Omaha Daily Bee Newspaper, March 1, 1901, Page 5

- i —e— - WILLIAY M. EVARTS CONE| Former Benater Dies in New York at the Age of Eighty-Five, BEEN FEEBLE AND BLIND HAD eer of & Man Who the Gre t iver Given a Lawye Retainer in a ( NEW YORK, Feb. 128 ™ Evarts died at bis bome in this city today. | Mr. Evarts was 85 years old. His death | vas ¢ ed by pneumoni For several | s he had been without the use of hiy es and was otherwise so feeble that he was uuable to leave his room. Up to the time of his death he was the nomioal head f the law 8rm of Evarts, Choate & Bea- man, although for many years he had not Leen in active practice Soou after 4 o'cl this morning Mr. | Evarts sufferad a relapse, which caused | him to sink rapidly At § o'clock he re- | lapsed into upconsclousness and grew | weaker and weaker until ten minutes after » o'clock, without regaining consciousness, expired. From the time he became un- | onscious the dying man’s wite and chil- | iren were with him in the room re are fouf daughters and a like num- r of sons. The latter are Allen, Sher- man, Rev. Dr. Prescott and Maxwell Evarts 4 the daughters are Miss Mary Evarts, Mrs. Beaman, Mrs. Tweed and Mrs. Scudder, | The funeral of Willlam M. Evarts will | take place at 10 o'clock Saturday morning trom Calvary Eplscopal church. The body | will be taken to Windsor, Vt., where serv- | fces will held. Burial will be in the family plot In the Windsor cemetery. The rs will not be chosen until tomorrow noon Single Fee of Half a Million. ¥y years ago Mr. Evarts first became inent at the bar of New York. For| next forty years his career was an al- ost unbroken serles of legal, oratorical a al triumphs. He was the only law- yer in the world who ever got a single fee | of § 0; he defended Henry Ward| Beecher in the famous Tilton case ha‘ helped make Rutherford B. Hayes presi-| dent of the United States; he defended | President Andrew Johuson when the at- tempt was made to impeach him; he rep resented the United States in the Alabama | claims case; he served as secretary of | state in the Hayes cabinet and as attorney | general under Johnson, and rounded out| his public career as a United States senator | froin New York | Willtam M. Evarts came of good Puritan | His father was a philanthropist and the editor of a religious magazine in Hosto where In 1818 Willlam was born For many years during his son's younger lite the elder Evarts served as secretary of American Board of Commissioners for ign Missions. Young Willlam early became distinguished | as a student. After getting a good elemen- tary education he entered Yale college with the famcus class of 1837. At Yale he made a record as a thorough student, being es- pecially fond of and proficient in the clas- sics. Among the men since prominent who | wers among his classmates were Samuel I. Tilden. whose clalms to the presidency Mr. Evarts afterwards succeestully disputed in the interest of Rutherford B. Hayes Chief Justice Waite, Attorney General Vierrepont, Professor Lyman, Benjamin Stillman, and others. Already he had decided to follow the pre- fession of law, and he went directly from | Yalo to the Harvard Law sohool. There | he spent one year, going thence to New | York, where he entered the law office of | Daniel Lord as a student. Two years later | he was admitted to partnership with J Prescott Lord \ ne ancestry ire Recognized Early. No sooner had he begun the practice of | w than Mr. Evarts began to achieve r!n-“ n for a most unusual combination ot s00n seen that he was intiring industry; the careful and ration of his cases showed that. His ability easily made itself felt, and | witbal it was recognized that he was modest | 1g in character. The earnestness | ss which he showed in| 2g he undertook won him almost | mm te recognition as one of the strong | men of the New York bar | In 1849 his partner, Mr. Hall, was ap- olnted United States district attorney. He | made Mr. Evarts his deputy, which position 1e occupled for nearly four years. Here he st his first taste of public lite, while at the we time his conduct of some of the im- portant cases Intrustad to his charge a racted public attention to his remarkable thitles His First Celeb first of thess celebrated cases in| h Mr. Evarts won fame was that grow- ng out of what is known as “‘the Cleopatra cdition,” woich was started with the in- tention of making & raid on the island of Cuba and inciting the inhabitants to re- bellion. The secret of the expedition, how- ever, was betrayed and the vessel was i qualities. It a man of thorough pr was | ed Case. T | mon, as | cause why they | of Willlam H | senate | tresh and vigorous as when he began While the ship was in t York the Anti-Slaver writs of habeas corpus and summoned Lem the owmer of the slaves, to show hould not be delivered up to freedom, since he bad brought them within the jurisdiction of the state of New | York. Virginia sent the great lawyer and advocats, Charles O'Connor, to represent the claims of its citizen, which were feit to be the claims of the whole south. The case went up through the lower courts to the court of appeals, while the whole country watched its progress with the keenest interest. Mr. Evarts eonducted the case for the state of New York and efore the court of last resort successfully waintained the right of the slaves to free- dom. His success in this famous Lemmon slave case made his place among the great lawyers of the country beyvond dispute From this time he was countel on one side or the other in many of the most im- portant cases tried in both the state and tederal courts. He made a great record as counsel and trial lawyer in cases of con- tested wills. Among the more important of these was the Parrish will case, an attempt to set aside the will of Henry Parrish. of New York on the grounds of mental in- capacity and undue influence. and the con- test over the will of Mrs. Gardner, mother of the wite of President Tyler. In the lat- ter case Mr. Evarts succeeded in sustain- ing the will, which led to an amicable com- promise among the heirs Enters Field of Pollties. In 1860 Mr. Evarts first entered the fleld of national politics. At the republican na- tional counvention of that year he rose, on behalt of New York, to present the name Seward as a candidate for the presidency. The next year he himselt became a candidate for the United States The fight in the legislature was prolonged, Horace Greeley belng the lead ing candidate against him. Finally Mr Evarts withdrew his name and a compro- mi: candidate was elected In 2, when t question of treating captured vessels as maritime prizes accord- {ng to the rules of war came up, the gov- ernment called on Mr. Evarts its case. He also maintalned before the courts the unconstitutionality of state laws taxing United States bonds or national bank | stock without the authorization of congress. Defends President Johnson. When, after a long controversy, the im- peachment of President Andrew Johnson was decided upon, Mr. Evarts was at once engaged as one of the counsel for the presi- dent. The result of the trial was, as every one knows, an acquittal, and Mr. Evarts masterly conduct of the case is admitted even by his opponents. The principal argu- ment on the part of the prosecution, which was conducted by a board of seven members from the lower house of congress, was made by Mr. Boutwell. Mr. Evarts' reply in bebalf of the impeached president s re- membered as a masterpiece of eloquence and sarcasm In 1871, after General Grant had been cted president, the Alabama claims came up for arbitration and Mr. Evarts was | again summoned to represent the claims of his country. What he accomplished there has passed into history. His case on the part of the United States s acknowledged to be a splendid example of clear argument and apt {llustration Beecher-Tilton Trial. In 1874-5 the famous Beecher-Tilton case came on for trial. Mr. Evarts was then nearly 60 vears old, but he took hold of the defense with the vigor and earnestness which had always marked his work. The case was long drawn out and proved a ter- rible strain on the endurance of even the younger men who were connected with it He was the senior counsel for Mr. Beecher and retained charge of the case throughout its tiresome length. When it came time for the summing up the judge and most of the counsel on both sides were haggard and careworn: only Mr. Evarts appeared to re- tain his original vigor and ernthusiasm. He | spoke for eight days in closing the case for the defense, and at the close appeared as The acquittal of his client was the result. Makes Hayes President. In 1876 the celebrated controversy over the election to the presidency startled the | country. Teh case for the republican party was put in the hands of Mr. Evarts. He made the chief argument before the elec- toral commission. the decisfon of which put Rutherford B. Hayes in the presidential chair. After the inauguration of President Hayes Mr. Evarts was made his secretary of state, in which position he won new laurels as a statesman. He brought to the conduct of the office the same industry and earnestness cess as a lawyer. When he retired from the cabinet in 1881 Mr. Evarts was at once sent to Paris to take part in the international monetary conference. United States senate as a republican, suc- ceeding Eldridge G. Lapham of New York Two years ago Mr. Evarts suffered from an exceedingly severe attack of grip. As he was then upward of 79 years old it was teared he would never recover. Slowly, however, he gained strength, until at last the disease was conquered Last ¥ in Retirement. Since 1594 he lived in retirement, a stranger to the great world of politics and affairs in which for many years he played 80 splendid a part stopped. In the legal proceedings which | followed Mr. en {0 these early days the slavery ques- | (ion was pressing for settlement; the north nd the south were already arrayed the one | igalust the other, and there were famous | battles which, perhaps, postponed for | ime the final appeal to arms. In one of | controversies Mr. Evarts played a | prominent and a victorious part and made his name familiar throughout the north A vessel from Virginia brought a planter | amed Lemmon to New York, enroute to | Tesas. He had on board a cargo of slaves. | sepressed? And is it not due to nerv- ous exhaustion? How can you have courage when suffering with headache, nervous pros- tration,and great physical weak- aess? Would you like to be rid of this depression of spirits ? How? By removing the cause. By taking Avyer’s Sarsaparilla It removes the cause of your suffering, because it removes all impurities from your blood. $1.00 & bottle. All druggists. To keep in health you must have perfect action of the bowels. Ayer’s Pills cure con- stipation and biliousness. Price 25:. & box. He was ope of the few remaining links Evarts distinguished himself. | which conpected the new generation with | Commercial club should go into the build the old. In manoer and appearance he was & gentleman of the old school ness of his deep-lined, smooth-shaven face, | with its prominent nose and firmly set mouth, was belied on occasion by the kindl twinkle in his eyes. Even in compara tively recent years he had worn the roll- ing collar and the wide cravat of the *40s, and those who saw him as he passed to and from the law Choate & Beaman, never failed to look twice after the slight figure, with its old- fashioned clothes and distinguished bearing. In bis old age Mr. Evarts found himself surrounded by stalwart soms, to whom the record of their father is & constant inspira- tion. Maxwell Evarts, one of the sons who bas followed his father's profession, lves in the home now stricken. a big house | in Fourteenth street around the ctreet. Allen Twelfth stree Sherman Evarts lives corner in East Thirteenth W. Evarts lives in West and the remaining son Prescott Evarts, is an Episcopal minister out of town A year ago, on Mr. Evarts’ 0th birthday anniversary, thers was a family reunion in the big mansion, which was attended by children and by children's children. Some of the grandchildren were little ones, whom the great old lawyer had never seen, be- cause within the last years his eyesight had almost entirely failed. But he seemed glad and proud to have all his descendants gath ered about him once more. PERSONAL PARAGRAPHS. Jullan Lever of Chadron s at Grand Mr. and Mrs. Frank Gelst and Mrs. A. B Lane of Scribner are at the Millard M. F. Harrington and Sam Deitrick of O'Netll, Bruce E. Smith of Fremont, Wil- liam McEver of Columbus, (. H. Swingley of Beatrice, John &. Owen of Beatrice, F W. Sears of Ravenna and Johr Gutknecht of Bookwalter are stais guests at tae Mur- ray Nebraskans at the Baird and C. W. Hedges of Lincoln, Smith and J. E. Smith of Fremont Mitchell ot Creighton, J. W. Schlentz David City, H. G. Corell of Plainview. F. Currie of Whitney, Theodore Hoellwarth of Greeley, W. H. Barnes of Fairbury, E. E. Young of Tecumseh. Dad Blodgett of ©. 8. Cline of Bradshaw and J. M. James of Benedict the Tler Merchants “My stomach was affected by grip and I could eat mothing but crackers and milk. nd Pain Pills and the trouble disappeared.”—Mrs J. Lindsey, Montrose, Mina. to _conduct | hich had made his great suc- | In 1885 he was elected to tho | The stern- | offices of Evarts, | Wifliam | HELENA, Mont. Feb. .—John nis lost seven v v!]:'n day, most of otk 1o Conr he Notd on semasar wa EOrter Crep.). B2 Frank (fus), 3 Magirois 13; C » 9, Conrad, 8, Toole, 1, Clem | e T THE OMATA | Oitizens Buggest That Exclusive Elsments Find Other Quarters. OBJECTIONS TO COMPOSITE BUILDING Members of Committee Think 1t Would He a Money-Maker and Large Enough for Ordinary Demands, At the meeting of the Auditorium com mittee with the architects of Omah. night President Sanborn the ¢ opened the informal proceedings A | briet speech, in which he told of obstacles confronting the committee and the differ ence of opinion regarding the character of the bullding. He said the comm ttee was divided on the question, some favo a bullding de voted distinetly to auditoriu seating 12,000 to 15,000 persons desired a composite buildi r halls and accomm ns civi A military societies. He called for res sions from architects on the subject Harry Laurle said maximum seat capacity of the proposed would be | tween 7,000 and 5,000 people; that on ex | traordinary occasions the hall woul | filled, but on ordinary occasions the buil | would be halt filed. National conventi will come to Omaha but once in twen eight years. The largest Omaha au at a popular time was a tri L An auditorlum with a seating capacity of 6,000 people would be sufficient In his opinion Omaha n sea 200 people, t Il to be w committee rooms mall hall could be oce by mblag: which would be lost in the la room He belleved that a large room might b fitted in the basement for th Knights of Ak-Sar-Ben The Co perclal club uld be housed in a second floor w ing the auditorium ™ question of the character of must be settled by the dire company, but Mr. Laurle favored the posite building as a business pi although it would cost more simply an auditorium Mr. Sanborn sugg 1 that as the grade of Fourteenth st t Is lower than that of | Fitteenth street it would be possible to put a room under the main floor on Four- teenth street, leaving the main entrance on Fifteenth street on the street level | Wanu ¢ I Clab Kept Out. | John Latenser sald he thought an ditorium was the only idea in the of the committee and he favored posite building. He thought th | clal club should have mo place in ditorium build He believed | success of the b | Commercial « persons would i Knights of Ak-Sar-Ben for, but not in the ba: |of the auditorium sho ground. He thought that N | should not compete with the theat but should make a building sufficlently large to seat 10,000 people at least, so that enter tainments could be given at popular prices Find out to what uses similar buildings in other places are devoted, he said, and ou will see that you will want an aren | which can be changed into a lake or tank of water. If the large room is built proves undesirable it can be cut up into smaller rooms, but when you have a com- | posite butlding there can be no change. It has cost $15000 to change the Chicago oliseum for one series of entertainments | He thought the sentiment of the majority of people would be in favor of the au- | ditorium and reiterated his belief | Commercial club should keep « minds that He | thought in case the whole space was thrown | open it could be made to seat 8,000 people who could hear perfectly all He thought that the arena would have to be abolished 1t the composite building were | erected | Fred W. Clark said if the itorium 1s | not to be used to bring financlal returns | the pure and simple auditorium should be | bullt; that with a composite building man | entertainments usually held in an au ilorlum could not be given. If a small hal means of cutting off | should be desired, a portion of the main building could be without interfering with the sounds. devised acoustic properties of the auditorium, 1 Eighty Feet Narrow Enough. | be more popular. ‘In his opinion an arena less than eighty feet would be too na | Mr. Clark was connec |of the Chicago Colisuem and gave opinion based on his experience in city, saying that the floor should s0 arranged that the entire space could be | used as an arena. He believed that a gal ilerx‘ containing five rows of seats, seating his that ) or 2 b, could be suspended | M. C. Peters, from the Knights of Ak- | sar-Ben, stated that the board of gov- | ernors desired that the floats be built at or near the scene of the initlations; that it would require a space §8x132 feet for the building of floats. He thought ing, but that the character of the bufld ing should be decided by the stockholders | of the company Mr. Fisher thought that as far as t | construction was concerned it would be possible to erect a composite bullding with out offending the laws of architecture and that the character of the ayditorium should depend upon utillt Edgar Allen favored a composite build | ing and on behalt of the Kuights of Al | Sar-Ben sald that the celling of the roor | for the knights must be twenty Fred Metz, jr., agreed with tavoring the composite building. Mr. Fisher made a new teet Mr hig Allen suggestion to the effect that eighty feet be cut off one end of the building and a two-story building be erected for the Knights of Ak-Sar-Ben This could be done at an additional cost of 000, the hall to be strictly fireproof. Then came the question of The figures given on a plain auditorium 1 ‘ feet varied from $125,000 to $175,000. It was decided to invite architects to submit preliminary estimates of cost on the dif | terent characters of buildings conte plated Architeets Want Pay. | When the question of competing plans was brought up, it developed considerable | teeling. More than one of the architects held to the idea that - competitive bids should not be required unless each com plans judged by a competent person. sentiment was warmly expressed by Kimoall, while Mr. Laurie and Mr. | favored compedition | It was stated that the architects require two months in which plans Alfred Millard sald it would to secure estimates or pluns on a s room auditorium | mittee favored a | The meeting call of the chair “I had grip three months; could not sleep; pain all over and headache very bad Dr. Miles' Nervine, Pain Pills and Pills made me well."—Mrs. E. C. Waterloo, Ind T. R etrich would to prepare le as a majority of the com composite building adjourned, subject to the Bowlby Maginnis Loses Seven Ve . Magi at the | He believed the simple auditorium would | od with the bullding | petitor should be paid for his work and the | This | be useless | Liver | DATLY and | Statistics show that the death rate from Grip throughout the United States has been decreased over 40 per cent, die emirely to the universal use of Duffy’s Pure Malt Whiskey as a preventive and cure for the Grip. Lending doctors everywhere prescribe it for Grip, Consumption, Coughs and Colds This record of marvelous cures stands unparalleled by any medicine or prescription ever dis co n the world. The voluntary testimony we rec daily from grateful patients is proof positive that DUFFY'S PURE MA “DUFFY'S PURE MALT WHISKEY my life and saved e from illness many times. It has just cured the Grip. SMART AT 102 YEARS OF AGE. 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It is the ouly Whiskey stamped as a MEDICINE by the United States Government, This Is respondence or direct WANT POPULAR u'mmRuf\l'lfFo'ur M||||on curfls in tur BEE: FRIDAY, MARCH 1, 1901. o THIS MARVELOUS RECORD HAS SBEEN MADE BY Duffy’s Pure Malt Whiskey (AMERICA'S GREATEST MED DUFFY'S PURE MALT WHISKEY ha Wi by t lowing statisti whi NE cured over four million persons in the past half h have been carefully estimated and compiled from (s of unsolicited lotters from grateful patients, who say “DUFFY'S PURE MALT WHISKEY suffe ng humanity s (from overwork at Vitality Wenk Depression .. Weak Women ixhaustio o vese weish Blood.. .. B41,047 274,302 ...... Ceel WOSBTZL PER CEN WHISKEY has never been equalled by any remedy. VIGOROUS AT 119 YEARS OF AGE. Abraham E. 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The cut in this advertisement shows the full size bottle of DUFFY'S PURE MALT, and this {s the only package that is genuine, Offered In any other form it is not the genuine. THERE I8 NONE “JUST A8 GOOD AS" DUFFY'S. THE DEALER WHO SAYS SO IS THINKING OF HIS PROFITS ONLY. ASK FOR DUFFY'S; INSIST ON GETTING IT. LOOK FOR THE TRADE MARK ON THE BOT- TLE. If you are sick and run down write our FREE ADVICE-— doctor for free advice. It will cost you nothing to learn how to regain health, strength and vitality. Medical booklet containing symptoms and remedies for diseases sent free. All cor- All druggists and grocers NO FU EL OIL. with our doctor is strictly confidential, and no testimonials are used without permission. $1.00 a bottle. DUFFY MALT WHISKEY €O, ROCHESTER, N. Y, b AN E. E. Bruce & Co., Om Adyvice to foice Seckers, 1 May are mos pre that the den it will be A great & Get Abead The Bee Building of the are, Among them savera Spring Rush For Offices. THE COMMON ENEMY Kidney disease is the enemy we have most to fear as a result of the feverish restlessness of our modern civllization. [t is a treacherous enemy, working out its deadly effect under cover of the most trifling symptoms. The first indication of changes in the urine, frequent head- aches, digestive troubles, should be the signal for prompt remedial measures. PRICKLY ASH BITTERS is a kiduey remedy of great metit. It is soothing, Mealing and strengthening, quickly relieves the aching or soreness that always appears i the advanced stage, checks the progress of the disease, and through its excellent cleansing and regulating eifect in the liver and bowels, it brings back the strength and ruddy glow of vigorous heaith, R. C. PETERS & CO., TAL AGENTS, Ground Floor, Bee Building, Omaha 8old at Drug Stores. Price, $1.00 Per Bottle, Dr. Kay Uticure ™" | ®adadvice free. Dr.b. y\ Kas, Sara! ch originate in a o b At J‘ druggiets, vee N %