Omaha Daily Bee Newspaper, August 14, 1900, Page 2

2 THE OMAHA DAILY Bee, August 13, 1000 Tailor-Made Suits In oar Cloak Department we are selling all our fine T ailor-made Suits at reduced Every suit is new and stylish and made up of the best of ma- We make all alterations, so you may be sure of a perfect | Note these special low prices: All & All £20.00, We Close Our Store 00, £ 00 and £16.00 Suits reduced to $10.00, 3.00 and $£25.00 Suits reduced 1o $15.00. Saturdays at 6 P. M. AGENTY FOR FOSTER KID GLOVES AND MeCALL'S PATTERNS, THoMPSoN, BELDEN 3. Co. HE ONLY EXCLUSIVE DRY GOODS HOUSE IN OMAHA. ¥. M O A, BUILDING, COR. 10TH AND DOUGLAS ST NEELY WILL STAY HERE Judge Lacombe Refusen to Sign Writ Which Would Send ex-Officinl te Caba, NEW YORK, Aug. Judge Lacombe of the United States circult court today re- fused to elgn the writ of extradition for rles F. W. Neely, on account of the action of Judge Wallace in granting an ap- peal to the sup court in the habeas corpus proceedings, but indicated that the real situation of the case and he be lleved If it went to the supreme court in its present shape the application for a writ of habeas corpus would be denied In refusipg to sign the extradition writ Judge Lacombe sald in part 1 came here this morning to sign der putting Neely tn custody under passed by congress on June 6 last vided the government mada a disposition of the two siits under which orders of arrest sl stand_agafnst him. 1 find, however, that thé exceptional zeal of the prisoner & counsel hax produced o most peculiar git tlon, a_complication that o far as [ know has ‘never before oxisted In connection with extradition cases Judge Wallace of this court has been, ap- piled ¥o for a writ of habeas corpus on the ground, among others, that the act of June & in unconstitutional.” The writ of habeas corpus was asked in order 1o, test the. con- stitutionality of the act and to restore to lberty a prisoner alleged to be held under it But the act of June 6 does not apply here. No one is restrained of his liberty under that act. [ never iasued an order a thoriaing his holding under the act of Jin 6 Now thé proceedings asking for a writ of habeas corpus has been refused, an ap- goal taken and an-order iasucd by Judge Wallace remanding the prisoner. | do not know upon what information Judze Wal- lace acted. Nor can | Ace what else can happen to the appeal when it reaches the United tates supreme court, except that théy will dismiss {t as being brought upon insuficient grounds. Habeas corpus cannot be availed of under the act until some p ceedings are held under the uct. And have been careful.all along to allow the order of arreat In the civil sult to stand and not to attempt to put him under the provisions of the new act. Judge Lacombe sald he did not want to slgn papers dismissing the old charges and leaving the prisoner held only on the ro- malning order of Judge Wallace and asked Mr. Lindsay If Judge Wallacé knew that the man ®a6 not held under the act of June 6. Mr. Lindsay did not answer directly, but sald he knew the prigoncr wa an order issued by Judge Lacombe. General Burnett, by a request of Judg Lacombs, stuted. bis pesition in the case, aaying d-not think Judxe Wallace wae fully 4 ‘med of the prisoncr's proceed- fngs. Mr,. Lindsay eald all he wantéd was An opportunity to submit this case to the supreme court. In conclusion Judge La- combe sald: 1 certainly shall not take any action which will turn oyer to a foreign country or another state, It matters not which, & prisoner who is held h, under an order of arrest in a civil or criminal action, un- tl such actions shall have been discon- tinued. ‘This position 1 have taken from the be- inning. | shall not allow the prisoner to e remanded until we have got through with him. T shall assont to no proposition that will take prisoners out of the Jurisdie- tion of thin court ut the call of any tribunal on_earth. Judge ‘Lacombe then Henkel to keep the prison der the civil order or und lace order, us he chose with the district attorney The government was given until next Monday to decide what further wction it will take in the matter. adyised Marshal in custody un- Judge Wal- advise about that V FIRE RECORD. Big Buftalo Elevator. DBUFFALO, Aug. 15.~The Dakota elevator was burned today, entalling a loss approxi- mating $500,000. The fire started in the machinery loft and within fifteen minutes the cupola was a mass of flames, working its way downward through the machinery room to the bins, in which were stored 500,600 bushels of grain. Spontaneous combustion is believed to have been the cause of the fire, as the elevator was shut down Saturday night and was not operated yesterday. The elevator was used by the Lehigh Valley railroad. Unionists Cannot Join Mt 5 VANCOUVER, B Aug. 13.—Accordin to & decree of the Trades and Labor eounell unfon men cannot hereafter serve In the militia. This i3 the outgrowth of the sal- mon fishermen's strike, during which th militia was called out to prevent the strik- ers from attacking the Japancse fishermen, who broke the deadlock by accepting -heé terms offerod by the canners. The labor ““A Little Spark May Make Much Work."" The little *“sparks’ of bad blood lurking n the system should be quenched with Hood"s Sarsaparilla, America’s great blood purifier. K purifies, vitalises and enriches the blood of both sexes and all ages, Cures scrofula, salt rheum, dyspepsia, catarrh, FHoods Saua, he | did not think that Judge Wallace understood | arrested on| organizations have appointsd commitiees to act in the matter and the military men will undoubtedly be declared ineligible for membership in the unions BEGGAR GOES ON WARPATH Vagrant Threatens to Assault & Man Who Suggeated that He Go to Work. James R. Carr approached a crowd of men eitting out in front of the Midland hotel Sunday evening and began soliciting alms. After making a fruftless canvass of the en- tire party he accosted J. C. Forest, a guest of the house, trom whom he asked a nickel. I haven't anything for you,” replled Forest. “You're blg and strong and as well able to work ae [ am; go earn your money. This angered Carr, who at onoe assumed an aggreseive attitude and retorted: ““Well, 1 feel like doing something dewperate and 1 might as well commence on you as anyome else.” There s no telling what would have hap- pened had not a half dozen patrons of the house surrounded the belligerent beggar and restrained him until an officer arrived In police court Monday Carr was given thirty days for vagranc CARELESSNESS CAUSES DEATH Coroner's Jury Holds Rallroad Guilt- less of Death of Willlam Willlams. An inquest was beld in the office of the coroner Monday upon the body of William Willlams, colored, who was killed Sunday morning by being run down by a Chicago, St. Paul, Minneapolls & Omaha train near the intersection of Charles street. The ver- dict was to the effect that the aceident w due o his own carelessnes A few minutes before he died Willlams told the nurse at the Clarkson bospital that he bad friends in Independence, Mo. The oroner has telegraphed the marshal there, but has received no reply as yot. The body has been embalmed and is still in the under- taking rooms of the coroner. Check Worker Caught. A young man, who is sald to be good looking, well dressed, smooth shaven and ofly tongued, successfully worked the bogus check game on a number of Omaha mer- chants last Tuesday. He would cnter a store, make a £2 or § purchase and tender o 816 or §2% check on E. E. Bruce & Co., ln)‘ing thut he was & son of Bruce, In avory case he got the change. Among the elght or ten who were swindled are Ed F. Picker Ing. 106 South Sixteenth; W. B. Ostrander 12 Bouth Fifteenth; Moritz Meyer, 1322 nam, and O, D. Kiplinger, 1223 Farnam. Th: young man left town the 'same day and the detectives were unable to locate him. Mon- day evening Chief Donahue received a tel- egram from J. G. Doyle, superintendent of the Minneapolis police, saying that tne bo- &us Bruce had been arrested there, and alsy his wife. His correct name is Willlam Wendover. An officer will be sent for him andry Cart Robbed. Jo Chung, who runs a wash shop at Cuming atreet, reported to the polles M day evening that xome hater of (‘hinese had stolen ‘two packages of laundry from him. Jo went to a house at Twenty-fifth and Dodge Monduy afternoon to see about some laundry and left the bundles at the gate while ‘he talked to the housewife. When he came out they were gone. Jo Chung s evidently quite civilized. for hz asked Desk Sergeant Havey to tell all the pers and policemeen about it a.l the Jaundry would surely be recovercd. Then he would give a reward of $. Kment's Horses Hurned. A fire supposed to be of incendiary origin destroyed four horses, crippled a fifth and badly ‘burned the barn of Anton Kment, a house mover and contractor, residing at 1247 South Fifteenth stfeet, 'late Monday night. Owing to the delay in turning in an alarm, the department did not arrive until the fire had galned great headway, but it whas Kept from spreading to the numerous small frame bulldings nearby, The bufld- Ing s _valued ut $400 and the contents at $800. The latter will be a total los no insurance. Had Taken Tauglefoot. Sam L. Lyons, a coachman in the empioy of Willlam Grummet, 3008 Farnam street, was brought to the emergency hospital at the police station the supposition that he had take; with suleidal intent. After u thorough ex- amination Police Surgeon Ames was of the urlnlnn that he was suffering from excos- sive al the poison. arsenic Street Car Conductur Robbe H. Nelson, a conductor on the Sherman avenue line, was rohbed of $15.9 at northern terminus, Thirty-sixth street and Ames avenue, at 11:45 p.'m. Monday. traln had just switched, when Jumped aboard, grabbed ‘the conductor, carrled him off'to a clamp of weeds and rifled his pockets. The police were given a fairly good description of the men. Show Window Blown In, A heavy wind which prevafled early this morning blew in u large plate glass at the Smith-Premier Typewriter eompany's office. Seventeenth and Farnam straets. At Albert Cahn's store, Fourteenth and ~ Farnam streets, a similar accident occurred. Ocenn Liner Aflame at NEW YORK, Aug. 13. ric, which has arrfved, had a perience terrible “ex- while crossing the Atlantic. At noon Sunday on August 5 when the big vessel was nineteen hours from Queens- town fire was discovered In the car the forward hold and it raged thiri hours, when {t control. Hold No. 1, where the fire is be- ileved to have originated, had been flooded for the purpose of checking the flames. T MMM 1) A7 A M M M Send this coupon and Only 10c to The Bee Publishing Co., Omah » Neb For part....... Paris Exposition Pictures. Sent postpaid to any address, Stay at home and enjoy the great exposition. 16 to 20 viows evary week, covering all points of interest. Altogether there will be 20 parts containing 350 view: The entire set mailed for $2.00, - HNFTNERF N FNNFNANRTANNNN 55 with Monday evening under cohollsm, but had not taken any of the The two men ‘The steamer Cym- 0 in Veix Wwas reported to be under ISEEM VERY HARD T0 PLEA Thi=d Party Anti-Imperialists Denounce Both 0ld Parties, | NO USE FOR REPUBLICAN OR DEMOCRAT Bryan‘'s Leadership Means a Direct Attack Upon the Country's In- ati a While NeKinley's | Is Very Bad Indeed. INDIANAPOLIS, Ind., Aug. 13.—Delegates to the national or third party convention are beginning to arrive. This party origl- nated at the time of the meeting of the gold democratic committee in this city. At that time there was a committes of eleven acnt here to confer with the gold committes afd urge it to recommend the nomination of @ third ticket. Falling in this they fssued « call for a national convention to be held in this city August 14 and 15. Previous to this the anti-imperialists had issued a call for a convention to be held in this city on August 15 aud 16. The members of the national party hope to form an al- | lfance with the anti-imperialists and they hope that the anti-imperfalists will endorse the titket they nominate Louis R. Ehrich of Colorade Springs, Colo., will be the presiding oficer of the conven- tion and Isaac H. Klein of New York will be the secretary Today a conterence was held at headquar- ters and the following statement was lssusd A masy convention is_hereby meet at Indianapolis at 2 p. m 13 to nominate or co-operate in the nome- Ination of candldates for president 1 vice president upon u platform substantially as follows The democratic party i« conducting a direct attack upon the institutions of our country, 1t advocates dishonast mone, an' threaténs the integrity of the governnent The republican party is conducting on in- direct attack upon the fnstitutions of cur country, At home It corrupts the pibiic morals by selling public offices and special privileges to the highest contributors to party assets; abroad it wages a wicked ware of conquest in violation of the princ the Declaration of Independence. No one serves well his country who jolus in efther of these attacks, Party to nelther therefore, but opponents of both, we plédge cur honest afforts to the following ends “First—Independence and protéction to the inhabitants of Cuba, the Philippine slands, Porto Rico und Hawail econd—A single gold stan sound banking system. (L Third~The abolltion of all special priv- called (o on August ard and irth—A public service based on merit only In pursuance to this call the mass con- vention will assemble in the hall on th geventh floor 6f the Commerctal elub bulld ing at 2 o'clock tomorrow (Tuesday) after- noon. This call 1« addressed to all those opposed to the candidates and platform of the re- publican and democratic parties, Delegutes to the anti-imperfalistic convention and all citlaens are cordlally invited ISAAC KL AUNTIES HAVE PINK TEA ‘Opponents of Ahe Administration's on Policy Hobnobbing ndinnapolis, , Secretary INDIANAPOLIS, Aug. 13.—The congress of the anti-imperlalist league will be called to ordor on Wednesday morning in Tomlin- son hall by Senator Henderson of Missourl and he will Introduce Governor George Boutwell of Massachusetts, who will pre- slde over the meeting. There will be no eet program for the first session. A number of short apeeches will be made relative to de- termining what is the best course to pursue, Governor Boutwell s opposed to placing a third ticket in the fleld and will use all his influence to prevent the nomination of a third ticket and llkewise the endorsement of Bryan and Stevenson. He believes strong resolutions denouncing imperfalism should be adopted and the meeting should adjourn. It was thought that Carl Schurz will be here. It is asserted that he will aleo insist on an endorsement of Bryan and Stevenson C. Howland of New York says that the impreesion in the east fs that the anti-im- perfalists will join in the third ticket move- ment. R. A, Widemann of New York says: “We are confronted with a peculiar eitu- ation. 1t McKinle: ing his guns against free silver, is elected he will declare that his Imperlallst policy has been endorsed. 1t Bryan, who is at- tacking the adminlstration’s imperialiatic policy, Is elected, he will declare silver has been endorsed. Either would be contrary to our views." Among the arrivals of delegates to the two conventions are John Jay Chapman, W. A. Dudley, leaac H. Klein, Willlam H. Riley, Joseph M. Price, Everett V. Abott, Mr. and Mrs. J. M. Gilterman and Oswald Garrieon Villard, all of New York SURPRISE FOR DEMOCRATS One of Their Party in Philippines Polnts Out Advantages in Re- ta ands, SIOUX FALLS, 8. D., Aug. 13.—(Special.)— No recent letter from a South Dakota sol- dier in the Philippives has created so much discussion in state political circles and at- tracted 50 much Interest as a letter recelved a fow days ago from Harry Bramble, form- erly of Watertown, 8. D., who Is now serv- ing as a rergeant of Company H, Forty-sec- ond United States volunteers, in the Philip- pines. Young Bramble, like his honored father, Hon. D. T. Bramble, has been a life- long democrat. His father was in early days one of the leading democrats of the territory of Dakota, residing at Yankton, and afterwards recelver of the Utited States land office at Watertown. The letter is a reply to one sent to young Bramble by his brother, the present county auditor of Cod- Ington county, who wished a statement written from a democrat standpoint, with reference to what benefit the islands would be to the United States If retained. After describing the richness of the islands and alluding to their varied products young Bramble sa; “It you were here now sit‘lng where | am, seeing the rain falling in torrents and know that it keeps up for four months steady, you would say ‘Well, I don't know what they want of the Philippines fn Wash- ington,' but this would be only a selfish thought because you were uncomfortably located yourself. 1 think if I should be returned to the United States now in time to vote and that should be the main issue betweeu the republican and democratic par- ties rather than sce the Philippines given up after all the hard work that the sol- dlers have done to keep them I would vote the ropublican ticket.” TAis declaration on the part of an earnest democrat {s proving a bombshell in the camp of Senator Pettigrew, who is conduct- ing the campaign for re-election to the United States senate chiefly upon his open espousal of the cause of the Filipino in- surgents as agalnst the American soldiers. and bis public declaration to the effect that “It 18 the duty of the United States to im- mediately withdraw from the Philippines and apologize to the world for the mistake we have made Double-H DENVER, J. Bryan will recelve notification of his nomination for the presidency by the United States Mon- etary league at Topeka on August 23, the date of the people's party notification ex- ercises. Judge A. W. Rucker of this city, who is chairman of the notification com- mitiee appoluted by the Monetary league national convention, notified Mr. Bryan of this plan by wire today and Mr. Bryan as- sented (o the arrangement. Judge Rucker v, who seems to be train- | | for him BEE: TUESDAY \I’ | will Geliver the address of notification on behalf of the league. ARE NOT IN PAY OF BOERS Storten Implicating Liryan and Wehe vis Denied hy Kruger's Spokesman, NEW YORK, Aug. 13.—Touching a dis- patch from Pretoria and printed in London under date of August 10, in which it was stated that President Kruger is contributing between $2,600,000 and $3,000,000 to the elec- tion of Willlam J. Bryan and alio tha Webster Davis had recaived $125,000 from the same source as a contribution from the democratic fund, Charles De Pierre, consul general and treasurer of the Boer reller fund, and P. Lauterwessels, special com- missioner of the South African Republic of this city, today gave out & denial of both statements, adding to the denial the fol- lowing “The Boers have better funds. England 1s in desperate straits for the ‘sinews of war' when she will resort to such despicable means to influence the American people against the Boer ecause when fully 95 per cent of the citizens are in our favor.” BRYAN DOES SOME SPOUTING Democratie Leader Repeata His In- Speech to Phono- use for their CHICAGO, Aug. 13.—Mr. Bryan closeted himself with a phonograph today and de- livered over again parts of the speech of acceptance he made at Indianapolls last week. Those sections in which the candi- date promised to call an extra session of congress to deal with the Philippine ques- tion and the closing perfods were the prin- clpal parts of the epeech that went into the phonograph. It is expected that Bryan's spesch as ground out by the phonograph will play an important part in the campalgn BUTLER GIVES BRYAN SHAKE North Carolina Senator, it is Re- ported, Will Take the Stump for Melinley, LINCOLN, Aug. 13.—The Evening Post, a local populist paper, says that Chairman Butler will take the stump for McKlnley. Vice Chairman Edmisten was asked about this matter this evening and declined to talk. “In the abeence of definite informa- tion,” said Mr. Edmisten, “I can say noth- ing about Mr. Butler's future course.’ ‘andidate Woolley Injured. CHICAGO, Aug. 13.—John G. Woolley, candidate for president on the prohibition ticket, is suffering from a painful injury to one of his shoulders, the result of falling down stairs at his home today. It was found that his urm had beeo wrenched from the socket. Mr. Woolley expects to be able to £0 to Missouri on Weduesday night to fill engagements to speak. An engagement which he had at Mound y, Mo., has been cancelled. Negroes Call on Bryau. CHICAGO, Aug. 13.—This afternoon Wil- llam J. Bryan had a conference with a co- delegation of negro men, headed by J. Mil- ton Turner of St. Louls, former minister to Siberla. The date t8r the departure of Mr. and Mrs. Bryan for Lincoln is fixed for Wednes- day night at 10 o'clock. Bryan's speech before the Irish socleties will be made at Sunnyside park on Wednesday afternoon. ® in Conference. CHICAGO, Aug. 13.—Chairman Park Mar- tin of the Indlana state central committe and Mayor Taggart of Indianapolis were in conference today with Chalrman Jones of the natlonal committee and Vice Chajrman Johnson. Mr. Bryan and ex-Governors Alt- geold of Illinals and Stone of Miseouri also were present. It Is expected that Mr. Bryan Wil make some speeches in Indiana toward the close of the campalgn. Arrangs Rooseve Itinerary. NEW YORK, Aug. 13.—At republican headquarters here today Senator Scott of West Virginia said the itinerary for Gov- ernor Roosevelt had been mapped out and will be sent to Henry C, Payne at Chicago to confer with all the places where the governor will speak and get the dntes arranged before it is made public. Hryan Will Re Present. NEW YORK, Aug. 13.—The National As- sociation of Democratic Clubs recelved a personal assurance today from Willlam J. Bryan that he will attend the quadrennial | convention of that association on October 3 and 4. Mr. Bryan replied to an invitation from President Willlam R. Hearst. Bryan and Grand Army. CHICAGO, Aug. 13.—Colonel William J. Bryan will not be in Chicago on Tuesday, August 25, the day of the great parade of the Grand Army of the Republic, but will defer his arrival until the next day or per- haps two days later. dent Goew to Washington, CANTON, 0., Aug. 13.—President and Mre. MeKinley will leave for Washington at 5 p. m. Thursday afternoon. The Canton home Wil not be closed during their ab- sence, which will probably be for about two weeks. Senator Mason Home from Alaska. SEATTLE, Aug. 13.—The City of Seattle arrived at Port Towunsend teday, bringing usiderable gold from Skagway. Senator Mason of Illinois was a passenger. iovernor L . PIERRE, S. D.,, Aug. 13.—(Speclal Tele- gram.)—Governor Lee hus issued a requisi- tion on the governor of Pennsylvania for L. F. Brow allas Ira White, wanted in Turner county for disposing of mortgages property Governor Lee on the recommendation of the board of pardons today granted pardons to James Loaby and George W. Dixon. Actions hy Barley King s Bankrupt, CHICAGO, Aug. 13.—A petition {1 bank- ruptey was filed today in the United States district court by Henry J. O'Nelll, com- monly called “The Barley Kine,” and known far and wide on account of his trans- actions in that ceresl. The amount of hix Mabilities 15 stated to be $442,401; the assots, | #6,000, Boot Better, NEW YORK, Aug. 13-Mrs, Booth- Tucker, wife of Commander Booth-Tucker of the Balvation Armv, who has been Il at 8pring Lake, near Asbury Park, N. J.. and who was reported dying. 18 now said to be greatly improved in health and out of dan- ger eneral Welleaton Sick. FRANCISC(O, Aug. 13.-General B. Welleston s suffering from narv prosiration “caused by exposhire in nilippines. ife has been removed trom the hotel to the general hospital at th Presidio, where he can obtain more perfect rest ngrains rule the world GRAPE-NUTS food makes brains SAN SN R ARAAAANAN AANA anry \ i } Try it Sold by atl grocers g VAAAA AN AANANAAA AN AUGUST 14, 1900 SPOT WHERE GOEBEL FELL Jury in Powers' Trial is Taken to Frankfort to View Scene of Tragedy. TAKING OF EVIDENCE IS CONCLUDED Argnment In the Most Celes fed Criminal Case in Ken- tueky, If Not in the United States, Will Hegin. ny GEORGETOWN, Ky, Aug. 13 -The hear ing of testimony in the case of ex-Secretar of State Caleb Powers was concluded a noon today and tomerrow the argument be fore the jury will begin. There will be five speeches on each side. Those who wi 1 speak in behalf of the prosecution are Common wealth's Attorney Franklin, T. C. Campbel John K. Hendrick, Victor F. Bradley and Captain B. B. Golden. Those who will argue the case for the defendant will be ex-Gov- ernor Brown, J. (. Sims, J. C. Tinsley, ex Congressman Owens and Judge George Denny. The jury was taken (o Frankfort this afternoon to view the scene of the tragedy The case is expected to reach the jury by Saturday. The jury arrived at Frankfort at & o'clock and spent an hour in viewing the state capital grounds and buildings and other points in connection with the case The jury was in charge of Judge Cantrill and the deputy sherifts. The defendant Powers also went along and was in the office of the secretary of state for the first time since his arrest The point where Goebel fell, the window from which the shot is claimed to have boen fired, the basement through which Youtsey walked out after the shooting and other places which have been frequently referred 1o In the evidence were pointed out by the court without comment B. W. Bradburn, a ward commission, was called today. Bradburn testified that of the $5.000 drawn by the commissioners of the fund appropriated by the legislature only about $4,000 had been expended and said that no money had been paid to any witness who had testified in the case and that no agree- ment or contract existed between the re- ward commissioners and Wharton Golden, Robert Noakes, W. H. Culton or any other witness. James Walker, colored, corroborated the testimony of J. W. Dougherty that John Perkins, the porter in Adjutant General Collier's office, had told them that defense nted him to testify that he (Perkins) had carried the orders to the troops at the arsenal calling them out. but that he did not Intend to testity to it and it was not true, member of the re- the first witness Witnesses Ruled Out. The prosecution offered in evidence sub- Poenaes for several witnesses who were claimed by the defense in an afidavit at the beginning of the trial as being in pos- session of Information which will be of great benefit to the defendant, the names of ex-Governor W. O. Bradley, ex-Assistant Secretary of Stute J. B. Matthews, ex-As- sistant Adjutant General Dixon and Hamp Howard being among them. They were present during the trial, but were never called ou the wituess stand and the pros- ecution wanted that fact to go to the jury. The defense objected and the court s talned the objection. The prosecution an- nounced that it would rest its rebuttal testimony at this point and Assistant State Auditor Grayot was then called by the de- tense, whose cross-examination of the wit- ness In regard to the alleged speoulation of W. H. Culton, while a clerk In the avditor's ofMce, were not completed on Sat- urday's examination. Grayot produced the additional records asked for by the defen at that time. The prosecution insisted that if the defense was allowed to produce the vouchers and warrants in question, upon which the defense alleges he stole $1,148, Culton must be allowed to go on the stand | in order to explain the transaction on his | part. The court ruled the evidence out | Bx-Auditor Stone was then called. The |court ruled that Stone could not testify |at this stage of the tirial concerning the | matters upon which he was asked and the | attorneys for the defense accompanied by the prisoner withdrew for a consultation. Judge Reserves Declsion. At the afternoon eession of the court Judge Sims for the defense made a motion that the court instruct the jury that the testimony of three witnesses, who contra- dicted the testimony of County Attorney James Sparks of Laurel county and who swore that Sparks said Goebel was to be killed on January 28, and that Governor Taylor would pardon the assassin, should only be considered by way of affecting the credibility of the witness Sparks and should not be taken as substantive proof against the defendant Powers. Judge Sims argued that this was the legal position of the mat- ter, as Sparks was not under indictment as an accessory or conspirator. Commonwealth's Attorney Franklin ar- gued that the proot should go to the jury without restriction. He called attention to the fact that the indictment against Pow- ers charges him with conspiring with the other parties Jointly indicted and also “‘others to this grand jury unknown.” He €ald that the proof indicated that Sparks was one of the conspirators who were un- known at the time of bringlug the Indict- ment. Judge Cantrill reserved his decision on the subject Squabble Over Instructions. On the return of the jury from Frank- fort at 7:30 p. m. they were marched from the Midland depot to tho court house, where they answered to roll call and court adjourned until §:30 p. m. At 8:10 p. m., when Judge Cantrill rapped for order, Commonwealth's Attorney Franklin sub- mitted instructions which counsel for the prosecution thought applicable to the case. When Judge Cantrill asked for suggestions from the defense as to what should be in- cluded In the court’s final instructions to the jury, ex-Governor Brown declined to offer any, saying the defense refused to prepare a list of instructions and asked the court to submit his instructions and then glve them to the defenso and allow it to suggest such changes and amendments s they might think proper. Judge Cant- rili said it had always been the practice for both sides to submit their instructions and then the court. afded by both sides could prepare instructions and deliver them to the jury and if either wide had any further ~instructions or suggestions to make they could ask the court to deliver them. Mr. Brown maintained that the court should prepare his instructions without any suggestions from the defense and that the counsel for the defense could make whatever changes or additions they aw fit. Judge Cantrill said positively that he would nmot submit his instructions to the defense for inspection unless Powers' lawyers submitted their suggestions in ad vance. At 10 o'clock, however, attorneys for the defense agreed to prepare instructions to be submitted to the commonwealth and to the court and Judge Cantrill said he would hear argument from both sides tomorrow morning and that they would be allowed twelve hours on each side for final argu- ment le Priests In Retreat. PIERRE, 8. D. Aug. 13.—(Special gram.)—All the Catholic priests In th. state east of the Missouri river, about ft: in number, will be here tonlght to go into Tele- annual retreat at the Benedictine sisters school in this city. In the past thees treats have been at 8t. Paul for the ason that the Catholics owned bullding v the state large enough to accommodate all of them, but from this on they will here PEKIN NOT FAR AWAY (Continued from First Page.) re no mees | by orchards and gardens and is not a place | Mkely to have afforded opporiuuity for | strong defense, 1t is the highest point on | the Pei river, where he river water depended on, as the native wells are the source of supply the balance of the route to Pekin. As It has taken five days for General Chaffee to report the ad vance to Ho-81-Wu It is evident that wire communication s not epen to the front This was hardly to be expected and the safe arrival of the message at least shows that & certaln measure of communication 1s open. One of the chief sources of con gratulation among offieials s that the fancied hordes of China have not mater falized, oF at least have not prevented the international column from drawing close to the gates of Pekin Shortly after this dispateh arrived another message from General Chaffee, far mare lengthy, gave the melancholy result of the fighting at Yang Teun, The casualty lst was given in detail, with the addi tional information that the dead had been burled at Yang Taun, while the wounded had been sent back to the hospital at Tien Tein. on Reply to Peace Proposais, The reply of the United States govern- ment to China's overtures for peace was made public early in the day, showing the firm and final position that had been taken, While expressing satisfaction at this spe cific step the reply states that it is evi- dent that “there can be no general nego tiation between China and the powers” so long as the ministers and legationers are restrained and in danger. Then follows a specific statement of what the United States expedts as a condition precedent to a cessation of hostilitles, viz: That a body of the relief force be permitted to “enter Pekin unmolested”” and escort the minis ters back to Tien Tsin. The text of the American reply s as follows Touching the fmperial edict of August §, appointing Li Hung Chang envoy pleni: potentiary to conduct negotlations on the part of China with the powers and the quest for a cessation of hostilities, pend- ing negotiations, communicated to Mr Adee by Mr. Wi on the 12th of August, 1900 The government of the learned with satisfuction of the appoint- ment of Earl Li Hung Chang as envoy plenipotentfury to conduct negotiations with the powers and will, on its part, enter upon such negotiations with a desire to continue the friendly relations o long existing between the two countries. 1t Is evident that there can he no general negotiation between China and the powers &0 Jong a8 the ministers af the powers and the pereons under their protection remain in thelr present position of restraint and danger, and that the powers cannot cease their efforts for the delivery of those rep- resentatives. to which they are constrained by the highest consideration of national honor, except under an arrangement ude- quate’ to accomplish a peaceable deliver- an, We arc ready to enter into an agreement between the powers and the Chinese gov- ernment for a ceasation of hostile demon- #trations on condition that a sufficient body of the forces composing the rellef expedi- tion shall be permitted to enter Pekin un molested and to escort the forelgn min- isters and realdents back to Tien Tsln, thie movement being provided for and secured by such arrangemeénts and dispositions of troops as shall be considered satlsfactory by the generals commandin, the forces composing the relief expedition ALVEY. A. ADEE, Acting Secretary, Department of Stafe. Washington, Auglst 12, 190, Powers Back of United States. It developed during the day that reforence to ‘“the powers" employed the American Teply was not without a distinet meaning.. Exchanges between the various powers have been golng on con- stantly and as a result the officials had the satisfaction of knowing late in the day that the action of the United States had the anproval and support of all the powers. While this had not beeh expressed in any formal manner by all the parties, yet the exchanges in the chancellories of Europe and through the foreign repre- sentatives in Washington had made it poeitive that the powers were acting unitedly in approval of the United States. Several of the forelgn representatives including Baron von Sternberg, the Ger- man charge d'affairs, and Mr. Ds Wollant, the Russian charge d'affaires, had extended conferences with Mr. Adce during tho aft- ernoon. These added to the assurances of unanimity among the powers. The pres- ence of the Russian representative was gratitying in clearing away some misap- prehension which was not shared by the | government here as to Russla’s course in | uthorizing M. de Giers to leave Pekin | under Chinese escort. 1t was pointed out that this in no way brought about a dif- ference between the attitude of Russia and that of the other powers, as all were act- ing on the theory that the Chinese govern- ment must give an absolute guaranty for the safety of the ministers. It seems that this absolute guaranty cannot be given by China unless it allows the international forces to enter Pekin, so that in effect the Russian position does not differ ma- terlally from that of the other powers At least Russia is included among those who fully approve the course taken by the United States. United Btates the n CASUALTIES AT YANG TSUN Geueral Uhafte, Thow, Cables Names Killed, Wounded or Prostrated. ot WASHINGTON, Aug. 13.—The War de- partment this afternoon received the follow- I0g casualty list from General Chaffee Che Foo—Adjutant Generai Washington Yang Teun, AUgust 7.—Casualties in action at Yang Tsun on August f: Enlisted men killed: Fourteenth infantry, W. I, Metzlor, Company 1L; Robert ¢ K Wyatt Hicks, Company 1, Btafford, Cor poral '‘Roy Bergen Lawrencs M. Gogine, Company B; Royland Pe Company From heat prostration: William Webh, mpuny M, Ninth infantry; Thomas Pro: phy. corporal marine corps Wounded Ninth Infantry-Frank R Ueutenant), wounded in shou Michael O'Brien, sergeant wounded in foot, serio nor. corporal, Cimpany f, wounded above knee,' werlous: Joxepn P Company M. wounded in abdomen, serfoux! Willlam Eseld, Company 1. wounded (n arm serlous; Albert W. Fitzpatrisk, Company D, wounded in thigh, slight Fourteenth Infantry-Company F Knoll, sergeant, wounded in’ groin, kerious Harry ¢ Huston, wounded ~in shoulder, moderate; Patrick Curran, wounded In lug above kiee, serious; lsmal 8. Tyler, wounded in arm. serious: Ralpn W wounded in head, rerfous; Charies | wounded in leg below knee. serious R. Kiddoo, wounded in ficad, moderate Louls A. Forgerel, wounded 1 -, serious Company I, Willfam . Mal first s geant, wourided In knee, ser Albright, wounded in chest, serlous; James Afkin, wounded in knee, ‘serious;’ ‘Aduin Houce, wounded in leg helow Fnes, slight G v wounded {n thigh, siight; wounded in shouldr, m, H. Hurst, « i Company Samuel mpany Lang (secord or, seriol Company Danlel J ¥, O'Con in iex Fritsea Frank Jame in head, se T, Clint W Horsford’s Acid Phosphate For Brain Workers Strengthens the exhausted and con- fused brain, relieves nervous head- ache, and induces refreshing sleep. Genuine bears name Hoxssorn's en wrapper, wounde ’l ir, w | Miller \Asrate wounde K, 1 serion 11 Owe Jor ot wo wour wounded Snell, wounded in nees tobert wded in k minh in hand, | poral, wounded | Frer 3 AT | Willse Lawrence Philip M. Ander s, James Rice | werfons: Robert F serfous; Ray 8. F Rorious: George D Gardner w | ok, serfous: Company L. Wil'la mett: et wergeant. wounded in ' RNt Henry Young. eorporal. wouy | erfous; Henjamin N Boyvie, wou i leg below knee, seri Alired M Wounded 1n hend Ros wounded in leg be Wt M. Fuller, wound thigh ‘ R Jackson, wourded fn oot antl Company M, Oran A, Kemper, mitsl ounded in head, mer ®: Charle unded 1n wrist, sl inded n ehest wounded in s e, ser) wounded in abdomer wounded arm wound M Cham serl Ie! bl Dwl Fran ons o W | Hurst. w | ¥ Smith P oD Joxeph Oue John Wagner John 1 Hehl Robert 1, Tippie, wounded Patrick Shea, wounded | |ousi Alonzo J. Babb, wounded in 1e ousi Jacob Hchwoehel, wounded | serious. and wonnded 1 thigh, siigh Mulligan. wounded fn foot, eriou First regiment marines, Company man A. Prujtt, hand, severe Battery I, Fitth artlilery Bromm. wounded fn leg, moderate Killed burled at Yang Tsun; wounded seat to hospital at Tien Tsin ; Androw In Insolvent John W. Bried state bank commissiorer, in his re Topeka Mutual of which ) At TOPEKA, Kan enthal port on the condition of (1 has taken possession, stat bilitles of the concern are $ assets, at thelr face value, alcut says that by the company’s javment of a dividend on January 1 he had been lad to belleve ft was solvent, but when he vegen to recelve inquiries from patrone of the company he ordered an nvestigation, re sulting in the dlscovery of fts insolvéncy Ther o stockholders Dowle Zionist in Sonsed MANSFIELD, 0., Aug 13.-W. O Dintus of North Harvey, 1L, and O Maot of Limo, elders in Dowle's church in Zion, drove here Sunday from Lunas. Officers tdok them to Crestliae to avold frouble. Thev enme back this morning and this afternoon w 'AIn taken out_of the ¢ty in a carrlage by tha officers. David Strach, a Dowlie tollower Who drove them to this city, was throwh into the fountain in Central park here thi morning by a small crowd. He sald he was not afrafd to drive them here nor wus he afraid of the Mansfield mob Adjourned. At the afternoon : jaynor hearing, Edwin John on, an expert accountant of New Orieans was a witness. He showed by Carter's pa pers that Captain_ Carter's oxpenses fi creased from 1890, when they were u little more than $4.000, in_jumps each vear until 15%, when they wera nearly $30,000 Several other witnesses gave tnimportant testimony and the government then closed its case. The hearing will be resumed on September 2, when the defense will pre sent Ity case. rinl Agnin Aug. 13 e Not Pay Rent. 3—Mr. Estes G. R bone has given tp the official restdence ho formerly occupied at El « nil s now living at the Hotel Hrocha, Kl Vedado. ABSOLUTE SECURITY. Carter’s Little Liver Pills. FOR SALLOW SKIN. FOR THEOI.‘P&.IXII OURE 8ICK HEADAGHE. DON'T HESITATE If you suffer from the tortures of Rheumatism. Take Mull's Pioneer Rheumatism Cure. 1t in each $1.00 box guar- Meacy. Bee your Arui Lightning Medicine Anti-Kawf to cateh cold. It will nure it Iest ihlag to take vacation 18 uf Antlsy You are sure your HUTELS, AP A AAAAA AN -v} The. .. Botel Victory Put.in-Bay Island, Ohio. . . . AMERICA'S Lurgest and most charm. v ing and moet elegantly furnished Summer Hotel, situated on the highest point in Lake Erle, qn one of the groups of beautiful lslunds, 60 Miles from Detroft, Mich.; 40 trem Toledo, O, 22 from Sandusky, O.; 6 Jiom Cleveland, O. HOTEL VICTORY Co. Address all Communications to T. W. McCreary, Gen'l Mgr. and Representative. 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