does come- in, 1 can say that this gourt ig.going on running and it is going fo be protected. I have got the power to protect, 3§, and.X am going to exercise It. You can just as well under- stand that reporters who come here and un- dertake to meddle with facts In cases here- after, and write libels upon the court, or undertake to influence jurors against’ at- torneys, or reflect upon attorneys who are trying cases in this court, will be brought up, sure. Thejudgment of the court is that the de- fendant is guilty of contempt. Mr. Simeral—We want your honor to note an_exception. The Court—TI don’t note exceptions, sir; the reporter notes exceptions. Mr. Percival, have you anything to say why sentence should not be pronounced against you now? Stand up here. Mr. Percival—I have my attorneys here; I want my attorneys— The Court—L won't hear them; I want to hear you. Mr, Percival—I have nothing to say. The Court—You have nothing to say? Mr. Stmeral— WIIl your honor hear coun- cil? I think I ¢an convince your honor that the man is not in contempt— The Court—I have already decided that. Mr. Simeral—And that the law is with the defendant— The Court—I have decided that, too. Mr. Percival, did_you write. this article of your own volition? Mr. Simeral—You question The Court—You tell him that again, sir, and 1 will have a contempt against you. Mr. Simeral—I am here appearing for the rights of my client— The Court-—You have been itching to get into jail yourself. Mr. Simeral—No. client— The Court—Mr. If this man under arrest a cent. Mr article? Mr. Percival—1 refuse to answer that ques- tion, your honor. The Court—Take that down, Mr. Reporter. Why do you refuse’ to answer? Mr. Percival had' turned to speak to attorneys. “Mr. Percival, come the honorable court “I want to warn him to do this, shouted the court to Mr. Simeral, who was hurried whispered consultation client. Judge Duftte~If your honor please, 1 here as attorney for this defendant— The Court—I understand that, judge, 1 understand that; I, understand exactly the situation. Sit down.a moment and I will explain this to yow., Judge Duffie—The o this defendant gubliyy The Court—I wop't e interrupted Judge Duffie—I dgmand my rights as an at- torney. I am hergas the attorney of this defendant The Court or- annoy the nself ant and dissertion as need not answer that This gentleman is my Bailiff, call interferes again, you put him You can’t run this court worth Defendant, did you write that the sheriff. his back here,” shouted advising honorable holding u with his you against am urt has already foutid And} I 'fam here to pass upon this case and sentanep the defendant Judge Duffie—I \link the court has no right to ask the defgndant for evidence in the case now. The Court—I haye, 4 right. I have a right to ask him any guestion in regard to the crime for which hg, has been convicted. For attorneys to stand,yp. here and tell a party that he has been. semyisted or a crime—tell hmi that he need Rotanswer a question—do that again—1 megh Just what I say—Mr Sheriff, if they dd i’ again, you put them under arrest. Mr.' Pefeival, 1 now ask you again, what is the reason you refuse o answer that question? Mr. Percival—I refuse to answer that ques- tion, too. Tho Court tion? Take that stand mute, then Mr. Percival The Court—I will ¥equire you to enter into a bond for $300 for your appearance next Saturday morning, at which time [ will pro- nounce sentence upon you. The defendant s in your custody, Mr. Sherift Judge Duffie—Your honor will pleasb note an exception to the order. The required bond was given. A d b Life Prisoner Commits Sulcide. YOUNGSTOWN, 0., March 24.—James . Jampbell, convicted a few weeks ago of kill 1ng his wife and new serviug life sentence In the penitentiary, committed suicide in Juil carly today. You refuse to answer that ques- down, Mr. Reporter. You do you? o8, sir. JUST IN HIS MIND (Continued from First Page.) “The wisdom of having the national | at a small city 1s shown by the Coxe: ment. If the capitol were at New Y Chicago these movements would be frequent Parls has been in the hands of Coxeys three times," Representati Dalzell, republican, of Pennsylvanfa: “Notoriety Is at the bottom of it, and it would have fallen long ago it It bad not been heralded in the press. It will fall of its own weight." Representative McGann, republican: “There appears to be doubt as to what the pur- pose of the movement will be. A Chicago leader in it says he is coming to insist that Indians shall not be confined to reserva- tions. Coxey's purpose appears to be to have the government build roads, and thus give work to the unemployed. It s notice- able that organized labor is not Identified with this movement. Organized labor has confidence In its own ability to ultimately secure a fair share of the wealth it creates, which i all it asks, and that the govern- ment shall not extort it from them by un- necessary tax on the necessaries of life,” Representative Wheeler, democrat, of Alabama: “The movement will probably die out before the army reaches Washing- ton and nothing will be accomplished.” Representative Broderick, republican, of Kansas: “I have not taken the Coxey movement seriously. Men having intelli- gence and regard for the public good could not be induced to take part in such a con- sidcrable number as to make the mov ment formidable. In any event nothing could be accomplished by such an appeal to congress.” e Coxey Has a Riva DENVER, Mareh 24,—Bert Hamilton, civil englneer and actor, is organizing an army to €0 to Washington and demand free coinage of silver, the construction of a new railroad from the Ohlo river to the Pacific coast and other legislation in the interest of the west- ern portion of the United Stutes. He has called a meeting of the unemployed for to- morrow night, and meetings will be held throughout the week to promote the move- ment and eftoct an organization. The start will be made next Saturday or Friday, and Mr. Hamilton expects to leave Colorado with at least 5000 men and gain recruits all along the line. The army will demand free transportation of the railroac Will Not Be Recelved with Open Arms. PITTSBURG, March 24.—James E. White, general superintendent of the railway mail service, was among the passengers at the Union station today. He was on his way from Washington to Kansas City to make inspection of the service there and at other western points. “If Coxey aud his army ever succeed In reaching Washington a warm reception is in store for them,” he re- marked. ““The people of that city are thor- oughly aroused, and the authorities are not bluffing when they state they will check any demonstration by locking the intruders up. They mean to do that very thing. RACT DAL PROMISED. ‘WIIL Bragnon Promises to Make Disclosares that Will Implicate Well Known Men. ST. LOUIS, March 24.—Will Brannon, the well known horseman, met P. A. Brady of the East St. Louis track and made somo disclosures in regard to Tanner the “Ringer” recently ruled off that track. He promised that in the event of either Judge Perkins or Secretary Bd Hopper of Latonia coming to this city today, or if a conference could be arranged with them, to make a statement which would implicate in exceedingly dark transactions some men who stand very high on the turf. Brannon says that the horse caught in East St. Louls under the name of Golden Gate was Tanner. “It was in August of 1892 that I bleached Tanner to a chestnut and sold him to D. G. McDonald for $1,500," said Brannon. “McDonald knew what the horso was and run him three times at the Detroit meeting as Bill Brown, winning each time. At these races Brown was rid- den by George Richings, the man who brought the horse here as Golden Gate. I do not know just at what races and just what times McDonald has raced Tanner, but 1 understand the old gelding has won him $50,000 since he bought him. ‘Won by Six Points. BERGEN POINT, N. J., March 24.—At the Carteret Gun club’s grounds Messrs. Fred Hoey and L. S. Thompson of New York defeated George Work of New York and C. A. Macknlester of Philadelphia in a pigeon shooting match by a score of 176 to 170. Hodges ly One Beh d. NEW YORK, March 24.—The twelfth game in the United States chess championship match was won by Hodges. Score: Sho- walter, 5; Hodges, 4; d Challenge for the Champlonsh TORONTO, March 24.—Champion Oarsman Gaugaur announces he will row Harding, the English champion, three miles for $2,500 a side and the championship of the world. HUNTING FOR TROUBLE. Story of a Fight Who Invaded o Peck's Sun was quite a pli of; then people sourl rive and a new ttlement sprung up, and Omaha came into existen It was a lively place in those carly days, and mixed population could not be found the United States. of frequent occurrence and any man who posed as a tighter could get all he wanted on short notie Among the transients who visited the town at regular intervals was a ranch owner who owned a ranch on the overland trail, about 100 miles west of Omaha. He was always accompanied by a darkey who was noted for two things—good humor and a fondness for fighting. He was continually hunting for a_pretext to fight some one and when walking on the street he was always forced to walk on ahead, so his master could watch him and keep him out of trouble. The nehor Council Blufts aha was dreamed cross the Mis- visited the town on one oc- casion to purchase some supplies for his men, and ax usual had the negro who was known as Bob with him. — They were walk ing down the main street of the town with the negro in the lead. Suddenly he stopped. y, Massa George,” he asked, “did you o dat Chine¢ mah jes' go by Yes, [ saw him,” was th “Well, I'se - jes’ goin’ to out o' him." “What did he do?’asked his master. “Well, yon Kin belleb et or not, jes' as you like, but when dat yellow skin pass I seed him look cross-eyed at me, an’ I don't ‘low no heathen to do dat to me." ou are mistaken, Hob," replied the rancher, “all Chinamen are cross-eyed Am dat a fue'?" ix true. Jew' lent berry cloxe reply. lick de stuffin’ “Yes, it ‘Well, 1 was & but close time, berry nim go dis shave; & Bob stopped agaln, dere’'s na use goin' 1o lick dat heathen. Come he looked like a good lekin a powerful sight of good Now, look h Bob,” sald the rancher, won't stand any fooling. The last time you were here you got in a fight and it cost me $50 Lo gel you wway from the officers of the law. Let the Chinaman go." “Herry well, masa, but if 1 Koteh another e of dem heathen lookin' cross-eyed et me, as if he thought I was no ‘count nigger 'l cut his pig tail off sure, and use It for 2 hon whip. Now min’ boss what Ise tellin’ you. Just ‘then another and as he passed he negro from the co That was much ting everything else. ther of he exclaimed A little o *“Boss talkin', I'se to tink of it would do him Chinaman came along took a look at th of his for Bob, and he went at the ¢ 100 forget man with a yell like a wild India The Celestial yollod in fright, while Bob jumped on his back and in a moment had the Chinaman's brald of hair in his hand. One stroke of his hunting knife, and with a yell the Celestial ran down street minus his queue. “Now," said the ranchor, “you'll have to cut for home. You ha robbed the China man of his hopes of heaven and ho'll be after you," Sure onough the Chinaman got his friends and started out mount his pa and go home. On another occasion he was in Omaha and turning a corner suddenly saw what ho sup- posed was a Sioux Indian with a tomahawk d to brain him k as lightning he pulled his pistols ent three shots into a wooden tobacco sign before he discovered his mistake But he met his match one day on trafl. He saw another negro with a wagon train. “Dar goes a nigger from Alabama,'" he exclaimed What dat?"” as “Ise joss sayin' dat you abama nigger,"”" replied Bob, “An' I'Il jess bet yo back fs covered wid marks ob do whip. That was enough for the stranger and he went at Bob like a whirlwind In five minutes Bob was calling crew to take his opponent away. He never hunted for trouble again. His spirit seemed to have been crushed by his defeat, and he told his master one day in confidence “De fac’ am jess dis, any man dat will a Alabama nigger lick him, ain't it to 1ib."" e i cokiatit Wil Mak ight DENVER, March 24.—Attorneys Patterson and Hobson, coungel for the Gulf road, will make a strong fight fn the United States cireult court at Omaha Monday against the Jurisdiction of the clrcuit court judges in the Unfon Pacific-Gulf cases, contending that the district cours judges when sitting as clrouit court have as full authority as the circult judges, ' to the Ching Ming, one of the Chinese who brought 483 of his countrymen here for the alleged purpose of acting in the Chine theater on the Midway plaisance during the World's fair, has been arrested on the charge that most of these people were mere laborers and the pretense was mado that they were actors merely to get them intc the country. WACO, Tex., March 2 Richard Lee, colored, was brought to city charged with the murder of John Carter twenty-two years ago. He confesses and will locate $15,000 of buried money. - > SHELDON'S POLITICAL TOUR, John Green, alias South Dakota's Governor De tion or a DEADWOOD, S, Telegram to The Bee.) Sheldon of South Dakota arvived in Dead- wood this morning. He was met and en- tertained by a committee of business men. ‘This afternoon he went to Lead City, where he will address a moeting this evening. The visit 15 political. Sheldon desires either re-election or a seat in the United States senate, Five United States started for Plerre for trial. The most | portant one of the lot is Alex Ross, fawlting cashier of the Iirst bank of 1 City. He taking $2 ples an Indian, is charged with Kill his squaw. One prisoner is cha with holding up a mail coach, the ot with selling liquors unlawfully. weather continues cold, with oc squalls of snow. B Riker Menns Busin WASHINGTON, March damus case of Carroll H. Riker who seeks to compel ary Carlisle to rd to him all or part of the $50,000,000 sue, will probably be heard in the court of appeuls in the latter part of the May term. The appeal was filed March 7, and the record is required by law to be filed within forty days of that time. The Chicagoan_and his counsel are determined o carry the case to the United States su- preme court if an adverse dectsion |s ren- dered by the appellate court. Mr. Riker |s expected to be agaln in Washington soon to consult with his counsel, Attorney George A. King. oE e Taking Up Fradulent Warchouse Recelpts. DULUTH, Minn., March 2. . Worhes of Duluth, receiver of the Northern Pacific Elevator company, has applied to the Governor C. H ners were today The man- United States court at St. Paul for an order | mong secured directing the division in his hands. holders of $35,000 which i The secured creditors are largely eastern banks, which hold receipts issuéd by the company before it went into the hands of the receiver and for whom thes wheat. This fssue of fraudulent cates ‘amou to about 1,000.000 bushelx and the mo how in hand is suflicient for a dividend of 33 per cent. e Did Not Save i March 24.—At 3 o'clock this afternoon the jury in the case of I G. Randle, for the killing of 14 S. Randle, brought in a verdict of guilty of murder in the second degree and assessed his punish- ment at twenty years in the penitentiary The verdict was w surprise. An acquitt or hung jury was expected. The murder occurred ‘on” Christmas night of 1892 The accused {8 a very wealthy man and de ceased was a saloon keeper. Ma, has spent over $50,000 in defense of his life, and will come out with an amy wrecked. War Against CHIC March 21, the question of 4 more strict enforcenient of the edict against lumpy-jaw cattle has culminated here in the adoption of a com- prehensive rule by the Chicago Live Stock xchange, which provides striet in spection and provides a he nalty for ption of and it ix that ever will, it s The of wdopt. sim e Ch ST. JOSEPH, March 2.—John ¢, Bender a pension agent of this city and a politician f some note, who has made bimselt notorl- Beauty and Purity Go hand in hand. They are the foundation of health and happiness, Health, because of pure blood ; Happiness, because of clear skin, Thousands of_useful lives have been embittered by distressing humors. CUTICURA RESOLVENT e Is the greatest of skin purifiers As well as blood puritiers. Because of its peculiar action on the pores It is successful in preventing And curing all forms of Skin, Scalp, and Blood humors, When the usual remedies and even The best physicians fail. Entirely vegetable, safe, innocent, and pala 1t especially appeals to mothers and chilc Because it acts so gently yet effectively Upon the skin and hlood, as well as upos Liver, kidneys, andbowels. Its use during the winter and spring Insures a clear skin and pure blood, As well as_sound bodily health, Sold everywhere. Price, Cuicuna Resoive DruG AxD itk Coxr., Hoston Are mo: Women and Women Only ations of the skin and mu discove In th ete, for ous membrane or too frec proved most grateful Like all others of the CUTICURA Rims refined and cultivated everywhere as the m s0ap, a8 well as the purest and sweetest for to find Bob, and he had to | the | this | f Chicago, | & “All about the Blood, Skin, Scalp, ous by b repeatedly arrested by the government for alleged fraud, was arrested again today charged with having charged Willis Page, an old soldier, $300 to procura a pension. ' Hender I8 now under five wn- dictments fn the federal court here and 1% also under stay of sentence of a fine of $1,000, - . . LOST IN THE FROZEN NORTH, Porils that Sallors Encounter While Salling he North Pacifie FRANCISCO, March 20.-As a storm in the north e are already coming from mer Mexico having brought sualty that s something out of the ordinary run, a great lceberg having drifted upon the schooner Storm King and wrecked her. The Storm King safled from Kodlak tnder command of Captain Neal for the Choumagin islands to fish for cod. On the moring ¢ 7, while the trim little schooner anchor, a great lecherg was carrle trencherous currents ard th King, which was swept from hor and dashed upon the rocks at the Bartlett bay, where the thund soon complefed the work of ¢ “ton Captain Neal and the crew barely escaped with thelr ives, and after a frightful ex- perience and ' several narrow - escapes reached Juneau in a canoe. PORT TOWNSEND, Wash, March A private dispateh from Victoria says: The British bark Archer, bound from \ancou er to the Columbia river, was discovered abandoned off Barclay sound by the British tug Maude. thing fs Known concerning w of the derelict - King Camps. ‘h oggers in this i through their work for tl put in about 210,000,000 fect ase over the estimates of Iast fall. Because of the early snows the lumbermen began hauling Sooner than usual, and will have very few logs left in the woods on skids. Supplies for the mills, including those at Cloquet and Bruly, which, while in this district, are some twenty miles away, and the mills on the iron ranges will be not far from 0,00 feet for the summer. This Includes ex- pected summer logging and something i 1,000,000 feet left over from last y ot the total eut for the winter about 1,000,000 feet will be rafted to mills at the 'l Portage on the Canadian Paclfic road. The season will begin in about two and a few of the mills will run Sales of lumber have been light uy . and the outlook is less promis- ing now than a few weeks ago. SAN | sult of u counts of disaste Alaska, the the tidings of ro- seve ac- ate P In the I 1, Ma about winter, having at a slight inc Kusnas Pollties. TOPEKA, March (Special to Tha Be Friends of Secretary of State Oshorn at he will not be a candidate for re- nomination before (he populist state con- vention, but will enter the race for con- gress in the Sixth district The secretary 1 the congressional bee for a year or but has been dissuaded by the other officers who desire renominations, week b visited the Sixth district nd it s sald he met with ch a kind re Jtion_ und was glven 8o much encourage nt at he has consented to the use of his name for or populist candidates are: . L. Smith of Phillips county, H. " Amos of Smit W. H. Wil cockson of Thomas, C. C, Vanderventer of Jewell, Charles H. Moody of Jewell and A. B. Montgomery of Sherman, Voted Down To WRBLLINGTON, Kan., March 24.—The im« portant feature of t ay's session of the Southwest Kansus conference was the vots taken on the constitutional questior nitted the last eneral confer onl 1repre Pronositions. wtation. | The oppos 13 to 4T. The provision for reduction of the ratio of representation to he general conference was also defeated by b Lo G, G Cherokee Bonds. NEW YORK, March R. . Co., bankevs of this city, will the United States subtreasury next week $6,740,000 for th ssignment of the claim of the Cherokee nation bearing 4 per eent interest, The » of the bonds Is $6,640,- 1 000, and the f ys $100,000 premiuni, The bonds will id off in four equa installments in the years 1597, 1595, 1899 and 1900, Wilson & pay into Progress of the Little Frial OLATHE, Kan, March 24 ~Tdday's pra- ceedings in the Banker Little trial consisted of the presentation of rebuttal. testimony by the state and the reading of a deposition by the defense in an attempt, to prove the bad character of the murdered man. Over 160 witnesses have thus far been examined and it is not vet known when the evidence will be concluded, Ler 5y ed a Docrease, SW YORK, March 24—The total bank clearings all the aring hous. ex- changes of the United States for the week ending March 23 were $810,764,20, a de- 312, as compared with lust case of $284,! 6 a8 com- corresponding weel last St week, and a ‘e pared ‘with the year. Ser ts Condition. WASHIN i h 2. —-Senator Col- quitt's condition show: no perceptible change since yesterday. He had a very restful night and slept a good portion of the fime. There has bheen no recurrence of the sinking spells and the patient’s mind « Louls' Request. ST. LOUIS, ¥ A petition, signed by all the bankers and trust companies in this city and by u large number of leading merchants and business men, was mailed to President Cleveland tonight urgently r auesting him to veto the seigniorage bill, e ULD S +d an OMce. WASHINGTON, March 20.—W. T. Levy of Texas has been appointed commissioner of immigration for the ports of Quebee and Point Levas, Canada, and Halifax, N, 8. ol A PERSONAL PARAGRAPHS, Dr. McGrew and wife returned yesterday from California, wilere they have been spend- ing several wecks. Mrs, MoMillan and daughter of Shenandoah, Ln., are visiting their daughter and sister, Mrs. W. B. Van Sant Mrs. L. M. Kellerst former! Morse Dry Goods company, will now b [ at 0. K." Scofield’s specialty cloak | house. with the found and suit table, tren, n the Porrem mailed frees $i0 OINTMENT, §0e.1 nul Hair, st competent Lo fully appreciate the purity, sweetness, and delicacy of CUTICUKA SoAr, and to ¢ new uses for it daily, e prep annoyin ation of curative washes, solutions, irritations, chafings, and excoris or uffensive perspiration, it has 1Es, the CUTICURA S0AR appeals to the st effective skin purifying and beautifying toilet and nursery. -