Omaha Daily Bee Newspaper, October 17, 1894, Page 2

private rooms for consultation, where they remained for a short time, when they emerged, having decided to sit In bane at 2 o'clock in the afternoon to hear arguments Wwhy Scott should not transfer the case to the docket of some other judge for trial The work of the five judges was completed shortly after the opening of court, and after the decision had been reached one of the members of (he bench was designated as the party who should notify Scott of the action and Invite him to be present at the hearing d glve his reasons, if he had any, why a transfer should not be granted. The eriminal section of the court opened with nothing to indicate the storm which was s0ou to burst in such fury, The trial of a case had been commenced when a ballift from one of the other courts entered the room and passed a paper up to Scott This gentleman read the document, which was nothing else than a notification of th conclusion which had been reached by th five Judges upon the ubject of the removal | of the alleged libel case from the docket of Scott. Having concluded reading Scott ad- Justed his spectacles, looked abont the room and brought his clenched fist down in front of him, and ground out between his teeth the words, “Take that back to your Judge and tell him that he had better mind his own business.” OPENED HIS WRATH THROTTLE. Members of the crowded lobby were startled as the balllff gathered up the paper and slid out of the room. They knew noth- ing about what was the cause of the out- burst of temper, but they were not long in ignorance, for Scott soon opencd his vials of wrath and proceeded to spill the contents with the most reckless abandon. Elevating his voleo to a falsetto tone he stated that he had been cited to appear before the other members of the bench at 2 o'olock In the afternoon and show cause why the trial of the Rosowater case should not be transferred 10 the docket of some of his associates upon the bench This statement was like pushing a poker into a bed of hot coals, for it sent the flames and sparks to the ceiling, while some of the timid ones In the lobby sought a cover. Now and then he pounded the desk, making the inkstands, books and other loose objects dance a lively jig, while sev- eral small boys in the rear of the room smiled loud enough to be heard out in the hall. Having pounded the desk until his fist was ay red as the wattles around the neck of a male turkey, Judge Scoit remarked that he had informed himself of the delays and at- tempts that had been made to get this case from his docket. “I find," he continued, ‘‘that attorneys have gone before the other Judges to try and get them to make an order that the case shall not be tried before me. There is no law for a change of this kind, except where the case is to be taken to another county, or before the judge of other district.” Burning with indignation, or at least that 18 what Scott said was burning him, he read the application for a removal of the cause and then commented upon the men who had made the affidavits 6n which the motion was made. He omitted mention of Mr. Rose- water, but paid his respects to the others ying, “There {s Simeral,” but that was all e sald concerning this gentleman. Turn- ing his attention to the other parties, he id, *“Percival, a man who has been found gullty of contempt and sent to jail; brook, I don’t know anything about him WHAT HE PROPOSES TO DO. Having disposed of the parties who dared express themselves in the afidavits, Judge Scott flew off on another tangent and in n stage voice declared, ““We have now met at the cross roads, and I do not propose to take elther side, but instead, I am golng to tread right in the middle of the road. Here 1 am, an American citizen 62 years of age, and stand upon a broad gauge platform that will permit me to give every man a fair and impartial trial, If [ did not want 1o glve Rosewater a falr trial, the motion might bo excused. There is no law to take this case off my docket, and it will stay there. If there is any monkeying about it, some one Is going to be cited to appear for contempt, and I think I am pretty good Aauthority on contempt.”” The last portion of the remark brought out a muffled round of applause, bt it was quickly hushed, as the ballift threatened to eject & man from the room. R Continuing, the judge added, as he brought his fist down upon the Tesk with another muffied thud, “Edward Rosewater will be tried In this court if I live, and I will live if they don’t kill me. “I.was elected to perform my dutles, and I propose to stand by the people and the law. I don't propose to send this case out to three judges, as was done in the Bemis fmpeachment case, and then have them find nothing.” To show that he was a brave man, Judge Secott added most emphatically, “I fear no power but the power of the people and God, and I am not going to stand any shilly- shallying, eithe If there is any there will be some contempt cases on the docket, god I think that 1 am pretty good authority on contempt, law. “I have asked two judges outside of this district to come here and hear this case but they will not come. One did not want to be abused and the other was sent after and was scared out.” This ended the seance and the crowd dis solved into the thin air, while Judge Scott wrapped himself up In thie cloak of his own importance and remarked that he was ready to g0 on with the hearing of cases. BEFORB THE OTHER JUDGES. Promptly at 2 o'clock in the after- noon Judges Hopewell, Ambrose, Blair, Keysor and Ferguson appeared in court room . No. 3, where the five judges ascended the beneh for the pur- of sitting in" banc for the purpose of Setermining I the Bennett case should be removed from Judge Scott’s docket. As soon as the court was called to order, Mr. Simeral, one of the attorneys for Mr. Rosewater. sald that he had intended to have the files of the case before the court, but that he had been informed by Clerk Moores that Judge Scott had issued an order « that they should t be removed from his office. ‘Mr. Balliff,” remarked Judge Hope well In his usual quiet way, “you will tell the clerk to produce the files in this case.” Soon after this order was issued Mr. Moores entered the room to state that most of the files in the case were in the possession of Judge Scott. “Mr. Clerk,” sald Judge Hopewell, “You will ascertain where these files are. See if you can get them and then report your suc- cess. Soon Clerk Moores returned to say, “‘Judge Beott tells mo that he is busy examining the files and you cannot have them. Ho says that be wants no Interference with his dutles “Mr. Simeral,” sald Judge Hopewell, after he and his associates had conferred for a fow moments. “‘You may read your mo- tion and make your statement.” Mr. Simeral read the motion for a transfer of the case, the same as Is printed herewith, after which Judge Hopewell asked, *Mr. Day, aro you here representing the state?”’ “I am,” answered Mr. Day, the assistant county attorney. *“I will say this,” remarked Judge Hope- well. “The motion In this case for the weason assigned Is a delicate question to pass upon. The motion, however, has been made, and, like every other motinm, is en- €ERIES NO. 39-40 THE AMERICAN ENCYCLOPAEDIC . DICTIONARY. 4200 Pages 250,000 Words INSTRUCTIFE AND USEFUL. A Mine of Knowiedge and & Mimt op Usefuiness ‘There are more things insiructive, useful 5d entcriatuing . that gTat DOOK, - Tae ierican Eneyelopedic Dictionary,” than la slmilar publication ever issued. "Teal WOFk, now for the first tme w Wg in ihe reach of everyone, jue publication, for it 4 the same thimo & perfect dictionary and & plote enoyolo- that number of (ho book correspoud- w meries nuim oo P amntcd wiil'bg Galivere: . ¥ Bunday \ nd Three Week-day coupoas, ‘with 15 cents u coln, will buy ous l»r( of The American Euncyvlopedia Dictloa- ary. Send orders o Tho Beo Oftlos Buorders ahould be addrossel 12 DICTIONARY DEPARTMENT titled to a hearing. Tt is proper that the facts should be known, that the law should be presented and that the state should be represented. Judge Scott is entitled to be heard if he desires. He has been notified and has entered a protest, which Mr. Day may read.” The nrotest, signed by Scott and directed to the other judges, was to the effect that the case was upon his docket, assigned to him, He held that if the case was transferred then any other case could take the same course. The defendant had his rights of apoeal. 1 had scen another judge,” wrote Scott, “but Rosewater played him and he would not come. The plaintiff objects to one of you trylng the case as strenuously as does Rosewater object to me trying it." Ho insisted that he should be left to try the case, and said that the press of busi- ness prevented him from being presnt Judge Hopewell instructed Mr. Simeral to make his showing WHY A TRANSFER WAS ASKED. In arguing for the transfer Mr. Simeral sald there had be-n nothing sald or done by Mr. Rosewater to provent any of the out side judges coming 1o Omaha and trying the case. It was generally understood that one of the judges, with whom Scott had conferred, had told him that he did not care to come here and wash his judicial linen. The wit nesses, Mr. Simoral urged, had been notified to be present and give testimony. In response to this statement, Judge Hope well asked, “Mr. Day,” (addressing himself to the assistant county attorney, who ap prared on behalt of Scott), "is that true?" Mr. Day responded that the witnesses had been served, or at least those for the prose- sution Continuing his remarks, Mr. Simeral quoted law, tending to show that the judges were Justified In making the change asked for, and that any one of them would be cor petent to try and determine the issues. The right of every man to have a fair and im- partial trial was a constitutional right, granted by the laws of the United States and the magna charter. It was urged that prior to the time when the information against Mr. Rosewater was filed in the police court, Judge Scott had said that he expected this case to come before him, and that at that time he had declared that he was in- tending to turn it over to some other judge, one outside this district, In making that statement he anticipated that Mr. Rosewater to be arrested and held to the district court. If there ever was a case where a change was Jjustified Mr. Simeral main- tained that this was one. Assistant County Attorney Day in behalf of Scott declared that he and Mr. Slabaugh had been assigned to try the case in the dis- trict court and disclaimed any prejudice agalnst a transfer to the docket of any mem- bers of the bench In the event that it was taken away from Judge Scott. He held to the view that the criminal branch of the listrict court could not be interfered with, nor could the dignity of the same be in- fringed upon. If the showing for the trans- fer was sufficiént, he should not object to the removal, but he could not help but think that the purpose of the motion was an in- fringement upon the duties of the criminal branch. He did not believe that there was any law for the transfer and he was sure that the rule of the court could not apply. It was a matter of indifference to the state who tried the case, but as the criminal locket had been assigned to Scott, he main- tained that he was the proper judge to dis- ose of all criminal matters. Considering the latcness of the time of the filing of the motion, Mr. Day, thought that it was hardly fair to ask for a transfer, FAIR TRIAL INSISTED ON. Judge Estelle, in behalf of Mr. Rosewater, said that it was no pleasant duty for him or iis associate to perform, but it was a duty vhich he was compelled to perform in the nterest of justice. “If my cowardly legs were controlled by my heart, I would put the Missouri river between mysell and this courthouse,” added Judge Estelle. Mr. Es. elle said that all that he asked was that he contract between the state and Mr. Rosewater bo carried out and that he be given a fair and impartial trial. There was a principle at stake, above and beyond any individual, and for that principle he said that he would fight as vigorously as though his life were the issue. 1f the law was silent upon the subject of the change to another Judge, It certainly did not mean that a man had to be tried before a judge who could nol be fair and impartial. Scott’s former action in handling the case Mr. Estelle described as being like unto the voice of Jacob and the hand of Esau. While there was no power named to take a case from one judge and transfer it to another, there was an unwritten law that a man's liberty was not to be put in jegpardy by causing him to appear before a man who was his enemy. The trial of the case, he contended, would be a mockery and could not but put the court of the district court into 1 srepute if it went on before Scott, it being known that he had such hostility against Rosewater. Outside of the statutes,” telle, “‘we are today contending for our rights, as did the barons of Runnymede, when, with their swords and shields, they wrested from King John the charter which sald that every man should be tried before a fair judge. “We are now confronted by the statement of the county attorney that our motion for a transfer of this case has been made too late, and when we were up before Judge Scott when Mr. Rosewater was arragned, we were then confronted with the statement that our application was made at too early a date, “Judge Scott said that he had decided to transfer the trial of the case to some other Judge. Personally, I want to say that if he will pass upon the law as inadvisably as he has passed upon the facts that have been be- fore him, I certainly want the trial to be had before some other judge. The attorney for the state says that it is too late, but I don’t believe that it is ever too late to ap- pear before an unprejudiced judge of - this district to ask for a fair trial when an im- partial judge is upon the bench and an honest fury in the box." MOTION IS GRANTED. Asking for all of the papers in the ca: Judge Hopewell, at 4 o'clock, stated tha the judges would retire, and at the end of thirty minutes they would return with the'r findings. Time dragged heavily upon the immense number of people who filled the court room, but at last the judges returned and upon taking their places upon the bench, Judge Hopewell read the following: In the district court of Douglas Nebraska, State of Nebraska against water. This matter coming on to be heard before the court, Judges Hopewell, Keysor, Fergu- n, Blair and Ambrose béing present and presiding thereln on the motion of the de- fendant to transfer the trial of said cause to some other judge of said court on ac- cound of ‘the blas, prejudice and hostility gainst defendant, of Judge C. R. Scott, on whose docket the cause now stands for trial, and the sald Judge Scott having had duc notice of the hearing of sald motion and the state belng represented by H. L. Day, sistant county ‘attorney, and the defen by his counsel, Judge istelle and Edward Simeral, Esq.,'and the court having heard the evidence and the arguments of counsel and being fully advised in the premises, it is ordered that the said cause be and the ame is hereby transferred from the crim- inal docket to trial docket No. 3, presided over by Hon. George W. Ambroge, for trial, there to be proceeded with as he shall di- ect; and it is further ordered that the county attorney and the attorneys for Sald defendant be and they are hereby required to be and appear before sald judge on Oc tober 17, 183, at the opening of court at 9:30 a. m., there 'to receive such directions from sald judge as he shall see fit to give in rela- tion to the disposition and trial of said cause. And it I8 further ordered that the clerk of this court be and is hereby directed to place sald cause upon said trial docket No. 3, and to place in the hands of said judge the information and all and every of the flles and papers thereln. And the said clerk Is further directed to make all journal entries in the proper journal of sald court room N. §, Inc tils order. LLE R. HOPEWELL, AAM W KEYSOR, tGUSON, PH H. BLAIR, AMBROSE, October 16, 1894, SCOTT RUNS AGAINST IT, The above order was delivered to Clerk Moores and the court adjourned for the day, the attorneys and other spectators having an Idea that the excitement of the day was over, but In this they were counting wthout their hosts, for Judge Scott still had a part that he wanted to put upon the boards before the ing down of the sun. The information had m wafted over to his room that five judges of the district bench had taken the Rosewater case from his docket, and had ordered it to the docket of Judge Ambrose. The information caused Judge Scott to turn livid with rage, and hastily sending for Clerk Moores, he read the law to that officlal, telling him not Lo allow the papers in the added Mr. Es- county, ward Rose- Judges, o to go out of his hands. Then taking his pen, with one easy sweep of his hand, he set aside the order made by five judges of the district court and entered the following In its stead: he State of Eaward Rosewater: It s ordered that the order this da stgned by Melville R. Hopewell, Willlam W, Keysor, A. N. Ferguson, Joseph H. Blair and G. W. Ambrose, setting the above cause for_trial at court room No. 3, and the or- ders and direction therein to' the olerk as to the disposition of papers In sald case and the whole and entire order be and the same fs set aside, abrogated and held for naught, because said cause Is on the crim- inal docket presid by me and the lisposition of sald sals alone under the law with this branch of the court, and the proceedings by said jufges attempted to take said case out of this branch of the court is illegal, void and of none effect Bald cause |s set down for trial in court room No. 1, be me, at 9:30 a.m., 17_Octo- ber, and ‘the clerk (s ordered’ and di- rected not 1o transfer any of the papers pertaining to said case to any other judge )r 1o any other court room than to me In y court room, No. 1, court house. Said clerk is also ordered to notify the defendant Hosewater that he 1s ordered (o be present room No. 1 at 9330 o'clock a. m., or 17, for trial and to serve upon him a copy of this order. CUNNINGHAM, R. BCOTT, Judge. THREATENS THE CLERK Having removed a load from his over- burdened mind, Judge Scott once more di- rected his attention to Clerk Moores, tell- ing him to not enter the order made by the five judges in the journal of the courts, “What shall T do?" asked Mr. Moores. “Oboy my orders” replied Judge Scott with much vehemence, “and if you let any of the papers go out of your hands, and if the papers in this case and the docket is not on my desk in the morning, 1 will cite you for contempt. If you enter the order made by Judge Hopewell and his associates 1 will cite you for contempt." Moores did not say that he would obey, nd if he would have sald so he was not given time, for Judge Scott opened up again and said: “I don’t allow you to go into other courts and get orders ‘telling me how to dispose of my business.” After the court had adjourned for tho day, and after all of the orders bad been is- sued, Mr. Moores was asked what he was intending to do in the premises, to which he replied: “I shall obey the order of the court, carrying it out to the letter.”” Upon being asked what in his opinion constituted the court, Mr. Moores answered with a smile “Five judges, I suppose.” This morning lively times are anticipated, as the trial is called for both courts, and some of the papers are In thé hands of the clerk, while others are in the possession of Judge Scott, who yesterday intimated that there would bo some contempt proccedings if any person interfered with him in the trial of the now celebrated case. ————— CASES IN DISTRICT COURT. ebraska against Page Divorco Case—Pesp Through a Hole— Ritchie’s Apology Kejected. The Page divorce case has been glven an- other airing In the courts, Elam, the husband of Fannie Pags, filing a number of afidavits, in which it is charged that his wife is not above suspicion. He produces the afidavit ot Maud Miller, who swears that while she ving on North Twentieth street Mrs. lived in the same house, and that one ¢ & man called on the woman. He was taken into a private room, when then and there Maud Miller avers that she took a pair scissors and cut a hole in a blanket that bung between the rooms. To the hole she slued her eye and discovered Mra. Page and fier gentleman friend in a very compromising position. Mrs. Eva Ellis, who occupied the house, alleges that she looked through the same hcle and witnessed the same things as tetailed by Maud Miller. Elam objects to paying over alimony, de- laring that his salary has been cut and that he Is carning only enough to support himself amd his boys, who are dependent upon him for a living. was Pag Sisters In Court. An inteFested crowd of spectators were hanging about Judge Amrbose’s court yester- day watching the trial of a case where two sisters were arrayed agiinst cach other in a 10,000 damage suit,'while upon the table there reposed two- paira of scissors and a large sized carving knoife, all waiting to be ntroduced in_evidence. It is the case of Regina Marrow against Smily Hespeler, and the plaintiff aileges that on January 31, 1893, the defendant as- saulted the plaintiff with one pair of scis: sors. In another count the plaintiff al- leges that the defendant got in her work, the knite and the other pair of scissors getting in their work. On Independence day,: 1893, the plaintiff charges a lot of hair pulling, ali of which the defendant denics, alleging that she has always been a good and kind sister. Neott Kejocts Ritehi Albert S, Ritchie, upon his own motion, was before Judge Scott yesterday, where he informed the court that Monday when he was disbarfed from practicing in the criminal court he was innocent of any at- tempt to mislead or impede the administra- tion of justice. The court listened, and then sent the attorney out into the cold world, informing him that the order would stand until_after an investigation could be bad. In talking to Ritchie, Scott remarked: ““You are one of the attorneys who wanted to in- vestigate me, and now I propose to investi- gato you before I accept an apology.” While Ritchie Is barred from practicing be- fore Scott, the order does not extend any farther. ‘s Apology. In the case of the state against Andrew Wallenz, charged with having sold liquor without first having secured a city license, the jury returned a verdict of guilty. Sam Payne, the alleged murderer of Maud Rubel, was arraigned in the criminal court yesterday where he entered a plea of not guilty. There was no time set for the trial, but the date will probably be fixed today. Emma L. Van Etten has sucd the city of Omaha in an action to recover the sum of $200 damages. She alleges that last May some agent of the city broke down her fenco and that by reason thereof cows entered upon her premises and destroyed shrubbery of the valus alleged. In all of the sults against the Hawkeye Grain and Commission company, the Sioux City concern which had a branch in Omaha, and which went to the wall last spring, . M Neuman has intervened, alleging that the money which he holds in his hands is his own and does not belong to the bucket shop. All of the parties who have been sued by the Lintons have departed for their homes and for a time the English litigation is at an cnd. AMdavits are on file asking that the $43,000 suit brought by Shard, the English barrister, be stricken from the files. This sult is against Adolphus and not against Phoebe Linton, who is the sole owner of the Omaha property. LB Movements of Seagoing Vessels October 16. At New York—Arrived—Stuttgart, from Bremen; Norweglan, from Glasgow; Werra, from Genoa. At Naples—A York. At Bremen—Arrived—Elbe, from New York; Wittekind, from New York. At San Francisco—Departed—Gaelie, Yokohama and Hong Kong. S e PERSONAL PARAGRAPHS. rrived—Ttalia, from New for D. J. Gates, Alblon, Is at the Merchants. J. F. Crocker, Kearney, has a room at the Paxton 0. 0. Snyder and wite of O'Neill are at the Paxton 1. J. Andre of Petersburg s a guest at the Merchants, W. B. Proctor, Merchants. J. H. Butler and wife of Nebraska City are registered at_the Dellone. W. E. Morgan of Lincoln was one of the Millard’s late arrivals last night. W. Compton, agent of the @andle company, is at the Barker. Mr. Lawrence Keogh, agent of Hustler company, is at the Barker, C. L. Hover of Paplilion came in yestorday and checked his grip at the Merchants. Mr. J. A. Reed, manager, and Mr. Ike Lande, agent of the Conroy & Fox company, in “Hot Tomalies,” are domiciled at the Barker. R F. Steele and family, formerly of Central City, this state, are in Omaha direct from San Francisco, Cal. They were non-com- batants in_the $50,000 train robbery on the Southern Pacific last Thursday night. Mr. Steele was at one time editor of the Cenmtral City Courler, Nebraska City, is at the Tallow The 2:33 trot: Marfon Wilkes won in stralght ZE]GLER WS ]N FIFTY FLA‘[ tlon begun today. Weather clear and track California’s Flying Dutchman Lowers the Flying dflfl. Mile in Fine Btyle. MIGHT HAVE MADE IT STILL QUICKER | His Paco Makers Unable to Carry Him Fast Euough—Was ja Fine Form and Fit for What, Proved a Wonderful \Fgrformance. — SACRAMENTO, Cal., Oct. 16.—On the 28th of September John 8. Johnson caused a sen sation in riding a mile phenomenal time of 1:50%. This -wonderful feat was eclipsed in this city today when Otto Zeigler of San Jose covered the mile in 1:60, clipping nearly a full second oft the world's record. As a matter of fact he did ride the mile in a fraction over 1:49, but as one of the several watches made It 1:60 flat, the judges placed the official time at that figure. % This mile of young Zeigler's is the fastest ever run on a bicycle. It was made with a flying start, and he was paced by tandem teams, one taking him to three-eighths, an- other to the five-eighths and the third pa ing him to the outcome. It was a typlcal Sacramento autumn sky. The sky was with- out a cloud and the temperature just warm enough to enable the racers to put forth their best energies. There was a light breeze from the northwest, and this, it was feared, would not allow of record-breaking, but Zeigler was In fine form and determined to make the effort. The riding was done under the supervision of the Sacramento Athletic club wheelmen, under the rules of the League of American Wheelmen, which makes it the official record. The judges were H. A. Moore. A. W. Williams and_H. E. McCrea, The timers were C. Patton, R. H. Blair and George Kneir, Referee, W. A. Hubbard. Starter, L. 8. Upson. The pacemakers were Welis and Hall, Smith and Olsen, and Del mar and Hamilton. The start was a fine one, and the quarter was passed in twenty-six and three-fifths seconds. The half mile post was passed in the phenomenally fast time of fifty-three and three-fifths seconds, leaving Zeigler a full minute to make the last half in_order to beat the record. Around the turn the wheelmen fairly flow, looking like three orange-colored balls rolling behind the inside fence. Near the three-quarter pole Del- mar and Hamilton were getting under way, and by the time the others came up they were at their full speed. There was a per- fect pickup, and the wheelmen at the score were fairly trembling with excitement and enthusiasm as the watches ticked off 1:23. Zeigler still had twenty-seven and three fifths seconds in which to equal Johnson's record, and there was no reason to fear he would not beat it, for the fresh tandem riders were bringing him down the course at a tremendous rate of speed. Within about sixty yards of the wire, Zeigler, who had been riding almost on top of his fresh and specdy pacemakers, could wait no longer, and, shooting out to one side, he flew p them and passéd under the wire as alread: stated, in a action under 1:50. There is no doubt that he could have lowered the rec- ord fully two $econfis more had the pace- makers been able to lead him. at ‘Waltham, Mass.,, in the ESULIS ON THE KUNNING TRACKS. Jockey Donahue at Oakley Gets a Dose of Jdudgé Clark's Jusi OAKLEY, Oct. 16—In the second race Jockey Donahue was suspended for the rest of the meet for' bad behavior at the post. Jockey Martin left for New York tonight. Only one favorite, the last one, won today. Results:, First, race, selling, $10), and up, seven furlongs: to 1) won, Tremona O'clock (7 to 1) third. Second race, selling, .§i00, for Z-year-olds, six furlongs: ‘Buck Ky (8 to 1) won, Stafr: (1 to.5) second, Riearoon (3 to, 4) thixd, Time: i . Third race, frea Handicap, for 3-year-olds and up, mile and an eighth: Lehman (1 to 5) won, Buckwa 5( to 1) second, Plutus (10 to 1) third. Time: 1:06%. Fourth race, $40, for 2-year-old colts, eleven-sixteenths of a mile: Islin (25 to 1) won, Basso (20 to 1) second, Ellsworth (3 to 1) third. Time: 1:08%%. Fifth race, $i00, for 3-year-olds and up- ward,_mile and seventy vards: Pearl Song (4 to 5) won, Darevela (7 to §) second, Sister Anita (50 to'1) third, Time: 1:47 ST. LOUIS, Oct. 16.—Results at Bast St. Louls: ° First race, one ‘mile: Pestilence won, Miss Baughman second, Mean Enough third. Time: 1:2. Second race, three-quarters of a_mile: Chenoa_won, Jack Bradley second, Belle T third. Time: 1:241. Third race, thirteen-sixtcenths of a mile Odesia won, Robert Latta second, Winifred third, Time: 1:28%. Fourth race, four and a Ray won, Pad Flynn se third. Time: 0:58 Fifth ¢, three-quarters of a mile: Char- treuse won,’ Yosemite second, John Hickey third, Time: 1:21 KANSAS CITY, Oct were on at the 'Exposition track Three favorites landed money lic. 1n the second race, ]:lr:’ Dobson, a 10 to 1 shot, created some little surprise by coming in first. The track was fast and the weather perfect. Results: First_race, five furlongs: won, Steve' Jerome (8 to 1) second, La Grippe (20 to'1) third. Time: 1:05% Second race, four furlongs and fifty yards; Bird Dobson (10 to 1) won, Rabbit @ to 5) second, Dixie D (5 to 1) third. Time: 0:b1 Third race, four and a half furlongs: Ben Wilson (6 to 1) won, Daisy W (12 to 1) sec- ond, Wrestler (10 to T) third. Time: 0:57. Fourth race, four furlongs and 150 yards: Moloch (2 to 1) won, Kingeraft (8 to §) sec: ond, Little Ell (12 to 1) third, Time: 0:58% Pitih race, six furlongs: Bill Arp (2 to 1) won, Pacolet (2 to 1) second, Twilight (15 to 1 third, Time: 1:19. ICAGO, Oci 15—Results at Haw- thorne today: First race, six furlongs: James V. Carter (even) won, May McCarty (6 to 1) kecond, Little Nell (20 to 1) third. Time: 1:18. Second race, five furlongs: Tim Murphy (3 to §) won, Pedestrian (8 to 1) second, Sen- ator Irby (i to 1) third. Time: 1: Third race, mile and a sixteenth MeLaughlin (10 to 1) won, Wolsey second, Percy 3 to 1) third. Time: 1:51%. Fourih race, six furlongs: Montre (5 to 1) won, Leo Lake (1 to 2) second, Midas (3 to 13 third, Time: lil5k. Fifth race, six furlongs won, Goldbig (8 to 1) se third, “Time: 1:17. Sixth race, six furlongs: to 5 won, B. F. Fly, ir. No Remarks (20 to 1) 'third, Time: 1:18 Seventh race, over five hurdles, mile_and a quarter: Jim Norvell (50 to 1) won, Tyro (5 10 5) second, Japonica (2 to 1) third. Time: 2:21 R, L, Oct. 16 Turlongs: Polydora for 3-year-olds Heory “Jekins (25 G 16 1) sec WO Time: 1: half furl ond, Alr Tight today. for the pub- Jerquet (even) Radiator (6 to 1) ond, Rico (8 to 1) -Results at Charm _won, third. Time: Five and a half furlongs: Lodl won, Sir John second, JulJa Eird. Time: 1:.(8. Mile: Marshal“wé Figaro second, way third. Time:. 243%, iive furlongs: T John won, Nick sec- ond, Berwin third. ‘fme: 1:02 Mile and thres&uablers, over seven hur- Qles; Marous wapnigChevy Chase second, Lithbert third. Tim 1. an- Professiongl Foot Hall Games. NEW YORK, (Oct,;16.—At Eastern park this afterncon Ahe, Brooklyn professional foot ball team defeaged Philadelphia by a score of 8 goals to Mx NBW YORK, dOab fopt ball players, 16.—The professional first 3 rst appearance Mands. n &, ¢ Boston made their Is_city today at the olo mplonghip game with ew York. Score?! Boston, 8; New York, 2. WASHINGTON; 00t. 16.—Baltimore won from Washingtam:1n the professional foot ovall game by a seore-of 10 goals o 1. e g Twenty-Four:jlour Record Broken. CLEVELAND, 'Oct: 16.—Louls Gimm, a member of the Cleveland Wheel club, suc- ceeded at § o'clock this afternoon in break- ing the world's reeord for a twenty-four hours' run, covering 383% miles and 170 yards, or 210 yards less than 384 miles. The Dest previous record wiis §14 miles and was made by 14 8. Spooner. 'Gimm rested but seventy-two_and one-half minutes during the twenty-four hours' run. The last mile was made in 2:54 Hot Time In & Koad Race, CEDAR RAPIDS, Ta, Oct. 16.—(Spectal Telegram.)—The first road race of the Bo- hemian Bieycle club was run today from this city to Fairfax and return, a distance of twenty miles. Bevera, with six-minute handicap, finished first in sixty-one min- utes. Janda, one minute handicap, made best time, fifty-nine and five-eighths min- utes, Stepanek, scratch, being forty seconds behind. & Fall Meeting at Helmont. PHILADELPHIA, Oct. 16.—The fall meet- ing of the Belmont Driving Park assocla- bleycle, circles the world over by | | | 16.—More good races |' | feet on_the | he heats, Blue Boy second, Magnolla Queen third. Time: %, 2:37%, 2:24 Mart, Perretto, Corsico, Victor, John ¢ and Cla more also started 218 pace: Little Strathmore won first, sec- ond and Afth heats, Crafty won third and fourth heats. Time: 2:1, 2154, 2:15%, 2:16%, 2174, Happiness, Sherif, Dalgetty, Grander, Beasie M and W L also sta 13 LORD DUNKAVEN'S NEW YACHT, Next Challenge for the Cup Will Be with & mt of the Limit Length. GREENOCK, Scotland, Oct. 16Tt now be taken for granted that Designer Watson has the lines all out for a cup chal- tenger for 1895, and just now has orders, and Patrick is preparing to see Lord Dun- raven and talk the matter over with him, may | him. On most rellable authority the statement 1 made that Lord Dunraven decided that | his first Valkyrie, which measured seventy | water line—the ship with which | hallenged three years ago—was hardly | arge enough for his all-round purpose, | sequently he decided to challenge next with an elghty-footer. He held strongly to this notion until a little more than a month ago, when he learned that Fife had | an order for a boat over ninety feet, and | that James Gordon Bennett's new boat would turn out to be a ninety-footer. In | the latter event ho saw but little chance | for an elghty-footer on the other side to win the cup, and belng bound by his own precedent, which allowed all American boats available 'for the defense of the cup to be | counted in agaln, he wisely decided to go | the limit length and build a ninety-footer, thu asking no favors of the New York Yacht club as to length. In fact. there are| many here who belleve that Watson has himself preferred a ninety-footer to a seventy-footer. Work on the boat will commence at once, and the challenge may be sent a littie ahead of the officlal required time. | Watson will say nothing about his new | except that she will no doubt be and sail for the cup. It goes with- out question that, as in the case of the ‘Thistle, an attempt will be made to build | her In secret. In buflding the ninety-footer | Lord Dunraven has gone to the limit of the | new deed of gift, and, consequently, need | have no fear of existing boats. SPORT AT NASHVILLE EXCITING, Events on the Card Give the Talent Plenty of Opportunity. NASHVILLE, Tenn,, Oct. 16.~A fair at- tendance was at the park today and the racing was good. Six events gave plenty of good sport, two of them being unfinished races from yesterday's and the regular card, Weather perfect and track fast, Only one record was broken, and that in the 2-year- | old trotting class. Results: | 2:2) class, pacing, 3800 (finished from | Monday): Venture won second, third and | fifth heats. Time: 2:1y, 2:10%, 2:1216. An- gie 1) won fourth heat. ime: 2:i3. | White Line won first heat. Time: 2:09%. Guerite also started; Brookside distanced.” | 2:15 class, trot, stake $2,000 (finished from Monday 3. W. Ford ' won in straight heats, = Time: 2:10%, 2:08%, 2:00%. Mocking Bird and Prince Herschel also started; Gertrude and Happy Courler distanced. Melre stake, i 000, for trotters, 2-year- olds, eligible to 250 class: [mpetus won firet and second heats and race. Tim 2:15%, 2:15%. Onkland Baron, Scourine, Kil- lana and Miss Kate also started; Bagle Pass and Satin Slippers distanced. 1 ng, purse $1,500: Rubenstein straight heats. Time Direction and Lizzie Mo . trotting, stake $2,000: straight heats. Time 2, 2:14, n_Mate, Maudie, Bombon Wilk Bolton and Jim Wilkes also trotting, purse $800: in three’ straight heats. Merman, o started. and Lara G al STRATHBERKY MAKES ANEW RECOKD, 's Latest Sensation Turns Ot a Mile in 2:06 1-2 at Des Moines. DES MOINES, Oct. —(Special Tele- gram.)—The attendance at the Capital City Driving park races today was better, about 2500 persons being there. Weather excel- lent, track fast and races exciting. Strath- berry 1n the 2:12 pace again lowered his record, taking the first heat in Ty quarters as follo 0:30, 1:03 210615, howing that he is capable of 01 ‘gait or better, In the last heat Strathberry was pockefed and was compelled to slow” up or drive clear around the rest of the bunch, winning easily in 2:09; by quarters: 0:30%. 1:03%, 1:36, 2:09. The track record for irot- ting 'was lowered to 2:12%% in the 2:13 trot. Summaries: 2:12 pace, purse $50: Strathberry, b s, by Roseberry. Susie G, b'm, by Little Henry Grent Heart, br's, by Mambring Two Strike. & Ferguson Webber Wilkes, b &, by Denros arley Ford, s g by Dexter Prin Fred K, blk &, by Sha Time: 2:06%, 2:00%, 2 trot, purse $00, (unfinished): Nina Medium, br m, by Riley Medium ... S 3 Robbie P, br e, by Charles Caffery 1 Russell Mont, b & by Lord Russeil Senator A, g's, by Tramp Panic... Strontia, £ # by Sam Purdy. May Douglas, g m, by Fred Doug low, aeames wo or Dorse and Horse. Oct. 16.—(Special Tele- gram,)—The fourth annual tournament of the Highland Gun club commenced today. The attendance is very large, nearly all of the prominent marksmen of the state and several from Illinols, Missour, Kansas, Ne braska and Minnesota are on the grounds The weather was perfect and some good scores were made. C. W. Budd and Dr. W. F. Carver shot at 100 live birds for a purse of $400, Budd winning by a score of 9 to 92. In a shoot yesterday between Budd and Carver, the latter won, 9 to 8. Budd and Carver will meet again at Chi- cago next month. George Gore Loses His Wife. NEW YORK, Oct. 16—Mrs. Jennie B. re today obtained am absolute divorce from George Gore, the base ball player. . BANK FORCED TO SU Budd and DES MOINES, D, Withdrawal of County Funds: Starts a Run on the Merced Hank. MERCED, Cal, Oct. 16.—The Merced bank, which has been dong business here since 1875, closed its doors this morning. The failure Is due to the bank's inability to realize on its securities. As yet the officials of the bank have made no statement, but it 18 known the bank had over $200,000 loaned ts and rangers of this com- n which they could not realize, n's statement to the state bank commissioners in July last gave the bank’ resources as $243,039. The principal items of the bank’s liabilities at that time were: Cap- ital paid in coln, $18,000; due depositors, $160,637; due other banks, §2,000. The direc- tors of the bank are all substantisl business men. It is belleved that the depositors will be paid in full and that the failure will have no disastrous effect upon the business of_the community. While the fallure is ndoubtedly due to the general financial Stringency, the imme- diate cause of the suspension is said to be of a political nature. For years it has beer customary for the county treasurer to place the county funds in open deposit with th three banks of Merced. County Treasure Bartlett was defeated for renomination in the recent democratic county convention, and attributing his defeat to the interfer- ence of the officials of the Merced bank, he demanded the county funds deposited with the bank. Part of the n was paid to him. Other depositors learning of the action of the treasurer withdrew thelr deposits. Thus was started a run which the bank could not meet. This evening there a report that Treasurer Bartlett's bondsme: will compel him to withdraw the many thousand dollars which he has on open de- posit with the Commercial Savings bank and the Security Bavings bank S Carbine Contest Ended. CHICAGO, Oct. 10.—The army carbine competition was concluded at the Fort Sher- idan range today. The gold medal was won by Corporal Bivins of the Tenth cavalry, with a total score of 589, In the distin- guished marksman class for the cavairy the gold medal was won by Sergeant Heuser of the Second cavalry, with a score of 615 points. This finally settles the army shoot for this year. e i Short Police dtories. BEd Rope, colored, was arrested yesterday afternocon by Officer Ryan on the charge of stealing & pair of trousers from the store of E. Jacob, at 1107 Douglas street. Yesterday alternoon thieves entred the residence of James Wardlaw, 1410 Dorcas ;:l;fl‘ and stole & suit of clothes valued at e Heavy shipment Plate. SWANSEA, Wales, Oct. 16.—It s esti- mated that 5000 tons of tin plates were loaded here today on board steamers bound for America, Stocks of tin plate are lower than for months. FIRE CLAINS FOUR LIVES| Two Sisters of 8t. Joseph and Two Patients the Viotims, ONE MORE SISTER FATALLY BURNED Houston, Texus Has the Largest Fire In the History of the ot Up Almost § lon 1= surance $1563,300, HOUSTON, Tex., Oct. 16.—The worst fire In the history of Houston broke out at 2:40 this morning, and before it was placed under control, at 4:30 o'clock, not only had a large amount of property been destroyed, but two sisters of St. Joseph were burned to death, two infirmary patients also perished and a third sister was dangerously injured The fire originated {n the San Jacinto hotel, or rather boarding house, Franklin and San Jacinto streets, from which the blaze spread rapidly to adjoining small bulldings of St Joseph's Infirmary on Franklin, destroying also a large two-story frame annex and the new four-story brick main buflding. The destruction of these buildings was ac- companied by loss of life. Sisters Doleral and Jane were burned beyond all possible recognition, while Sister Clothilde was fear- fully burned about the face, neck, breast and arms, her recovery being in doubt. Two patients are also missing, and there Is not the slightest doubt that these also perished. On San Jacinto street the fire spread to a one-story cottage and next destroyed Alexander's three-story boarding house, man- aged by Mrs, J. J Hussey; the three-story brick building of W. Shaw, occupled by the 1. M. Rushmore Grocery company, and J. W. Hancock, stationer; A. Chiege's three- story furniture house and W. L. Foley's dry goods house, the largest in the city. It was 4:30 when the flames were at iast gotten under control. The losses and Insurance are: ing of St. Joseph's infirmary, loss $60,000, insurance $5,000; old building, loss $12,000, insurance unknown; San Jacinto house, owned by Jacob Hornberger, loss $5,000, in- surance unknown; H. Freund's house, loss $2,000; Insurance $700; F. Alexander, furnl- ture stock, loss $26,000, Insurance $10,000; bullding owned by L. M. Rich, loss $12,000, insurance unknown; Mrs. J. J. fur- niture, loss, $1,500, insurance unknos owned by T. W. Bringhurst, loss $2,600, surance unknown; N. W. Haw bullding, loss $15,000, Insurance, $12,000; Rushmore Gro- cery company stock, loss, $15,000, In- suranco, $12,000; J. W, Hancock, stationer, loss $20,000, insurance $6.800; A. C. Chimne & Co., furniture stock, loss $70,- 000, Insurance $30,000; W. L. Foley, dry goods stock, loss $165,000, insurance $68,000; buflding, loss $18,000, insurance unknown; Chimne’s building, owned by J. W. Jones, loss $15,000; insurance $10,000. Total lo $438,000; total insurance known, $156,300. THE OLD New bulld- CONTINUATION OF STORY. Loxow Oomn Ittee roll NEW YORK, Oct. 16.—Policeman Calla- han's “pull” was the subject of the earliest inquiry today by the Lexow committee. ames Smith, who keeps, a restaurant in Greenwich street, told the committee how the officer came to his place Intoxicated on Piling Up Evidence of | day last week, threatened him with a revol- | ver and otherwise conducted himself in a dis- orderly manner, winding up by taking the witness to the police station. Lawyer Moss told the committee that all in due season the police commission would be called upon to explain why Callahan and other brutal or drunken officars were permitted to remain on the force undiseiplined. Joseph Frankel, a_saloon keeper, told cf aying Policeman Shelvey $5 a week for “protection,” and of having been arrested upon a trumped-up charge and bulldozed into paying $200 for the assistance of “Silver Dol lar" Smith to save him from the state prison. Frankel was discharged without a hearing by the police justice after the money had been paid. Counsel Goff called the committee’s atten- tion to the registration of paupers andl crim- inals released from Blackwell’s island. He said he had written to Superintendent Byrnes and the commissioners of charities and cor- rections concerning this fllegal registration. He read the reply from Mr. Byrnes, in which the superintendent said he had taken steps to bring to justice those who had registered illegally. Mr. Goff sald 800 inmates of the workhouse hal been relcased without judicial proceedings. John W. Goff of the Lexow committes, in a letter to the commissioners of charities and corrections, Informed them that if the noto- rious “boat house” frauds upon the registry were not stopped this year and the wholesale manufacture of voters out of insane paupers and paretic drunkards put to an end, perti- nent questions would be put to the board by the committee. Dot JACK TARS DRILL ON SHORE. Crews of Vessels Lying Off Vallejo, Participate. VALLEJO, Cal, Oct. 16.—The largest force ever landed by the United States navy on the Paclfic coast and the fifth in point of numbers ever landed by the Amer- ican navy at any time, participuted in a naval brigade drill at the Mare (sland navy rd this morning. There were 680 offi- d men in the line which was formed water front at 9 o'clock. Landings e made from the Mohican, Adams, Ranger and Alert, which are lying in the stream, and this force was augmented by crews ‘from the Philadelphis, Yorktown, Bennington, Indepandence und the Mare island barracks. The brigade formed under command of Captain C. M. Thomas of the Bennington and marched to the grounds back of the marine barracks, where a street riot drill and battle tactics were carried out in the presence of Admiral Beardslee and other officers. At the conclusion of the drill at 12 o'clock the marines participating in the maneuvers were highly commended by Admiral Beardslee, Catarrh In its Worst Form Life Almost a Burden A GClorious Change Due Solely ta Hood’'s Sarsaparilla. Cal, Geneva, Ohlo, Catarrh is & constitutional disease, and there- fore it can only be cured by a constitutional remedy llke Hood's Sarsaparilla. Read what it did for Mrs. King, concisely expressd in Ler own voluntary words: , Mass.: Gentlemen: — From a grateful heart I write what your grand medicine, Hood's Sarsaparil has done for me. Five bottles cured me of catarrh in its worst form. I think it was only a matter of time, when 1t would have ended In Bronchial Consumption. 1 can searcely realize whereln a few months ago Iife was almost a burdes, sick and discouraged, now I &in Well and Happy, gainlog flesh and a néw belng. And all owlng to Hood's Sar- Hood's*#Cures saparilla. I will never be without it. Yours pratetully, Mns. CLARK Kixa, Geneva, Ohlo. Hood's Pills cure liver s, faundice, bib Pusuess, sick beadache and constivation. 20, Destined to Improve the Condition and Well Being of Thousands, HIGHLY INTERESTING DISCOVERY. tedd With Marked Suecess by Dr. Hostick and Other Physicians, A man or woman with perfect digestion, the result of a healthy stomach, has no need of a nerve tonie to bring sleep, nor sarsapa- rillas to purify their blood, nor cod liver oll and pre-digested foods to make them fat. Why? Bicause a sound stomach perfectly digests the food, making pure, rich blood, steady nerves, sound sleep and all the healthy flesh & person necds to carry Dr. Bostick recently stat out of health, n.rvous, sle in flesh, with poor appetite, not knowing Just what was the matter with them, should look to their digestion, to the stomach, and there would find the secret of the whole trouble. He says nine out of ten will have no nervous trouble, no impure blood, weakness anywhere whon the dig organs do their work properly, To cure Ine digestion and dyspepsia he never advises “sarsaparillas,” “stomach bitters," “pre-di- gested food” or any other secret patent medicine. ~ He says that the best thing, the safest and surest curo {s Stuart's Dyspepsia Tablets, because thoy are composed of vege- table essenoes, fruit salts, pure pepsin and bismuth, and will cure dyspepsia in every 8¢ If taken persistently and regularly, Some of the cures made by Stuart's Dyspep. sia Tablets are little short of miraculous. Mrs, Charlotte Lane of Ransomville, writes: 1 have taken only one 50-ce age of Stuart’s Dyspepsia Tablets and am al most astonished at results, they have bene- fitted me 80 greatly. 1 have always unders stood that dyspepsia was {ncurable, but now know it can be cured, for I am fully satisfied with what thiy lave done for me. I can eat and enjoy my meals a great deal better and feel better in every way and have only used one package. Mr, J. 0. Wondly of Peoria, Iil., writes: I as unable to eat anything but the plainest food, and even that often distressed me, but since using one box of Stuart's Dyspepsia Tablets 1 can eat anything and everything I want. Mrs. Samuel Kepplo of Girty, Pa., writos: 1 have be:n entirely relieved of my stomach troubles by your Tablets. T suffered three years with sour stomach and gas at night, I am thankful for them, Mrs. A. E. Bowen, Barnard, Vt., writes: 1 think Stuart’s Dyspepsia Tablets aro the best thing for dyspepsla 1 ever took. I will recommend them to any one troubled as bad as 1 was. Although a new remedy, yet Its remarka- ble success In all kinds of stomach troubles has practically settled the qustion that it is the best and safest remedy that can be used for weak or disordered digestion It is prepared by the Stuart Chemical Co,, Marshall, Mich., and for sale by druggists everywhero at 50 cents per package, thus placing It within the reach of -everyone wishing to give a remedy so highly com- mended a fair trial. 1 that any one ploss, run down hen Cold When Thirsty When l{xhuuiicdv S ryawp of BEEF TEA made from the world-known Liebig COMPANY'S Extract of Beef Which makes the fines best, cleanest, most palatable Boef Tea, with the real meat flavor, Unapproachabl in quality DOCTOR SEARLES & SEARLES, Y SPEBIALISTS, Diseases Treatmenthy Mail, Consullation Frey Catarrh, all discascs of the nose, Throat. Chest,Stomach, Liver, Blood Skin and Kidney discases, Lost —Manhood and all Private Dis= eases of Men Ca 11 on or address, 1410 Farnam Stroot D 1. Searles & Searles, M1 Fnnam St BOYD'S . (01, 1120 ROSE COGHLAN FRIDAY EVENING, Sardou’s Masterpiccs, DIPLOMAZY Saturday Matinoe A Woman of Ho imnortanc) SATURDAY EVENING, BY REQUEST, FORGET MIZ NOT : 3150, 100, Toc G0e, 2ic, Free list E opens Thursday morning. POPULAR ISTH ST. THEATRE | “*" ¥iiidles. 25, 35 AND 50 CENTS, Telephone 15 —THIS AFTERNOON-——1I8 BYENING— The original and pleturesqus play, A CRACKEZR JACK. Beo the Thrilling Sword Combat, Sea the Three Old Sports. See the Oklahoma Boowers Bee Funny Court Room. Matinee Prices—Any seat in the house 25 cents. 15th ST. THEATER. POPULAR l;lfl! ~25, 15 and 50 Cents. elephon 3 NIGHTS JOSEPH A, OTT, In the funnest of ull the late amy farco coted e THE STAR COMING, Oct. #, 8, 8, M, 0 FINE COLLECTION OF 0il and Water Color Paintings And Other Works of Art. Now on exhibition in the PUBLIC LIBRARY BUILDING Open dally (except Sunday) 9 a.m. to 10 p.am Oscur Wilde's Latest Satire, Open Sunday from 13 m. 1o 6 §. ™ Admission %5 ceats ASTEPFORWARD -