Omaha Daily Bee Newspaper, June 21, 1901, Page 1

v . ESTABLISHED J DENIES THE INDIANS Equity Court Turas Down Their Applica- | tien for Restrainiug Order, WYOMING LANDS TO OPEN AT ONCE President’s Preclamation to Be Forthooming Within Ten Daya WHY JUSTICE BRADLEY KEEPS HANDS OFF Oonsiders Juliciary Withsut thy Rightto | Interf CONGRESS THE ONLY COURT OF APPEAL 3t Former Enactment is Injurious the | Remedy Can Only by the Legislative Body Itself. Be Supplied . June Justice Brad fey, in the equity court todav, denfed the| application of Lone Wolf and other In WASHINGTON, dians for an order on the secretary of th Interlor to n him from opening the | Klowa, Comanche and Arapsh Wyoming for settlement. While not golng into the facts of the case, the court held | that the case was putely u political ovne | with which the court had no power to deul. | Counsel for the Indlans gave notice of a | special appeal to the district court of ap- | peals Now that the case is decided it Is believed that the president in about ten days will ssue his proclamation opening to settle- | ment the Kilowa, Comanche and Apache and Wichita lands | Judge Bradley held that if the act of June | 6, 1900, is violative of the treaty of 1868, | the remedy rests with congress, mot the| judiclary, He sald that the right of the| Indlans to the reservation is a possessory one only; that the wrong, if auy, threat-| ened by the exccution of the act of June| 6, 1900, 15 a wrong to the tribe, and that no individual member will| suffer -any injury which will not be shared | in common by the other members. The de- cislon declares that the sult cannot he maintained by members of the tribe as in- dividuals. Justice Bradley holds that thése Indians are the pupils or wards of the natlon; that the duty previding for the maintenance, civilization and education and of protect- | ing and caring for them rests upon the| federal government, and s committed to its legislative or political branch. He holds that a question whether three- fourths of the adult male Indians signed the agreement, etc., was presented to congress; that the ratification by congress is neces- rily a finding that the argeement was assented to by the requisite number of In- dians, and that there was no false or fraudulent representation or interpretation and that this deciston by congress is con- clusive upon the Judicial tribunal He further holds that an act of congress and & treaty are, under the constitution of the | United States, upon an equal footing; that an act of congress will repeal a prior in- | consiatent act of congress; that the making and enforcing of treatics are, under our constitution, committed to the political branches of the government, and that the Judiclal tribunals of the country are with- out authority to enforce treaty stipulations, or to grant redress for wrongs inflicted by thelr breach DARK FOR JESSIE MORRISON Ev o lands in ! nee Introduc neys in Murder Ruled Out. by Her Attor- KANSAS CITY, June ~A special to the Bter from Eldorado, Kan., says: Thus far the eecond trial of Jessie Morrison on the charge of murder Is very much against her. fThe defense has not Introduced evidence of ADy consequence to support its claim of self- defense. The keen Interest which the ac- cused woman takes in all the rulings of the court and the testimony of witnesses shows ber anxiety. What 1s considered a very Important point ‘Was gained by the state this morning in the Tefusal of Judge Alkman to admit as evi- dence the clothing worn by Jessie Morrison on the day that she is alleged to have given the mortal wounds to Clara Castle. This clothing 18 cut and bloodstained. At the first trial it was all admitted to the jury, While the clothing of Mrs. Castle was ex- cluded. At this trial the situation is the Teverse. By nearly all of their witnesaes #0 far {ntroduced the attorneys for Miss Morrison have sought to bring out two facts that Miss Morrison showed no unusual emo- tlon on the morning of June 22 before the killing of Clara Castle and that none of the members of her family had ever seen the Tazor which Miss Morrison ts supposed to have used. Judge Alkman ruled continually that questions on an effort bring out testimony of this kind were objectionable. Miss Morrigon was in tears frequently this worning. Her stepmother and broth- ers were on the stand and while they testified the prisoner often wiped her eyes While be was on the stand this morning, Judge H. H. Morrison, a venerable old man, described the injuries which Jessie Mor- Tison received durlog her struggle with Mrs. Castlo. There were, he sald, two long cuts on her neck, deepest in the left side, ©ne on the breast, cutting through to the collar bone, and three cuts on the arm be- tween the shoulder and elbow. Miss Mor- Fison's attornoy asked Judge Morrison what statement his daughter had made when she weturned to her home, after the fatal visit to the home of Olin Castle. Counsel for the te objected and the objection was sus- to Jessle Morrison took the stand in the afternoon in her own defense and in reclt- fng the story of her fight with Mrs. Castle, broke down and wept. The court room was literally jammed with spoctators. Miss Morrison told of her movements on the day of the murder. She was golng from her own home to that of a friend's and in passing Mrs. Castle, the latter had rapped on the window and callod “Jess come here, I waut to speak to you." She Telated the conversation that followed with Mrs. Castle, in which the latter accused her of running after her husband. Finally, Mre. Castle had called her a liar and struck 8t her throat twice With a razor. Miss Morrison sald she screamed and drew away. Then Mrs. Castle struck her on the breast #nd arm with the razor, they struggled and fell to the floor. Then, Miss Morrison #ald, she got possession of the razor. at happened then?" asked the at- torney. ell" sald Miss Morrison, tears com- tribe a8 8| . | door, to her eyes, them I cut her with the Taaon’ DAILY BEE. NE OMAHA, FRIDAY MORNING, JUNE 21, 1901 HANNA SPEAKS FOR PEACE Strongly Urges Harmony in Repuabs an Ranks at Ohlo County Convention, CLEVE! general o the republican LAND, O tatio; T Contrary to warmony prevailad at ty ccnvention today Senator Hanna occu 4 a seat on the plat- form and made a strong speech in favor of peace between the two factions of the eldom has p wald there heen any campaign. ‘of such importance as last year, bearing on questions of snch moment, an this year it is the same. 1t will have great bearing ou the president's work and we should upheld him. rhis year we elect a leglslature to choose w successor (0 my distingy 1 colleague, Senator Foraker, and wo b, unitd in the demand that he ve Dy wa legislature that chooses tis suce " re-district Ohfo and on this haw, J of at least five members of Ohlo's !“ation to congress 1t is needless to tell what the repub lican party has done for the country in the last few years. It is not necessary for me to place McKinley in first rank of presi- dents. He s not oniy president, but a fellow citizen and friead. (f anything would please him it would be that this talk of harmony is not superficial. For my- self, such a wish comes from the bottom of my heart “The republican party has honored me beyond my merits, In 1506 I felt on the turn of events hung the prosperity and the success of our country. New lssues had been raised and many honest republicans were led astray, No argument is so strong as an ohject lesson. The republican party promised the country It McKinley were elected on the St. Louis platform all promises of pros- perity would be fulfilled. They were ful- flied. The renewed confidence of the peo- ple came with the fulfillment. Let us give notice to the opposition fn Ohlo and in the United States that the republican ranks are filling up and preparing for the battle of 1901, Lot this he the notice to the state and the United States.” The nomivations subsequently made were pretty evenly divided between the two fac- tions of the party MONEY DOESN'TREACH OMAHA Strange Robbery. TOLEDO, 0. Juns 20.—This afternoon several fishermen, while strolling along the river two miles south of this city, discov- ered a large iron safe on which was the name of the Pacific Express company. The apparently, had been battered in with a hammer. On “he luside were a number of empty money hogs and waybills. The police and local officers of the ex- press company were at once notified. The express clerks stated that such a safo was sent out of this city Tuesday night in a through car on the Wabash for 8t. Louls and Omaha, but declined to say what it contained. There were six money bags in the safe when found, four marked St. Louls and two marked Omaha. They do not indi- cate what their contents might have been. It I& belleved that the safe was stolen Wednesday night, because of the facs that near the place where it was found a horse and buggy which had been stolen to: previous evening were also found. It is thought that the men hauled the safe in this rig, It s reported tonight that the safe con- tained $6,000 in gold, but confirmation is lacking. ST. LOUIS, June 20.—Superintendent Ful- ler of the Paciic Express company, when seon tonight by an Assoclated Press rep- resentative, sald that he had received no advices from Toledo regarding the safe in- cident. If the property of his company had been tampered with he would certainly have been advised of the fact. The description of the safe found In Tsledo did not tally with thpse used by the company on its long runs. These are bz steel receptacles and are riveted to the floor of the car. The ircn safe plcked up at Toledo might be one uscd by the com- pany between w LUTHERANS ARE STILL APART the Norweglans in t Blocked the Joint Commission. MINNEAPOLIS, June 20.—Prof. F. A Schmidt today tossed a bomb into the meet- ing of the Norwegian Lutheran conference. It had been hoped that if some of the doc- trinal questions could be harmonized a union might be easily effected between the present United church and the old and powerful-Norwegian synod. Prof. Johnson, however, reported without comment that the joint commission had sat for three days and had been unable to come to any agreement Then Prof. Schmidt arose and as a lone minority in the commission announced that he recognized no authority which could muzzle him. He stated that the reports of the United church held fast to the principle that there was absolute certainty of salva- tion which was conditional on the faith and conduct of the individual. The Luther col- lege theologlans would not budge from their position of election and predestination, and neither side would yield an inch. He asked to be excused from the commission, but there was not even a motion that his re- quest should be granted. The lay delegates will never consent to his withdrawal from that body The committee on nominations reported a large list of recommendations, which were formally accepted. SHOOTS AT *“B@SS” SHEPARD ain Attempts to Take Who Beauti- hington. Mexican A NEW YORK, June 20.—A special to the Times from El Paso, Tex., sa Word has been recelved from Chiahuahua that an attempt has been made to assassinate A R. Shepard, who d'd 30 much to bulld up the city of Washington during the adminis- tration of President Grant. Shepard, after leaving the Distriet of Columbia many years ago, went to a small settlement in the republic of Mexico, where he siuce has been engaged in the mining business. On Saturday, while Mr. Shepard was away quite a distance from his mine at Batopilas, he was shot at by a Mexican in ambush, the bullet grazing his head. Shepard beat a hasty retreat in the direction of the settle- ment, & would-be assassin following and keeping up a running fire. Luckily none of the bullets went true to the mark and the intended victim finally reached the door of his house. Shepard has great influence among the Mexicans and is almost a king in the little town. As soon as the news of the sault became known the settlemont became greatly exclted. The neighborhood was searched for miles around and the follow- A llnl morning the assallant was captured BARKER VERDICT IS DUE Evidence All in and Oaly Argum to Oome. DEFENDANT'S SANITY IS CHIEF TOPIC s Are That and Rev. Keller Mr Morality, with Barker's Veracity, Are All that Last Witnesses Have to Tell Of. NEW YORK, June 20.—~The case of Thomas G. Barker, charged with the shoot- ing of Rev. John Keller at Arlington, N. J., last February, will go to the jury in Jersey | City tomorrow about 3 o'clock. A verdict may reusonably be expected before night Before court adjourned this evening the cv- idence was all in and nothing now remains but the argument of counsel and the judge's charge All parties to the Keller-Barker case were in court in Jersey City promptly today. Be- fore resumption of the trial there was a whispered conterence between Judge Blair and the lawyers in the case, the subject of which was uaderstood to be.the publica- tion In several papers of this city and New Jersey of what statement by Mrs. Barker, wife of the al- leged assuilant, and what constituted, as alleged, the justification for the attempt upon Keller's life in February of this year. County Prosecutor Erwin opened the pro- cesdings by addressing the court and stat- Ing that the published story of Mrs. Barker had been brought to his actention and he hoped the court would take such action as it deemed wise in the matter. The county prosecutor sald to make public such a state- ment at such a time was a violation of the line of conduct that had been laid down by the courts in such cases as the one pending. Mr. Van Winkle of counsel for Barker re- plied that so far as any contempt was con- cerned the press might be disciplined as the court pleased. Mrs. Burker, he sald, had many friends. She was not on trial and her friends had the right to publish any- th'ng they saw fit. Personally he and his partner, Mr. Wall, and Mr. Barker bad nothing to do with the publication. The court had puwer to do with the matter in its charge to the jury as it saw fit. Judge Blair said he would talk to the jury when th: proper time came. He continued: Investignting the Newspapers. “There can be no doubt of the motive of the publication at this time. The court will make a rigid investigation of this rep- rehensible act at the proper time and it will be thorough.” Miss Louisa Germond, with whom Mrs. Barker has been living ever since the shooting, the first witness called to- day. Miss Germond said she had seen Barker every day wbile he lived in her house for two weeks before the shooting. He eppeared much worried and could not read. After Robert Warper and Frank H. Ben- nett, superintendent of the cable company, had testified that they knew Barker as & quiet and peaceable man, Lawyer Van Win- kle here said that the defense closed its case. No attempt was made to present Mrs. Barker's story of the alleged assault in the form of a hypothetical question té an insanity expert, as had been supposed would be done. Rev. Mr. Keller was called to the stand in rebuttal. He sald that on the morning of the shooting as he passed the east side of Beach street, Arlington, he did not see Barker or say to him, “Good morning.” This was objected to by the de- tense, but the court overruled the objection. Mr. Keller then denied that he had seen Barker before he was shot or that Barker had sald “You d—d villain, you outraged my Wit Keller Denies Borrowing Money. “Did you ever outrage Mrs. Barker or attempt to do so?" asked Prosecutor Er- win. The defense objected to this question and Judge Blair sustained the objection. “Did you ever borrow $83 from Mrs. Barker?" the witness was then asked. “I did not,” he replied. Witness was then asked concerning each item of alleged borrowed money, and in each case answered that he had not bor- rowed the sum mentioned. He sald that he never owed Mrs. Barker any money at any time. Mr. Keller said he had paid money to Mrs. Barker, but it was beca of threatening letters sent by Barker and not because he owed anything. The minis- ter then denied that Mrs. Barker left the church because of an assault on her. He sald he knew the reason, but on objection by the defense he was not allowed to tell what it was. Mr. Keller then left the stand, the defendant's attorneys having no questions to make on cross-examination. Mrs. Sunds, with whom Keller boards, testified that, among many, Mrs. Barker’ reputation for truth and veracity was bad. She also sald in reply to a question by Barker's attorney that Keller did not pay his board. Keller's reputation for truth and honor, witness sald, was good. Three other women and a man testified that Mre. Bark- er's reputation for veracity was bad. Mr. Willlam R. Fisher, an expert in men- tal diseases, testified that on February 18 he saw Barker in the county jail. Barker on the advise of counsel refused to submit to an examination as to his sanity. The witness said that reviewing all the circum- stances, it was his opinion that Barker was eane at the time of the shooting, February 3, and able to distinguish between right and wrong. Witness had observed Barker closely since the trial began and belleved him to be sane. Barker's Sanity Discus Dr. John D. McGill, superintendent of the police board of Jersey City, who accom- panied Dr. Fisher when he went to the jall to see Barker, corroborated the evidence of the preceding witness and said he believed Barker to be sane. Dr. J. Leonard Corning of New York, an expert in mental diseases, sald Barker showed no evidence of insanity on cross- examination. He would not agree with counsel for the defense on the proposition that Barker might have been insane before the shooting and have recovered when he saw the blood on Keller's face. At this point the rebuttal for the state rested. Dr. Evans of Morris Plains insane asylum, called by the defense, sald he found in his examination of Barker on June 7 evidence of Insanity, but he has seen no evidence of insanity in him during this trial. Rev. Mr. Hutchinson of the Presbyterian church, Arlington, testified that he had never heard Mrs. Barker's reputation for truth and veracity questioned until after the shooting. It was then called in ques- tion This closed the testimony. The defense moved that the photograph of the scene of Keller in bed be eliminated from the evidence. The prosecution withdrew |t The judge sald he would limit the summing up to one hour and a quarter on each side, Adjournment was taken until tomorrow. R Ohio Arrl SAN FRANCISCO. June 21.—The trans- port Ohlo has arrived from Manila with Fw-:fl\-nlnn offcers and 750 men of the orty-i purported to be & sworn | i | paralyzed TEN PAG FLASHES DEADLY IN INDIANA Electric Storm Killa Three. Many and Destroys Throughout the St INDIANAPOLIS, Ind., June 20.—~Three persons were killed and several injured by lightning during a severe electric storm which passed over Indiana last uight The dead BERT HATHAWAY, Idaville, Ind GRACE ARKIN, 18 years of age, daughter of Harvey Larkin, Riley, Ind. IRA SMITH, Youngstown, Ind, Injured Mre. James Langdon, by lightning. James Parsons and som, bly Injured by lightning. Henry Goodlove, Idaville, sturned. At Marion the First Presbyterian church was struck hy lightniog and badly dam- aged James Rowan's saloon was struck and partially destroved. Five men who were in the saloon were knocked senseless At Greentown the loss Will probably reach $40,000, At Roachdale the building occu- pled by the Roachdale News was entirely destroyed. At Monticello the barn of Bert Hathaway k by a bolt of lightning and who bad taken refuge in the building, was instantly killed. The barn and contents, including seven valuable horses, was entirely consumed, causing a loss of $5,000, Hartford City was visited by a terrific wind and lallstorm this evening, Fifty ofl derricks were blown down and several buildings were damaged, causing a ioss of $25,000. COAXING ITALIANS TO COME Santa Fe Rallway Begine Working Out Ity Scheme to Colonise Southern Valley CHICAGO, June 20.—The Record-Herald tomorrow will say: The management of the Santa Fe railway has begun to carry out a vast colonization plan which will result in bringing many thousand Italians to this country and in locating them on lands in southern California, New Mexico, Oklahoma and Texas. Agents of the roads have heen sent to Italy with literature for distribution in the various centers of the peninsula, These books are in the Italian language and are plentitully {llus- trated with views taken from picturesque spots along the line of the Santa Fe in the states and territories mentioned. Especial effort is to be made to colouize the San Juaquin valley, which f& one of the most tertile grazing regions In the west. It 1s sald to be the intention of the com- pany to extend its colonization plans to other countries in Burope after the Itallan agency becomes flourishing. Regarding the plan an official of the com- pany had this to say: “We intend to bring over only the better class of Italians, and we hope to do a large business from Ttaly during the next year. By establish- ing agencies there and having our men on the ground we will be able to select our immigrants, to a certain extent, and bring over only those who we feel sure will make homes in the western country. $HOOT DOWN THE UNION. MEN Guard Injures Much e, Kohomo, 1Ind, Kokomo, terri- at Maritime M n West Virginia Repulse Attack of Strikers. MATEWAN, W. Va, June 20.—Strained relations betweep the union and non-union miners here have resulted in bloodshed. To- day several hundred union miners, who were on strike, marched in a body against the Maritime mines of this place, where non-union men were at work. They tried to effect an entrance, but the operators, with twenty guards armed wigh Winchesters behind them, blocked the entrance. The non-union miners were headed by Superin- tendent Labert. and when the previously warned unfon men persisted in their de- mands he gave the command to fire. Fifty shots were fired. Boyd Martin and Riley Johnson were fatally shot and Sam Artrip was dangerously wounded. The union men did not return the fire, but dispersed wait- ing reinforcements. All the unfon miners throughout Mingo are collecting to get here tomorrow. Serious trouble is expected when they again try to effect an entrance to the Maritime mines. Sheriff Hatfleld, a nephew of the notorfous ““Cap” Hatfleld, is on the scene with fitty deputles and says he proposes to do his duty. TAKE UP THE I10LA AFFAIR Italian Consul Wants Kansas to Do Something, but Stanley Falls to See It. TOPEKA, Kan., June %0.—Count Roswa- dowski, Italian consul in Chicago for INli- nois, Kansas and other states, has written to Governor Stanley, calling attention to the efection of twenty-three Itallans from the town of Iola by a mob of American workingmen on the night of May §, and requesting that steps be taken to punish the offenders and recover money and bag- gage that were taken by the mob from the Ttaltans. Governor Stanley, replying, says: “All questions of internal policy touching these matters must be taken up with the federai government at Washington, under our form of government all powers of this kind are expressly reserved to the authorities of the United States.' The governor regrets the circumstances at Tola, but states that he has no fund out of which damages can be paid, to pun- ishment of the offenders, the county officers at Tola have been instructed to investigate the alleged crime, and, it possible, bring the offenders to trial. WYOMING SOLDIER CAUGHT George Ecker Narrowly Misses by a Moh, SALT LAKE, Utah, June 20.—A special to the Tribune from Rock Springs, Wyo., says that George Ecker, the Philippine volunteer who shot and killed Deputy Sherift C. B. Holden and fatally wounded Fred Reardon while resisting arrest, was captured today. Ecker admits the shoot- ing. Ecker narrowly icissed lynching at the hands of a mob near Thomas Francls' ranch. Ecker was taken to Evanston to- night and placed in the jail there. LOCOMOTIVE IS BLOWN UP Incoming Engine on Chic Explodes Near Kan, Engineer s Killed, KANSAS CITY, June 20.—~The boiler of a Chicago & Alton locomotive pulling an in- coming passenger train exploded at Blue Cut, fitteen miles east of here, this morn- ing, killing the engineer, George Grew, and perhaps fatally injuring the fireman. None of the passengers were hurt. Grew was scalded to death and Corlwey, fireman, was burped severely. Killing and yuching %o & Alton City— SIN GLE COPY FIVE CENTS, BEE WINS IN MERTENS CASE Buit for Damages in Sum of $26,000 is Dismissed at Plaintifi’s Cost. NO EVIDENCE OF ACTIONABLE LIBEL Judge Baxter Rules that The Bee's Publication Relative to Mertens Whaa a Privileged Comm eation, Not Improper. An echo of the last city campalgn was heard in Judge Baxter's court, in which the sult brought by Ernest Mertens against The Bee Publishing company and its editors for $25,000 damages for publishing an al- leged libel with respect to him while he was running for office, was dismissed at the plaintiff’s cost The trial of the case was begun Tuesday | Mertens went on the stand to deny the truth of the statements made In the paper, although he admitted that he had refused to pay his tailor bill, his doctor's bill and his landiord, for various reasons and had neglected to pay his city taxes. He pro- duced witnesses, however, to show that he was nevertheless rated at falr to good credit. in the commercial agencies’ books Most of the time was taken up on argument on a motion to instruct the jury to bring in a verdict for the defendant, | against Edward Rosewater having been dis- missad by consent of the plaintif's at- torney. | Judge Baxter Talks. Judge Baxter, in ruling on the motlon, spoke exhaustively on the question of privileged communications, holding that the occasion of a campalgn made it a privileged fon for a newspaper to discuss not only the qualifications of a candidate, but his public reputation and right to the con- fidence of the people. He further held that the article in question was on its face cetved from relfable authorities and glving Mertens the benefit of his excuses for not paying his bills. This constituted it a privileged communication, making 1t in- | cumbent on the plaintiff to prove actual malice and want of probable cause in order to sécure damages. Reviewing the evi- dence he showed that the testimony of Mer- tens himself and of his witnesses not only failed to show the existence of malice or that The Bee published a willful falsehood, but on the contrary that The Bee had taken every reasonable precaution to as- certain the facts and convey them to the proper parties who were, by their votes, to make a cholce between the candidates for treasurer. The judge concluded by Instructing the Jury to return a verdict for the defense, making a clear victory for The Bee. —_— WANT ENGINEERING BUREAUS Representatives of Arid Weat Draft Bill Asking for Their Creation. CHEYENNE, Wyo. June 20.—(Special Telegram.)—At a joint meeting of the state engineers and congressmen tonight, & bill was drafted providing for the creation by the states in the arid and semi-arid re- glon of engineering bureaus, which will plan and construct, subject to the approval of the secretary of the interior, all storage reservoirs and irrigation works. All moneys received from the sale of public lands shall be held in trust for the states in which the said land Is sold, except that portion used for school purposes, warrants upon the land fund to be drawn by the state en- glneering bureaus. The proposed bill submitted by the en- gineers was discussed at length by the congressmen, but owing to the small rep- resentation of lawmakers present from the arid states, it was decided to take no action at this time. A committee was ap- pointed, however, to call another meeting in Washington just prior to the convening of congress at which definite action will be taken. The congressmen present here tonight favored the engineers' bill and it will doubtless be adopted and introduced into congress. ACQUITTAL FOR M. D. BEARDON Jury Deals with Bonner Springs 0dd Fellow Who Took Decoy Treasu KANSAS CITY, June 20.—A verdict of ac- quittal was brought in by the jury tonight in the trfal of M. D. Beardon, a former Bonner Springs, Kan., postmaster, who took a bag of slugs placed under the steps of the Bonner Springs lodge hall by Frank Warner, & banker of that city, who bad received a letter threatening to blow up his bank with dynamite unless he placed $1,000 in gold at the spot. Beardon Is an 0dd Fellow and on the night in question bad attended a meeting of his lodge in Odd Fellows' hall. In his statement today he told frankly of lylng behind after the other members had left, of seeing the bag under the steps, of making off with it and being contronted by a guard who shoved a shot gun in his face. Curiosity and nothing else, he declared, prompted him to take the sack. He had seen it by mere accident. He in- sisted that until that night he had no knowledge of the letter written Warner. A dozen witnesses who had know Beardon for years testified to his reputation for honesty PITTSBURG FLYER DITCHED Tender Axle Break Are Over- turned and Four Persons Badly Hurt. GREENVILLE, Pa., June 20.—By the ditching of the Erie & Pittsburg fiyer at Transfer this evening four passengers were badly hurt, but nome of them seriously. Their names are: Miss Hannah Smith, Greenville, Willtam J. Howard, Greenville. Mre, J. H. Soyder, New Castle. Thomas Kane, Jamestown, Pa. Just after leaving the station the rear axle of the tender broke, throwing the tender, baggage cAr, express car and vesti- buled coaches from the track and turning them over. Movement of Ocean Vessels, June 20, At New York—Sailed—Grosser Kurfurst, fbr Bremen, via Cherbourg: Auguste Vie. torfa, for Hamburg, via Plymouth and Cherbourg; L'Aquitaine, for Havre At Rotterdam-—Sailed—Statendam, Boulogne and New York At Liverpool—8alled—Commonwealth, for Queenstown and Boston. Arrived—Majes- tle, from New York; Servia, from New York Al Bremen — Arrived — Kal Theresa, from New York At London-Salled—Marquet York At Hamburg—Arrived—Deutschland, from New York: Patricla, from New York. At Yokohamau--Salled—Indravelll, Hong Kong San Francisco. AL Queenstown—Salled—Germanle, | Ldverpool, for New York. for erin Marla for New from from the case | temperately written, giving statements re- | CONDITION OF THE WEATHER Forecast for Nebraska Friday and Saturday; Southerly Win Partly Cloudy Cooler Saturday; PAT COMFORT DEAD IN TEXAS Famous Sheriff of South Dakota is a Vietim of the 01l Fever— Leaves Wife in Omaha. | BEAUMONT, Tex., June 20.—(Special Tel- | egram.)—Pat Comfort, once a scout with Custer, later sheriff at Deadwood, S. D., [ and afterward sheriff at Plerre, 8. ., dled here today In the Sisters’ hospltal, of stomach trouble. Pat Comfort was one of the most widely known men in the northe west He achieved a wide reputation as an Indian fighter, and his caplures of bad | men while acting as a peace officer brought ! him additional fame. Reared on the plains with the prairie for his home, he would not | sleep in a house and whon he came here | to prospect for oll two months ago he bought a tent and lived in it While Comfort was hundreds of from the country, where he achieved his notorfety, his prowess as a scout ofcer preceded him there, and Cha les Wil- Dakota in 1878, tells many stories of Com- fort's daring. He says Comfort Is the man who arrested a robber after he had stolen §50.000 from the First\National bank of Deadwood, 8. D., and that Comfort, with two others, killed fourteen Indians on one raid, while in the gervice of the govern- ment. “No man {s better known in the Da- kotas than Pat Comfort," said Wilgus, “and & braver man never lived." Comfort's wife and son live In Omaba, but he had been separated from his wife some time prior to his death. Friends of the deceased are trying to reach his wife by telegraph tonight. Comfort was a mem- ber of the order of Elks' and his body will be burled by that order tomorrow, unless a message from his wife should order the body sent to Omaha. BILLION DOLLARS- DWINDLE Capital of the Queen Mining Com- pany of South Dakota Does Not Reach that Figure, NEW YORK, June 20.—(Special Tele- gram.)—On the doors of two offices in the big Park Row bulldings is the sign “True- Nell-Young Mining ' There a woman and a man with a black beard were found today and they unlocked the doo: The woman sald she was Estelle True-Nell. She was faultlessly dressed, wears glasses and is middle aged. “l am one of the incorporators of the ‘Blllion-Dollar Queen Mining company,’ " she said. ‘‘My daughter, Pearl Young, and | r Nelson are the others. Nelson's name was used for incorporating purposes in Plerre, 8. D, yesterday. We have min- ing properties all over the country and our business is to buy and sell them. We will deal In gold, silver and copper prop- erties and have a number of mines under our comtrol. As for capital, we have plenty of it. Our business will not be limited to mining propertles. We have other things going on In the business world. You may y that not a dollar will be handled by us. Every dollar that comes in and every dollar that goes out will pass through our banks. “Our company is not $1,000,000,000. We had to have a name and so called it that. I will give out a turther statement on Wednesday." From St. Louls and Kansas City come dispatches saying that Mrs. True-Nell was accused there of selling a Joplin (Mo.) mine whose ownership was questioned. A war- rant for her arrest was fissued, but she left St. Louis before {t was served. She was known variously as Mrs. N. Brown and L. Zuleych and was called a spiritual- ist, clairvoyant and palm reader. FATHER REGAINS HIS CHILD Frank Weyant of Lincoln Wins Suit for Posseision of Baby Daughter. incorporated for NEW YORK, June 20. gram.)-—After a long ley possession of his 13-months-old daughter Gladys, Frank Weyant, a wealthy ranch owner of Lincoln, today won his suit in the appellate division of the supreme court of Brooklyn. The court reversed the de- cision of Justice Maddox, who had dis- missed a writ of habeas corpus. The child’s mother dled In the east moro than a year ago and Gladys was placed lu the care of her uncle, Henry Weyant of Brooklyn. When she was 6 months old her father decided to take her west with him, but under advice of a physiclan, who sald she could not stand the trip, her uncle refused to surrender her. The father then appealed to the courts, with the above result. FIRST THROUGH HELL GATE Massachusetts (Speclal Tele- 1 fight for the mmanded by Cape » . Extablishes Record for Firat-Class Battleships, NEW YORK, June 20.—Without the as- sistance of a pllot and to demonstrate that a first-class battleship could be naviga through Hell Gate, today Captain Manney took the Maseachusetts through the rock- imbedded narrows. It was the first time in the history of the navy that any commander of a vessel of this class attempted the feat, and the river craft and shores were flled with people to witness the passing of the ship. The passage of the mammoth fghting machine through the dangerous waters of Hell Gate successtully provee that in case of hostilities with a foreign nation a bat- tleship of the same class as the Massachu- setts, If It passed the fortification at Wil- lett's Point and Fort Schuyler, could re- peat this performa GETTING READY FOR KRUGER Boer Sympathizers in Ne Right on with Prepar: Recelve Him York Go ton to NEW YORK, June 20.—-Promincnt Boer ympathizers are actively preparing o re- ive President Kruger when he visits the United States a few months hence. A con- ference of pro-Boers, lasting several days. has just been held in this eity, at which Charles D, Plerce, consul general of the Orange Free State, was elected chalrman of the reception committee. Mr. Pierco #ald today that no definite plans had been arranged so far and that President Kruger would not reach this country until late in the fall, miles | and an | gus of this city, who drove a stage in South | NOT BOXERS ALONE Chafes's Repert Ehows Other Killings Bince Pekin's Oapture. FIFTY INNOCENT TO ONE GUILTY MAN d Farm Laborers Ruffer for Boxers' Deeds. | Coelies | MISSIONARIES REPORT THEIR | LOSSES 166 Killed ia HOW THE FOREIGN TROOPS BEHAVED | Some Looting in and About the City Atter Arrlval of Relfer Column but Yawk Held A WASHINGTON, June 20.—~The report of | Major General Chamtee on the campuign in China bas appeared for publication ac the War departmens. Amoug oiher matters it contalns special reports upon the Russian, Jupauese, and British troo) reports on ment, supplics, toreign troops, und reports expeaitions These reports were made by United States officers, and from a military view they are of cousiderable interest, but all the maiu facts have heretofore been pub- lished. Some of General Chuffee's com- ments aro Interesting. At one point he {says: “For about thres weeke following | the arrival of the reilef columu at Pekin the condition in aid about the eity aud along the line of communication was bad. Looting of the city, uncontrolled foraging in the surrounding country and seizure’ by | soldiers of everything a Chinaman might have, such as vegetables, cggs, sheep, cattle and other article being brought to the city or found on the farms; indiscriminate and general unpro- voked shooting of Chinese in city, country and along the line of march, and the river—all this did not tend, as was natural, to galn for the troops the confidence of the masses, with whom it is certain we have no quarrel, but who were in need of their labor “It {s safe to say that where one real Boxer has boen killed eince the capture of Pekin fifty harmless coolles and laborers on farms, including not a few women and children, have been slaln. No doubt the Boxer element is largely mixed with the mass of the population, and by slaying a number one or more Boxers might be taken in." General Chaffee speaks of the restraint he placed upon the American {roops. The Japanese commander also made It known that general war on all classes was not in- tended. General Chaffee says he opposed entering the Forbidden City unless looting W prohibited. This was agreed to and he thinks but little looting has been done there, though articies have been offered for sale sald to have been taken from the For- bldden City. Missionaries’ Losses. E. G. Tewksbury of the Congregational Missionary soclety furnished General Chat- tee the following list of damages done by the Boxers to Chinese Christians or ad- herents of the American Congregational mission as a basis of settlement: Number killed, 166; houses destroyed, 181: money, 16,150 taels; land formerly occupled by misslonaries, 96 acres; chapels, 19; cem- eteries, 2 Major W. E. Craighill, reporting on the Russlan soldlers, says: ‘“The information galned of the Russian forces was meager and unsatisfactory. No reply w2s made by them to your request for a statement of the location and character of their force present in North China in connection with the rellef expedition.” He speaks of the excellent discipline of the Russfan troops, but says thelr rations were of the simplest kind. “They were industrious foragers,” he adds. “They used no tentage, but lived iu huts made of na- tive matting." Major Charles H. Mulr describes the Jap- anese soldiers in detafl and concludes by yin “He recelves almost no pay, but is ac- tuated by intense patriotism. If Japan ean keep the armament and equipment on a par with its soldlers it is a most formidable ally and a most formidable enemy." Major W. E. Craighill also reports upon the French soldlers as to arms, supplies, ete., but his comments, like nearly all others, are omitted from the publication, being represented by rows of asterlsks Lieutenant Colonel J. T. Dickman reports upon the Germans. He says the German officers are well educated and the troops under good discipline. The same officer reports upon the British troops. He speaks of the painstaking de- tail in the mobilization and dispatch of the expeditionary force, The discipline of the troops 18 excollent. He also speaks in high terms of the Inian regiments Major W. B. Banister reports upon the medical departments of the allled armies. One interesting fact mentioned is that the British and Indian soldlers are not treated in the feld; hospital ships are provided. The Japanese and German medical depart- ments are commended BRYAN ADVISES MARK HANNA should Next Fre o ou difterent bllcan Party tm for th eside CHICAGO, June 20.—Willlam J. Bryan, in a talk with Chicago newspaper men, sald todny: "I am for Mark Hanna for the re- publican candidate for president next time and hope the republicans will nomina | him, but I'm not sure I can control their conventio “Who would be a good man for the demo- crats to nominate?’ was asked. “I's too early to talk about any man for the democratic nomination,” said Mr. Bryan. “I have taken up a life work and believe I have twenty years ahead of me to carry it out.’ TAX FOREIGN CORPORATIONS New York Court M that Do ¥ Sta ks Nomin, Rep | Thin | te t ds Those Linble ws in tha ALBANY, Y., June 20.—The court of appeals handed down a very important de- cision in the case of the people ex rel. A, Klipstein & Co., against James A. Roberts, | state controller, that u foreign corporation | ts taxable on it capital stock under the corporation tax law of this state it it tran- sacts business in this state, although the buginess (s in the nature of an Interstuto trafic. The case will probably be carried to the United States court for final deterwination supreme