Omaha Daily Bee Newspaper, October 2, 1895, Page 2

DOWN TO BUSINESS AT ONCE | Texas Legislatare Did Not Waste Any Time in Preliminaries, | MESSAGE OF THE GOVERNOR RECEIVED | | 1in felury Attorneys Make Agninst Them, Referred to AUSTIN, Tex., Oct. 1.—In compliance with the proclamation of Governor Culberson con- vening the legislature in this city October 1 to take action on the prize fight question, which has been agitated by the proposed Cor- bett-Fitzsimmons mi 1 at Dallas, October 31, a quorum of both houses responded to the call today at high noon and were in working | within thirty minutes, and at 12:30 | promptly receivel a message from Governor Culberson, The governor confined himself | solely to the prize fight question and re- viewed at length the situation which has | made the call necessary. He sald that he regretted to call the members together, but as the question was wrangled over in the courts he deemed it advisable to stop further discussion by having the legislature enact a law that would be clear and specific on this subject, and he desired it to go into imme- diate effect, His message concludes as follows, after a careful review of the condition of the laws in other states: 80, in this instance, If no law exists, the \t6 does not give any assurance or come der any obligation t its Islation upon the subject shall remain unchanged. But these principles need not be in- voked. By proclamation all persons have been given notice that the Corbett-Fitz: . mons exhibition would not be permitted, and whatever has been done by its projectors was with full responsibility for the c quences. The public intere uire t this exhibition especially be sup- pressed Dised tenanced Mexico and territories, outlawed and driven from every state, posed to agser ruffial rs and offer to this stat this commanding ult 1o public decency Against it the instincts ide of th people revolt, and your pr nd resolute action will gpare them th ignominy and shame. It will recall to t wreat city of the state, inhabited by a manly and gen- erous and enlightened people, the whole. some and assuring truth, now obscured by anger and miseonception, for which it will hereafter thank you, that no part its material prosperity, no part of its soclal and intellectual and industrial prosperity, no of its splendid destiny, is hound up inany endeavor to ' hold ite limits one of the most disgraceful ipies that ‘er promised to disgrac ishonor Texas. Impeiled by a sense of duty to v utive powe 3 » been calle onsibility on shape t part h T divi becomes pecple, fair session, and the ¢ the consequences is now led with That you will meet It as the “representatives of the whole anxlous and ready to protect the name of the state, is not doubted. TWO BILLS WERE READY. As soon as the meswage was read, in com- pliance with its command, two bills were in- troduced in- both houses. The respective bills In the two houses are identical. Th one introduced in the senate by Senator Lewlis of Baxter, and the oue in th> house by Representative Ward of Travis are gen erally conceded to be the measures of the ad ministration. Tha bill introduced in th house provides that participants in prize fighting or any pugilistic encounter shall b2 deemed gullty of felony uud shall be pun- ished by imprisonment of not less than one nor more than two years. It has the emer- geney clause. The “second bill, introduced in the senate by Senator Simpson, provides a penalty of not less than five and not more than ten years, and further provides that any one who, in any manrer alds or abets a fisht will he cons'dered a participant and subject to the above named punishment The emergency clauss s also in this bill. These bills were referred to_the judiclary committee In either house and they are to take ‘aetion ' thereon this efternoon. The Dallas attorneys appeared before thom, how- ever, to ask for further time, cliiming that they could show that the proposed law_was unconstitutional and clashing as well as confiscatory. In compliance with their re. quest, both committees adjourned until morn- 1ng at 9 o'clock, and nothing furth=r was done by cither house in the matter. As the matter now stunds it is a poll row between the friends of Governor Cult son and his personal opponents, of which he has quite a number in the legislature. GURES ON THE PROBABLE VOTE. There are niuety-four members of the house present and twenty-four serators, In the house it s nec- essary Lo get ninety-six votes to make the law go into-immediate effect and twenty-on votes are necessary in the senate, In the house, at the present writing, there are fif teen out and out men agalnst putting any emergency clause in the bill, whila there a four who are doubtful. This puts the two- thirds vote out of the question in the house With its present roster. In the senate there are three aeainst the emergency clause ana two doubiful, which places the bill in serions danger there also. 1f a vote was taken now with only the present number present, there Is little doubt that the emergency clause would be defeated. The administration for do not propese to come to a vote on the m ter, however, until more of their men ar- rive and thelr absentees are expected by to morrow afternoon at the latest. The Dallas peaple also want a delay to gather additios farces, 5o everybody is pleased to delay th e at present. Tonight a strong effort is being made to pull the twenty-two populists in the house over to the fight side. LAREDO, Tex., Oct. 1.—It appears that the Flerida Athletic club has doubts of its abil ity to pull off the great fight in Dallas, and this morning secured by telegraph an option on the amphitheater and arena used for buyll fighting in New Laredo, Mex. This would seem to indicate that the fight will be pulled off there. The option Is for one month, but further particulars could not be obtained WILL STOP IT IF HE CAN. WASHINGTON, Oct. 1.—Secretary Smith was asked today if he wourd take any steps to prevent the Corbett-Fitzstmmons fight tak ing place In Indian territory, and replied that if an attempt was made to have the fight take plice upon any reservation which was directly under the eontrol of the Interior department, and not set apart as a separate government, ke most certainly weuld prevent It. He knew of nothing. he said, that woull give the department autfority to prevent the fight on lands controlled by the five eivilized tribes, If the Indians consented. He added that 1t would call attention to the condition of affairs In Indian territory, and perhaps bring a pressure to ®ear which will bring about a change in the affairs there, If the Indians of the five civilized tribes, or any nation of them, should call tpon the depart- ment to prevent the fight, saying that the Tndians as a nation objected to it, then the department would prevent it. e said that he did not know as there was any disposition to have the fight in the Indlan country, but he had seen something to that effect In (he apers NEW YORK started for Texa Norbett was accom William A, Brady, Donaldson, Joe Corbett, Jim Delaney and Jim_ Daly. Co: #t Washington and Atlania tends to reach San An T 9. It Is not known whether will aet as reforec. WASHINGTON, Oct. 1 and party in thas eity o olon went at tional park where he and his brother Joe ap peared in a game of ball. Corbett did not take any chances of being hit while at (h bat. He injured one of his lght! In catehing a thrown hall party left ical Oct. he Corbett clock t party s morning. man will stop He ip October Sullivan helt ronte eX., by Jonu L. James u once fo N, fingers The | thorized |a | claimed a' foul | fav S3a4801 THE OMAHA DAILY BEE! WEDNESDAY OCTOBER o of Corpus Christi and ran back again. He sald he merely did so for a little exercise, a spurt of four miles being con- sidered as nothing for him A telegram was recelved here today from Clneinnati stating that Corbelt and party had made the assertion that Fitzsimmons had of- fered to divide the purse. Martin Julien de- nounced the assertion in the strongest terms He says he will give $1,000 if Corbett or any party would prove that any such proposition was made by Fitzsimmons or any man au- to_represent him. He stated fur- ther that Fitzsimmons proposed to Corbett that the winner of the fight should take all the receipts, portion LIGHT CARD AT ( Sir Ex tlons of the NEW YORK, Oct. 1 send today was very he card at Gra light. Four started | in the first event, with Salvable an odds-on front quar- favorite. Intermission and held her advantage ter, where the favorite passed her, in com- pany with Merry Prince, and won easily by head. Tn the second’ ruce Gallillee the favorite, and with Sir Walte and head to the last, when Sir lxcess came up from behind and won by a head, with Gallillee pulled up in third place, Simms which was not allowed, but Galliliee was badly scraped against the'rail Harry Reed was a topheavy favorite for the third race and won as he pleased from Irish Reel, who ran a good race for half a mile. In the fourth race Adelbert was the rite, with C: Mars ong played se 1t looked as if a good race ‘The Swaln, with only ni up, took the lead at o 1 held it to the ‘end. Rey del Carreres was the favorite in the fifth and won In commanding style. He broke his _competitors’ hearts by them to the elghth in twelve seconds, In 23% and the half in 481 was the favorite in the last race and won it. Results First race, flve and a half furlongs: Sal- vable (8 to'10) won, Merry Princ to 2) second, Volley (4 to 1) third. ‘Time: 1:10, Second mile and a furlong: Sir Ex- jumped to the to the last andelabra and ond and third would result -two_pounds Gallillee 8 to Third race, six furl field stakes:' Harry Irish Reel (10 to 1) s to 1) third. Time: 1:15. Fourth race, mile wain (20 to 1) won, Candelabra (2 2:11% . Pifth v cap: Rey cendo (8 'to third ne: . Sixth race, and a half furlon; (7 to §) wo! Amie (4 to 1) King of Bohemia (3 to 1) third me . O o 10) Manchester wo i Adelbert (8 to 5 to 1) third ime. ce, six furlongs, Culver handi- del Carreres (7 to 1) won, ( Lsecond, Brandywine ( to 1) Carib second, 1:10 ASH ON HOUNDS. raing Good We D., Oct. 1.—The Aber- meeting hegan today. Last night the- Palace stakes for sixteen greyhounds of all ages filled, and aft the draw it was announced that the eard would be run through twice today. Weatier fine hot. Hares were The proceedings sadfully, there being long and unne delays between courses. 1In_ the results were , St. 3 anapolis; Ch apolis, beat” Van Troump, Indiana Indianapolis, beat Major, Van_Ollie, Indianapolis, be ‘ox Lake Longfellow, San beat Cable, Illinois; N omy, In- ven, - THE 1 dragged o8- first sclipsed, Indianapoliy round pearl beat CF Longtellow: Caliph b Raven ran a bye, Lady Mister- ton_being ‘withdrawn, lame. W._Stephenson, Hinsdale, Ta., s judge and'W. Angell, Oakes, N. D., slipper. Yo Tambien M n Poor Showing. CINCINNATI, Oct. 1.—The attendance was large, weather fine, track fast and good racing at Oakley today. Yo Tamblen made her first appearance since last spring in a purse race. She looks fairly fit, but failed to land inside the money. The Cameo stakes, a handics ds, was the event ‘of the day s won in a drive Wallace's The Winner, well backed at 7 1o 1. The stake was worih $L540. The meeting closes Saturday next and Latonia pens the following Monday. Results “irst race, five furiongs, purse: Anna le (4 to 1) won, Ferryman Il (10 to 1) econd, Robinson (i to 1) third, Time: 1:02 Second race, six furlongs, purse: Imp. Star Rub to 1) won, Handsome (2 to 1) second, Handspun (7 to 5) third. Time 1 Third race, six and a half furlonge: Squire G (20 to 1) 'won, Overella (5 to 1) second, Paul Pry (@ to 1) third. Time: 1 Fourth™ race, en furlongs, stakes, handicap fo ar-olds: The Win- ner 0 1) won, Ben Hder (8 to 5) second, Don Carillo (3 to 1) third. Time: 1:3, Fifth race, one mile, purse: Grannan (5 to 1) won, Lobengula (even) second, Olive 9 to 2) third. Time: 1:411 Sixth race, selling, five furlongs: Jo Clark (2 to 1) won, Helen Mar (f to 1) sec ond, Elwyn (12 to 1) third, Tir 1:02% At ance Iner & at Shefiield, CHICAGO, Oct. 1L—The third day’s meet of the Shefield track produced some good racing. The attendance was larger than on any previous But two of the people’s choices went over the plate. Colo- nel Wightman In the first race was the 0od thing,” he being backed from 8 to 5 to 3 to 5. Killarney ran his pins off in the first part of the and won well in hand. Summaries: Tirst v E of a mile: Killarney Colonel Wightman (3 to Margareta (10 to 1) third. Time Second race, selling, five-elghths mile: Brametta (8 to 5) won, Sixty second. 0 1) third. " Time: 1:07 Thir cleven-sixteenths of mile: Atilier (7 to & won, Estelle (2 to 1) second, Character (30 to 1) third. Time: v selling, three-quarters of Queen itess (1 to 5) won, Loudon ( 1y sécond, Gunwad (7 to 1) third. Time: Cameo se ace three-qiiarters to 1) won, ling, 5 of a ce, selling, e Lawyer (5 to' 5) 1, sixteenths of a Julia (6 to 1) Time: 1:15! the Crow L—Milder weather brought out a larger crowd for the second day of the fall race meeting. Two of the three events were won handily by the favor ites, but in the third, the 2:20 trot, Queen Allén, who had been pli favorite had to lower her colors to Lady Wilton, who lowered her record two and one-fourth seconds. It came right off the reel for Abnet to win the 3-year-old trot. Results: Three-year-old trot, purse $1.000: Abne won in stralght heats, Time: 2:17 4. Geddes was second in hea Prayioll was third in three Lou Mitchell also started 14 pace, purse $1,500: cond, third and fourth heats, Choral, wan th Cuckoo W th heats Badge Tim fir Phenol th and Be won_the 101, 128 N0 was se ellie O, Sure " also ot, purse $1,500: Lady Wilton ht'heats. Time: 2:11%, 2:11 n Allen second, Anine third. Cath- . Queen Allah, Gabrielle, Margaret C also started Kept the Bookmakers Buxy, 'ROIT, Oct, 1L.—About 2,000 people at- tended the opening at Highland park today and the seven bookmakers who drew, in had all they could do to handle the money. Two favorites won. Colonel Jack Chinn held the starter's flag. The track is one of the prettiest in the country and the Gentleme: Driving club, composed of De- troif’s solid business men, are the financial ackers. Frank Stow, the well known turf- man, Is general man, Results A rac selling, six furlongs won, Chiguita second, Fakir 1 Socond Killona and Marble third race, four Miss Kitty won, Clyde thirl. Time Third race, selling, won, Mefropale se me: 14 “onrth 1 Dolefu! won, | third. Timd | wirin vace, | yards: HNalidwe sea’ thin hulf second, T W Tippecanoe and a Anrola furlones Minnie Carter third five furlongs: Lady nado second, Atalanta ling, mile 1 n wan, La Flesta Time: 1:(04] Rexults at Bay Distriet, seventy second, at 10:30 over the Southern rallroad for At- lanta, where Corbett appears in a sparring mateh tomorrow night. From there he to New Orleans where another ssarring hibition will be given Friday night and then on to San Autonio, Tex g0 1nto training. Corbett sald in rogard fo the calling of the Toxas legislature that while he believ:d th gavery t o do right he was misin for the brutality of prize figh NOT ON THE DIVIDE GALVESTON, Tex., Oct. 1 tha News from Corpus Chris Fitzsimmons party are uow felled fn thelr on North Beach goes says to The mfortably dom- mmodions training quarters and tomoriow the Australiun will get 0 hard training. Fitz's training quarters are now locatad about two miles from the center of the city. Today he business ex- | SAN FRANCISCO, Oot, 1--First | selling, five furtongs: Dotective won, ond, Tamalpats thivd, Time: 1:01) e, five and u half furlo won, Chatlie Boots Chery third, Time: 1:081 hird race, six and a half Little Flush, colt. w Coleman thivd. Time: 1.16 urih race. five furlongs, soliiy won, Katbieen second, 1:011% th race, on, Unel 14l i RINC of Prix hibiting his studi team now race Yreka s, sell- second furlongs, sell Jafferson sec | " m Fanny o retic third, sellirg Ransom Agitator third. n Bud Way, 1.-The faculty assed resolutions today pro- nt having onditions in from playing on any athletic It s found that six of the eleven men oa the fool ball team will be com- N. J., Oect ton | knots was attained. pelled to retire from the game until have made up all delinquent work Cochran, Bannard, Suter, Ayres and Baird wiil not be allo to play, while the ma- Jority of the second eleven will be compel.ed 1o withdraw. In the practice today Coch broke his nose, Armstrong bruised his kn and was carried from the field, and Captain Lea wrenched his knee and is out of the game at least for a week they | Riggs, | Defents Neea LONDON, Oct. 1.—The 8t. James this afternoon, referring to the defeat the Cambridge-Oxford cricket team by Philadelphians, remarks of English athletes across the becoming monotonous, If there was one thing we thought we could do it was that we could piay cricket. America L up that ough it w lar the contrive ing Monoton they have Pensy Wins t irst i PHILADELPHIA, Oct. 1. | sity of Pennsylvania won first foot ball | game of the son today from Swi | by the score of 10 to 0. Curiis, left | ‘Ih» F\\I‘.nilnulr t m, had his shoulder - oF PR s PARADE oF PA Large Crowd Attends th wtivities i Kansas Cloy, KANSAS CITY, Oct. L.—A grand parades, the first ever witnessed southwest, occurred here this afternoon the initiative of the festivities attending carnival week, Kansas City's great fall cele- bration. Three days and nights are to be spent in jollification and the event promises to be the finest that ever took place in this part of the counry. The flower parade formed at o'clock and wended its way through the principal streets, which were Jammed with thousands of spectators. Hun- dreds of fantastically decorated vehicles of different descriptions, covered with a pro- fusion of flowers and occupied by Kunsas City's society ladics, formed the principal part of the parade anu presaated a specta of great splendor. Two thousand ‘roveling salesmen with hundreds of others cn foot and horseback, completed the parade, The principal attraction of the day was the grand pageant this evening by the “Priests of Pallas.” There were twenty-five magnifi- cent floats In line and ten bands of music. The floats were nearly all representative of well known operas, the attendants, too, being in representative costumes tremendous crowd of people thronged the strests to wit- ness the magnificent spectacle. Some idea of the magnitude of the crowds which surged through the down town streets during the day is given by figures made public to- night by the principal street car company of the city. The company reports having col- lected in round numbers 225,000 fares. Thou- sands of people were unable to find accom- modations on the cars and walked to and from their homes. The railroads coming into the city are doing an enormous pas- senger business. e 6] Nominated on a Silver Platfor SHELBYVILLE, 0., Oct, 1.—The demoerats of the Bighteenth congressional district nom- inated today Edward Lane of Madison to finish the unexpired term of the late Con- gressman Remann. Reslut'ons were adopted demanding the free and unlimited colnage of silver and gold at a ratio of 16 to 1, with- out waiting for the consent or action of any foreign government; endorsing the Wil- son tarift bill and congratulating the country on the many evidences of returning pros- perity. flower in the S e Know Why They Refused, Governor Holcomb and other members of the State Board of Medical Examiners have an- swered to the petition of Philip Leiber, who brought suit against the board for refusing kim a physician’s certificate. The examiners object to the jurisdiction of the court of this district, as they compose a Lancaster county body. They also fay that they re- fused Leiber a certificate for good and suffi- cient reasons. W i~ y for Broken Bonews. George H. Spencer has begun a suit for damages against the Merchants Express com- pany for $7,000, for injuries received in a collision between one of the company’s vans and the street car, of which Spencer was a motorman. The accident occurred on May 6, near the corner of Sixteenth and Burl stroets, Spencer had a left arm and hip broken and was otherwise injured. West WASHINGTON, ~ Oct. gram.)—Nicholas H. Dorse missioned postmaster at John Briscoe at Potter, Tele- was today com- Brandon, Neb., and 8.0 D, TELE BRIEFS, The Edward McGee college for girls at Woodville, Miss., burncd Tuesday night. Ira P. Rankin, a piencer millionaire California, died Tuesday at San Francisco, The Eucharistic sc of the Catholic church convenes at Washington Wednesday The condition of Senator Mahone Tuesday night was such as to give his physicians no hope of recovery. The grand jury at Brooklyn dec indict Charles Henry on the ¢ murdering his father., Prof. E. Whitney Blake, lately professor of physics at Brown university, died Tuesday at New Haven, Conn, The condition of Harry Wright, the veteran base ball manager, remains serions, though he has rallied somew . Rev. W. G. Capps of Mt. Vernon, Ky., has been sentenced to two years in the peniten- tlary for the shooting of his wife. Louis B Bissel, a parachute jumper, was killed at Lima, 0. Tuesday. For some reason the parachute failed to extend. A movement is on foot to revive the Com- mittee of Seventy, which took such a prom- inent part in the elections in New York last fall. Albert Wade, assistant cashier of the First National bank ‘at Mount Vernon, Mont., has appeared. His accounts show, a shortage of $30,000, Mr. Benedict's yacht, aboard, arrived at New L day. Tt remained only started eastward, It is announced that Chicago parties are collecting arms and ammunition for the Cu- bans and " that already a considerable amount has been pledged. Mrs. Clara E. Buckalew and her niece, Miss iriggs of Monmouth Junction, N. J., were killed by the cars Tuesday, while attempting to cross the track. Rev. Anthony Kozlowski, the deposed Pol- ish priest of Chicago. threatens to bring suit against Archbishop Feehan for $100,000 on ac- count of his deposition. On application of the First National bank ot Manning, Ia., the Produce and Cold Stor- age exchange of Chicago has been placed In the hands of a recciver., The sult brought by the Whiteman & Barnes Manufacturing company against the Crane & Steele Manufacturing company of Chi- 0, has been dismissed The iron miners at Tronwood, Mich., have been granted an increase in wages. Many mines in that section which have been idle for some time have restmed work. The proposition of the Syracuse, N. Y. Post for a reunion of the survivors of the first national republican convention has met with general expressions of favor. J. Vinton, a cattleman of Ukiah, Cal., was shot and killed by John Littlefisld as the result of an old feud. Littlefield was sub- sequenty lynched by a party of cowboys. In the preliminary run of the new Amerl- can liner St. Paul a speed of twenty-one Conaidering the fact the machinery was all new the results are conside ered remarkable, Captain Evans of the crulser New arrived in Washington. cruiser Indiana when that vessel goes inta commission. Captain Schiey will sucesed to the command of the New York. Peter Crawford, a young inan who was | formerly a mail carrier in New York, has | been asleep continucusly now for eight months and all efforts to rcuse him have proven futile. His condition was caused by a fall from a mall wagon, At Lexington, Ky., 1,958 women registered 10 vote at the school election. Of this num- ber 1,048 were colored. The white women did not begin registering until it was seen how geuerally the colored women were avail- ing themselves of the priviiege. The police of Chicago have b#n asked to look for John D. Mclutyre, who eame to that place as a delegate from Pennsylvania to the recent Irish convention. He had several hundred dollars with him, and. as he has completely disappeared foul play is sus- pected, lined to rge of with don tew Mr. Cleveland Conn., Tues- a hours and k has He will command the JUROR CXUSED A SENSATION Alleged Thrgats Had Been Made in Case the Jury Failed to Convict, DEFENSE WINS! IMPORTANT POINT AN Colleg sting the SAN FRANCISCO, Oct. 1.—After gather- ing up a few ragged ends of testimony left over from last week the defense in Durrant case this morning began the build- ing of an alibl for the young medical student from April 4 to 12 inclusive. The purpose of the alibi is to impeach the testimony of Pawnbroker Oppenheim and W. J. Phillips, who testified that on April 12 Durrant tried to pawn Blanche Lamont's rings at Oppen- heim’s store. During the course of the testi- mony, which covered Durrant’s movements | on April 4 and 5, a struggle was precipitated by District Attorney Barnes, who again chal- lenged the reliability of a roll call book at Cooper college. The argument ended in a victory for the defense £o far as the ques- tion before the court was concerned, as Judge Murphy sustained an objection to a question propounded by himself to the witness and cut off discussion. Tho trial began this morning with a sensa- tion which was quite as unexpected to the prosecution as to the defense. Juror I J Truman informed the court that last Thurs- day during the noon recess of the court he was approached by H. J. McCoy, general secretary of the Young Men's Christian as- soclation, who endeavored to engage him in conversation on the subject of the trial. “If you don't hang Durrant,” said McCoy to_the juror, “we will hang you." The court sald the offense bordered strongly on a crime and cited McCoy to appear in court at noon on October $ and show cause why he should mot be punished for con- tempt : R. W. Maitland, the electrician who testi fled last week with regard to the construc tion of the sun burners in Emanuel church, was the first witness called. The testimony was of the same nature as that given last week and was intended to show the liability of the escape of gas under certain conditions TESTING THE PAWNBROKER'S MEMORY The assault on Pawnbroker Oppenheim’s testimony then began. The defense called tc the stand four witnesses, by whom 1t was pro- posed to test the accuracy of the pawn broker's memory. Marvin Curtis, Willlam Catheart, P. J. Neumann and Leonard Ev- erett, members of the National Guard and signal corps, to which Durrant belonged, tes- tified that they had tak icies of jewelry to Oppenheim to pawn them. They describ in which they were dressed at the time. The deseriptions in many instances did not cor respond with the descriptions miven by Op. penheim when he was asked to tell how the men whoiried to pawn the articles were dressed, Eaeh of; the four witnesses said he had subscribed money to assist in the de fense of Durranty The next step,was to impeach the testi mony of David Clark, the witness who as- sisted Attorpey Quinlan to fix the date upon which he sa® Durrant and Blanche Lamont walking toward ¢ Emanuel church. John Patten, Patrick Mulvaney and M. L. Mur- phy said that/Clagk’s reputation for truth and inegrity wis bad. On cross-examination Mulvaney and Marphy said they were preju- diced against' Clark from the fact that they had had business)difficulties with his father The aistrict:iatiorney asked that the testi- mony be stricken out, but the motion was denied by thel court. The buildiig 'of Durrant's alibi tradiction’ of g’ eharge made by Pawnbroker Oppenheim Jil Hegun With the testimony of saffialt, a lecturer at Cooper Asked it Durrant was pre re ‘given on the morning of or teferred to the roll call at the defendant was re 1.} On cross-examination the doctor sald Vit he had no personal knowl- edge of Durrant's absence or presence, The defense” tried to offset this by asking it he could give the name of any one of the fifty- one students in the class who attended the lecture on the morning in question. The doc tor recalled the names of a dozen student and said he believed he could remember more it he were given time to think the ov RULED OUT HIS OWN QUESTION. he prosecution next attacked the re. lickility of the roll call. Before the district atlorney had hardly reached” the point of the subject, however, Judge Murphy took a hand in the examination. He asked the withess whether in his experience as an in- structor at te college he had known of instances where students had answered at roll call for other students who were not prasent. The defense at once interposed an objection, and the court was placed in the predicament of having to rule on its own question, The judge said that while he might permit the question to be answered if it sheuld come from a proper source, he would sustain the objection for the present. Then District Attorney Barnes asked the same question and the defense interposed another objection. Attorney Dickinson argued that while it was possibla to call into court every student who attended the lecture and ask ch one if he answered at roll call for Dur- rant, it would be unfair to cast suspicion upon the particular roll call in question by any practice or custom that might have obtained at another time. The court said that it believed the question proper and tha evidence sought competent, but for the sake of safety sustained the objection, With Durrant’s whereabouts on the morn- ing of April 4 accounted for, the defense attempted to show where the defendant was the next day. George A. Merrill, an instruc- tor at the Lick School of Mechanical Arts said that Durrant called upon him at 11 o'clock on the forenoon of April 5. Asked if Durrant made known the objcot of his call, the witness replied in the affirmative, but he was not parmitted to tell what Durrant said. Before court adjourned Attorney Dickin- son called the attention of the court to the large number of threatening letters that were being recelved by himself and Attorney Deuprey, and asked that the jurors be in- structed to turn such letters over to the court, should they receive any. The judge sald he received a great many letters of the same kind. GIBSON 18 1 the manner in con- SARCASTIC. Rev. John jeorge Gibson, pastor of Emanuel Baptist church, was seen today. He was very sarcastic and answered all ques- tions with frohical frankness, Were you surprised at his charge against you?" 2 b “‘Not at all} 'His accusation is in harmony with all the-setiens of the defense from the beginning. You surely think I am very stmple It yousgnpgose 1 have been in ignorance of the work £f10g on in the underground ra.l- way." ’ < ““Do you think-4he defense will spring some surprises?'* A% L@ “That ig to answer It a rat as wi the rat, fo right mom When e ap) on fts neck) “Your han ng is going to figure in this case?” “Yes; M prey says so. what he 1 ng about. He sure of my writing as he Chen testimony. ““What is your opinion about the handling of the case?"’ “In thege days when analogy does duty for logic it Is positively refreshing to know of at least two lawyers who are intelligent epough to think the people do not see any difference between a bluff and a fact.” “Don't you thimk they are working faith- question, but 1 don't care d-umu» I think I can smell fgany other person. I hope Sown sake, will choose the come out of the hole the cat will not have a bell He knows is just as was of Dr. tylly? Yes; they are piling up exceptions that ae crushing the righteousness out of their case. Every technicality is a curse thrown into the face:gf the friend they profess to defend. No witness has done 80 much against W. H. T. Durrant as the actlions of his attorneys. [ would rather be hanged than saved by such means as Mr, Deuprey and Dickinson afe employing What do you think of W. H rant?" “Whatever people’s opinions are, there are few but think that he deserves a wealth of T. Dur. sympathy, but be is unfortunate enough in [ the | the hour of wisdom." CHANGES New € Himself SAN ment of the assistant to t one of his t leaves Houstc Francisco, A Huntington in a position “Mr. Curtis President Hui He tion is our s will be L believe ir himself with Kruttschnitt ference. any ‘on abie to say ju President '} ized a numb tem under the necessary to department, eral Manager to his dutic personal atter tem, which Mr. that some partment lantic s H. Mal tem by W. C. s as York City. J. J. Ryan, ist tive power an Thornwell ant general s ger Agent system present Condition NEW YOR the Oregon the finan reference to the half ye 5 per cent b present amounted was in c: to h. only debt $107,310, due be due on De which there Smith states interva and $287,500 to § pairs to stea not believed November 30 tave been e: 600 in outsta: Refuse fused toda per cent of was the I declared for it wa morali; pose. by t General roads held a a committee The port Tow. Judge ACOMA, Northern report direct] n issued abe dire rders of Ge ford’s action of the receiv temporary, i ceivers for t The day's court this evening Incorpors SALT Tribune from corporat Poses to cons to San Fran $30,000,000. man, adelphin; H. and Butte pas The Expe out and stuck him to When, they h. the horse bal his legs, and fidential tone and refused t but the hors not start. S and talked to boring fence then as a goa “We said the frie house to had none, “I have it," 1's in_his ear. So he foun dropped it i epped back started. He harness, but though it is be behind the far too muel horse rushing his head and this., Then from him to tear the pape away, but thry one. on,! me some ing " he wa The of incorporat Incorporators Walker, Mor Herman with a engage in rylng of eggs. are on a str Not much! eral FRANCISCO, Oet. 1 engineer of the maintenance of way depart- says is a very - aluabl selection of an assistant to the gen ger will be left to < new after by the mafnten Kruttschnitt's manager of both s; of his Over to others, so a maintenance of way de- has been would remain management seceived $38,000 from San Frarnci now aken as final in th freight by ting money be turned over to appointment LAKE, n were California, Idaho & Montana road, which pro- A man once he found a list of “Things Worth Knowing." “I will save that,” he sald, and he cut might borrow The man took off his hat to mop his fevered brow and found the list of things worth knowing. Schaeffor capital stock of $1,000,000 the manufacture Ferguson appliances for the candling and car trouble to have as ON SOUTHERN PA Manager with Hix Own Fri W« Southern Pacific compan he general manager, ma itles when Julius Krut on, Tex., and comes t least that fs what C Mr. to be well informed. Is an excellont ntington. “Mr, Curti tatisticlan left to Mr. His Kri future tschnit Mr. Kruttsehnitt I permitting a man to su men of his cholcs, W returns we will hold st at present.” luntington said he had er of changes on regime it has establish a maintenanc: Up to the present Kruttschnitt has, s as general 1tion to the wo hon the P in a nee of way depa new duties as stems make it_nes present duties be established on Huntington says appoin! engin Mr. besn charge, a_position corresponding to that held h Mr. Mahl is a son of William Mahi, urtis on the Southern ant to the president § . “who Is at present d machinery. 3 uperintendent, B. Morse of th in New of the Oregon Ca K, Oct. 1.—President Tmprovement, company the default in in ar _on_ths second onds. The total assets assumed §680,630, of which sum ce July 1 there h 0. York cons W owed in New the sinking fund, cember 1, next, $47 s now in hand that the net 610, 258,00 earnings fund requirements. 352,600 will be needed mships and coal mines. that in the fiscal year 0 that the fixed rned. These amount nding bonds. to his friends two men whose fame outshines their Huntington time manager, the charges best Surrounding ny ay drop tschnitt to San ollis P, is mploye,” . 1 mi man to the company. oceupa t. The al mana he said irround hen Mr. a con- There are some changes to be made, but just what we will do with Mr, Curtis or else in the gencral office I am un- author- the Atlantic In the organization of that system been found of way Gen- addition given on the Atla rtment general cessary handed At- that J. neer in Pacific n New filling the position of master mechanic of the Atlantic system, has been made superintendent of mo- y has been appointed assist- Mr. Huntington said that General Passen- Atlantic York for the iny. of mith has is- sued a circular to the stockholders defining al position of the company, with t today for olidated hen the been . The Is the There will against 0. M in From for re- It is ending will 0 §660, to Better the Rate. double locals, The onl; All the other they were not sellin ction of today's mattor. agents of the meeting today and to prepare and submit meetin, The committee meeting to be held Wash., Oct. 1.—Judge I general railroad, superintendent general y to the court. An orc that all employes neral Officer Dickinson him. Judg result of the resi, filed with him ot is a ending the his cireuit was business. for Seattle. n Railrond Oct. 1.—A special Cheyenne says articles filed there today appolatment tomorrow m~de after a Judge Hanfoi truct a road from Butte, neisco. The capital Theodore Voorhee M. Dickey, Chicago, and rties. RIED IT ON. riment Mo an Ex da s a. anday paper ar it in his hat. relates the Chicago T ad gone a long way fror ked. The friend got out talked ; but th 0 move. to him in a horse smiled w ‘Then the fr e whisked his tail and » the friend became the horse as and used it d, but without result start him with gunp: and he went to a f. gunpowder. The nd, *he cried, as he rea irregular pebb ear. T it. T 1 a nice, nto the horse's to watch the re took witn him a pary he left the cart perfectly correct for the two miles behind the n wateh horse h. As W waving his tail, he he looked at his the cart. Lastly er out of his hat he paper stuck he t and fast am afraid it home without “1 Bet sald, y to has filed county cle Ferguson, L. Lom: company fon with the being T. 8 -is Palmer, E sale e tie I'll get married first.” Division Superintendent or stock The incorporators are Mori New Yorl behind throw will CHICAGO, Oct. 1.—For the third time in the last three months the western roads re- to make any further reductions in rates for the Atlanta exposition than 75 ly road that voted in favor of a further reduction ofs Central. that tickets to the exposition and to make r roads ng any ates but affording an opportunity to de- their general business without pur- 5 may western appointed a plan of equalizing lumber rates from Chicago and the Mississippi river to Missouri river points and points beyond. to another will re- tomor- anford Maintnine Hix Position fanford late this afternoon appointed G. W. Dickin- son, assistant Pacific of the officer of the road for Washington, with instructions tc ler has Me- ey the and all e Han gnation yesierday. and today's appointments is supposed to br of re- soon heavy rd left pany. to the of in- for the Mont., is Lip- . Phil- Denver Successful nd in it it “I may not be able to remember all these things,” he said, “but I will have them on my head, I not in it. That afternoon a friend came with a high- stepping horse and an exalted cart and took drive, Cribune m home of the cart and patted the horse’s nose, and rubbed low con ickedly d used the whip flercely upon the obstinate animal would very angry a stepfather to hi child, and he borrowed a board from a nelgh as a crowbar and ywier, armer’s farmer from the ‘To start a balky horse drop a pebble ble and hen b hors f th and art to him is ed the dly down the road, shaking admitted friend, and to it So he ried sw away the hat and went home witho tell walk Will Do an Egg Dusiness. 1guson articles rk, the 8. H ax and The eompany starts out nd of Girl employes at the Helena eracker factory and their desperation be inferred from their conversation being advised to return to work, sald may One of and | tic | ific system s looked the will merely pay the first mortgage the sinking of the Naval Acndemy. WASHINGTON, Oct. 1.—The annual re- port of Captain P. H. Cooper, superintendent |of the Naval academy, shows that during the year past twenty-six cadets faiied to pass | the examinations and were permitted to re- sign, no vacancles being caused by death or dismissal. Tha superintendent urges that the | Himit of age permitted by law for the en- | trance of cadets 1s too great, and it should | | bo established between 15 and 17 years. In | view of the very large percentage of fail- | ures of candidates to pass upon the exam inations, he re mmends the adoption of the practice prevailing at the Military academy, by which the consent of the academic board Is necessary for re-examination. He recom- mends also that the selections for the varlous corps in the na be made at the conclugion of the four years' course at the academy, and that the surplus graduates may then bo dis- charged, doing away with the additional ourse of two years afloat. Appointments should be made one year in advance of ad- mission in order to afford proper opportunity for preparation of the candidate. The super- ident says that the appliances for the fcal training of cadets are insufficient and as seamanship cannot be taught alone by precept he asks for two new practice ships. pra Oct. 1.—The following fourth-class postofiices became presidential today and the postmasters in each ex cept one, were appointed. The exception is Daniel Madden, vice M. J. McNamara, Cud- ahy, Wis. The others are: Arkansas, Mam- mouth Hot Springs; Colorado,Victor; Idaho, Wardner; Illinols, 'Mount Olive, Rossville: Indian Territory, Claremore, South MeAles ter; Iowa, Lisbon; Kansas, Cherokes, Oska- loosa; Mississippl, Pass Christian; Missouri, Platte City; Ohio, Oak Harbor; Texas, Al | bany, Baird, Bellville, Forney, Gidding, Meri- dian; West' Virginia, Montgomery. » x-Senator WASHINGTON, Oct hone Is brighter and more morning and his condition compared with his extremely critical state last night. The area of the paralysis has not extended and to some slight extent has abated. The general has recovered power over the muscles of his tongue, but is not t able to speak. He remains consclo a this morning when his son, William Matone, jr., arrived, his father recognized him and e nded his right hand. The left side and limbs continue completely paralyzed News for WASHINGTON, Oct. 1.—(Special gram.)—Captain Carroll H. Potter, Eighteenth infant is relleved as member of the board of ey, appointed March 13, 1895, and Captain Alfred’ C. Markley, Twenty-fourth infantry i detailed as member of said board. Major Joseph P. Sanger, inspector general, rdered for duty with inspector general. Captain Phillip Reade, Third infantry granted leave one month; Captain Douglas M. Scott, comm ary of subgistence, one month extended irst Lieutenant Augustus C, Macomb, Fifth cavalry, ten days extended enator Ma- cheerful this encouraging Army. ot River Work 1.—General Craighill, chiet of engineers, has gone a tour of inspection of the government works on the upper Mississippi and Missouri, leaving Colonel McKenzle in charge of his on Town Bank Can Do Business. WASHINGTON, Oct. 1.—The comptroller of the currency has authorized the Rirst National bank of Britt, la., to begin busin with a capital of $30,000. — o> ASKING FOR A CONTINUANCE. Attorneys for Ish Are Ansi to ve the Ca o Over. Another motion has been filed in the dis- trict court by the attorneys of Ish, asking for a continuance of their client’s case, princi- pally on the grounds that one of the im- portant witnesses for the defense is ill and will nat be able to attend the trial within two weeks. This witness is Ish's mother, who, it is alleged, is at present confined to her bed. In support of the motion is attached an affidavit from a physiclan, who testifies that Mrs. Ish will be confined at least ten days with neuralgia of the stomach. Another reason for the continuance is that one of the defendant's attorneys must attend a murder trial in Dixon county, which has be:n con- tinued once, and for which another continu ance cannot be obtained. The hea continned until October 14, us Suys Fr h Did Not Act Fair, In Judge Blair's court a jury was listening rday to arguments in a suit brought by Tempie M. Atkinson against Egbert French for the iecovery of the value of a stock of good The plaintiff claims that prior to June 29, 1887, she was the owner of a stock of millinery goods valued at $11,604, against which there was a debt of $4,000." On the date mentioned she entercd into a bargain with French for the transfer of the goods, French promising to give her in return property in Central park, agere ing in value the difference between the of the goods and the outstanding debts. plaintift alleges that she kept her part of the bargain, but that French did not keep his. Bank Workers De d in Cour County Judge Baxter Monday refused to grant a writ of habeas corpus in the cases of Harvey L. Barnes and Frank Foster, the two bank swindlers who are now being held in this city for the authorities of Kansas Cit where the prisoners are wanted for beating the Union Natlonal bank out of $700. A writ was to have been asked for again yes- terday on other grounds, but the attorneys of the prisoners dropped the case. Now He Wants Hix Pa y Landface is trylng to obtain a judg- the American Fire ¥ Hary, ment of $1,750 against Insurance company in Judge Hopewell's court. Several years ago Landface owned a factory bullding in Albright which he In sured with the defendant company. building burned down and the company re- fused to pay the insurance, H. B. Claflin & Co, gun suit against Singer New_York store for § for debts incurred Darius Wood and others have filed an ap- plication for a receiver for the property owned by the American Bank and Building associa- tion at Fifteenth and Farnam streets, The criminal section of the district was not in session yesterday, Judge “having gone to Malvern, la., to attend funeral of his mother-in-law, who died last Sunday. Corliss has filed a petition of di- vorce her husband, Frank, on the grounds of cruelty and desertion, The couple were married in December, 1872, and have a 21 years of age. Nerves Are like Fire. They are Cood Servants But make Poor Masters To keop your Neryes steady, Your Head clear, Build up your Strength, Sharpen your Appetite, You must have Pure Rich Blood The Best Medicine to Vitalize and Envich the Blood, is Hood’s Sarsaparilla The One True Blood Purifier Promiuently in the Public Eye, of New Yo 08. of the bankrupt court Scott the on son Hood’s Pills cure all liver {113, blllouse noss, beadache, 25, office, QN Only One! Not more than five men or women in a thousand are free from some form of Kiiney, Liver | or Bladder trouble, which is cer- tain to run into serious disease unless checked, Stop and Think! that there is but one known remedy for these troubles, Ask any druggist, physician or friend what it is, and he will tell you, | Warner's Safe Cure. 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W R R a1 ot ROt by, Sore PAY NO PAY UNTIL CURED N EXAMINATIONM FREE. NoOperation. No Detention from Business 307-308 1( 8 3 ll!' Bidg. 7omuuA.m. EN L PiLLS respondence, CONRULTATION FRER PERMANENTLY WE REFER YOU T0 8,000 PATIENTS SEND FOR CIRCULAR. G d Only Ge A EN oner, e dinperois piioe N I v i > i, 10,0007 5 on v Chiehester Chemical Co., M Dr. Searles & Searles, i, CURED 2% ‘Write for Bank Referencas. THE O. E. MILLER CO., AMUSEMEN CREIGHTON THEATRE Tel. 1531—PAXTON & BURGESS. Mgrs. Matnze Today 2:30. ANY RESERVED SEAT, 25¢ Stall Box and Divan Chairs,250c. TONIGHT AT 8:15. Everybody Is going to ses W. A, BRADY'S PRODIGIOUS PRODUCTION «w..The Cotton King Coming October 4-6, Charles E. Callahan great scenic production, “COON HOLLOW Bovn’ Two Nights Only. Welnesday and lhursgay, Oct, 2 and 3 Direct from an absolute conquest of New York and the Pacific coast, THE IRRESISTIBLE COMEDY, T00 MUCH JOHMUNSON With WM, GILLETTE and all of the Original Company. Management of CHARLES FROHMAN. Prices—First floor, T6c, $1.00 and $1.60; balcony, 50c and 75¢; gallery, Sale of seats opens Tuesday moruing, October 1. BOYD’S it 17th anl Harney Streets. OCT. 4-5 play THE SILVER LINING Wrltten by Fitzgerald Murphy. A Free Silver Triumph, A Beautiful Scenic Production. Directlon of Tom Miller. of seats will open Thursday floor, Se, i BY SUTTON VANE. Friday Saturday The SAT, MAT ccess of the age American rreat ale Prices - o and Wirth's Music Ha'l, THE DAMM FAMILY LADIES' ORCHESTRA, ening from § to 12 “londay, Tnarsday wnd Saturday, from dto & st.on Viclin an | Coruet. hear tac finest lndy wusiclans in country. morning. and $1.00; balcony, A - | 3