Omaha Daily Bee Newspaper, October 29, 1901, Page 1

‘THE OMAHA =S DAILY BEE. ESTABLISHED —_———— JU NE 19, 1871. OMAHA, TUESDAY MORNING, SCHLEY UNDER Ffi: Fombardment of Questions Fails to Daunt the Admiral in Any Wi CROSS-EXAMINATION BY LEMLY L RIGID Rayner Oalls Judge Advooate te Account in His Inquiries. WITNESS SUBJZCTED TO UNDUE CRITICISM Not Having Power He Could Net Issue Battle Plan, NOTHING SENSATIONAL IN THE TESTIMONY tral Gives Plain Account of Opec- tons Before Santingo and of Motives Which WASHINGTON, Oct. 28.—The amination of Admiral Schley began today before the court of Inquiry and bardly more than a third of the ground was covered when the court was adjourned at 4 o'clock. Atter Admiral Schley concludes tomorrow two other witnesses will be called in his bebalf, Admiral Barker and Captain Thomas Borden. The latter was an officer of the Marine corps aboard Brooklyn. The judge advocate will them bring bis witnesses in rebuttal, of whom there are understood to be more than fifteen, and it is probable that Admiral Schley's counsel will call witnesses in sur-rebuttal. The crowd present today, while hardly so large as on Friday last when Admiral Bchley told the story of the battle off San- tlago, showed an unavated interest in the proceedings. Nothing weisational devel- oped and the only outburst in the court oc- curred when Mr. Rayner, Admiral Schley's counacl, objected to a line of inquiry of the Jjudge advocate designed to criticise Admiral Schley’s alleged fallure to formu- late & plan of battle with the declaration that as Admiral Sampson was In command his junior had no 1ight to plan an order of battle. Admiral Schley concluded his direct ex- amination, which continued only about ten minutes after the court comvened this morning with a statement of the effect of the fire of the respective fleets at Santiago. showing that 36 per cent of the hits suffered by the enemy were acored by Brooklyn's five-inch guns, while his ship received 70 per cent of the hits from ‘he Spanish ships. Captaln Lemly's cross-examination wa very searching. Admiral Schley, however, appeared to be unruffied throughout the ex- amination, frankly admitting on several oc- casions that he could not remember little details after the lapse of three years. Time Limit Specified. One line of inquiry which the judge ad- vocate tried to press, to show that Ad- miral Schley did not proceed “with dis- patch” trom Key West to Clenfuegos, by attempting to contrast the speed made be- tween Charleston and Key West with the was curtalled by lecision of the court; which confined the questions to the time subsequent to May 19, the day on which the fiylng squadron left Key Wes! The judge advocate in his cross-examina- tion dwelt upon the Interview be- tween Admiral Sampson and Commodore Schley at Key W before the departure of the flylng squadron at which the latter testified that Admiral Sampson imstructed him not to expose his ships to shore batter- fes until the Spanish fleet had been de- stroyed. He also dwelt on the fact that Admiral Schley issued no written order of battle, on the question of coallng off Clen- tuegos and the steps Schley took there to as- certain the presence of the Spanish fleet. He was cross-examining the witness on matters connected with the cruise of the squadron from Clenfuegos to Santiago when the court adjourned. The retrograde move- ment, the firing upon Colon and the battle oft Santlago, which constitute the main parts of the precept, were not touched upon today. Cross-Examination, Admiral Schiey concluded his direct testi- mony and the judge advocate then began the cross-examination. He was asked about the consultation before the flying squadron iled to the southward. In reply Admiral Schley sald that Captains Higginson, Jewell, Sands, Cook and Marix. were present. He ex- plained that they hed dlscussed the order of the battle if the Spanish fleet was met and aleo the question of place below the ar heads of the over-water torpedoe Was there any other consultation with the captaine?” “‘Yes, off Santlago, for the purpose of ex- plaining the formation of the blockade and the method of attack in case we met the Spanish fleet.” The judge advocate then questioned Ad- miral Schley as to the identity of the Cu- bans who had Informed him at Hampton Roads that the portion of Cuba, west of Havana and Clenfuegos, was well held by the Spanish soldiers. He replied that he could not give the names, that they were Cubans who had come to him as comman- der of the flying squadron to give him that information, He was then closely questioned as to who was present in the cabin of New York at Key West when he talked over the cam- paign with Admiral Sampson. Admiral Bchloy replied that Capiain Chadwick bad Leen present part of the time. “When was this?" “On May 18." Talked “Did Admiral any ver Instractiol ‘ampson exhibit to you r all the instructions he had from the Navy department " “No. He simply spoke of his confidential instructions from the secretary of the navy."” Admiral Schley said he and Admiral Sampson talked of many things. It was a ratber long conference and he ropeated that he could not recall whether Captain Chadwick was present all the time. Captain Lemly read article 271 which provides that the commander-in-chief shall, 1t possible, before going Into action. sup ply every capiain with a plan of battle, showing thereon the position each shall * sald the witness, in reply to Cap- tain Lemly's question if he had complied With that article. 1 do not understand that that fs necessarlly written. 1 think that order is sufMciently carried out when a commander-in-chief decides to place his crews in the order of battle and informs each of what he proposes to do.” ‘Do you think, admival, that you can supply every captain with a plan of battle and do that at an oral comference,” asked Captan Lemly. do not think that is absolutely neces- replied the witness. “There uare (Continued on Fourth P cross-ex- | 4, USTRIA FRIENDLY WITH ALL "1y I % Reference Foreign Affairs Speech of Emperor Francis Joseph, BUDA-P, Oct. 28.—"A close under- standing witn e allies of the empire and continued friendly relations with all the powers leads us to hope that Providence Will not deprive us of the blessings of e With the exception of remarks regarding commercial treaties the above constituted Emperor Francis Joseph's sole reffrence to International affairs when he personally opened the newly elected Hungarian Diet today. The speech from the throme dwelt upon the neceseity for comprehensive legls- lation in all fields in order to raise the standard of intellectual and material de- velopment and for a permanent eettiement on a reciprocal basis of the economic ques- tions pending in different parts of the monarchy. NEW OFFER FOR BALLOONIST Dentsche Enters Another A to Reward Damont for § ful Aerial Machine, PARIS, Oct. 20.—The morning papers pub- lish correspondence between M. Santos-Du- mont, the Brazilian aeronaut, and M Deutsche, in which the latter offers and the former accepts 25,000 francs without preju- dice to the Deutsche prize for a dirigible balloon, the award of which remains the subject of future decision by the aerostation commission, which will meet November 4. M. Santos-Dumont will glve the 25,000 francs to the prefect of police of Paris for distribution among the poor of the city in his name and that of M. Deutsche. TO BOLSTER UP THE MARINE Chamber of Deputies Dises to Ald France's Mercantile In- terents at Sea. PARIS, Oct. 28.—The Chamber of Depu- ties today began the discussion of the ministerial project, aiming at the revival of the decaying French merchant marine. The project provides that any iron or steel vessel, exceeding 100 tons, gross tonnage, engaged in international trade and flying the French flag, shall receive an annual subsidy in proportion to its tonnage until it I8 twenty years old. A larger subsidy s accorded to vessels fulfilling similar condi- tions built in France and under fifteen years old. WILHELM MAY RUN AMUCK Kniser Threatena to Smash Things it Commercinl Treaties Are Not Negotiated. BERLIN, Oct. 28 —The German press is discussing In lively fashion the follcwing utterai attributed to Emperor Willlam: “If no commercial treaties are negotiated I stall smash everything to pleces.’ IMMENSE FRAUD (IS CHARGED Federal OMcera Say Co.,, Boaton Brokers, H coed the Pu Fisher & | e Bun- BOSTON, Oct. 28.—In connection with what the United States marshals declare to be one of the biggest frauds they have ever had to do with In this city, members of the firm ot J. M. Fisher & Co., brokers, are to be arrested on the charge of using the United States mails In a scheme to defraud. It is alleged that $1,000,000 has been taken from the public since January 1, 1900. The method of the firm is sald by the authorfties to have been very simple, Peo- ple all over the country, it 18 alleged were written to and told what excellent returns could be expected. Pools were formed and those desirous of getting rich quickly were Invited to remit. Atter two or three weeks It 18 sald, Investors would be ad- vised that a pool had heen formed on some well known stock and that as stock had gone down and the market had been swept, more money was necessary immediately to save the stock. After having put in two or three times, the Investor became suspi- clous and called the attention of the au- thoritles to the matter. CONSOLIDATION ACT VALID Judge Hanecy In Circult Conrt Holds Companies Had Right to Merge. CHICAGO, Oct. 28.—Judge Hanecy in the circuit court today declared valld the gas | consolidation act of 1897 by which a number of gas companies were merged into the People’s Gas, Light and Coke company. The matter before the court was a petition “by the people” and State's Attorney Dineen for quo warranto proceedings to compel the People’s Gae, Light and Coke company to show by what authority It operated, the complainants averring that the consolida- tion act was invalld. Judge Hanecy va- cated a previous order by Judge Tuley al- lowing the bringing of quo warranto pro- coedings and dismissed the case. In so doing he said the question was not so much one of the rights of the people as in- dividual right. Were the consolidation act unconstitutional, the court declared, the people would not be benefited, as the ten original companies would resume business under their old franchises, when the price of gas ranged from §1.25 to $3.50 per 1,000 teet instead of $1.10 ms at present. The case will be appealed SHELL EXPLODES Artillery Captain and ¥ Injured While Experiment- ing with New Piece. IN GUN " ve Privates LEAVENWORTH, Kan., Oct. 28.—By an explosion of a Colts automatic firing gun at Fort Leavenworth today, Captain Charles T. Menoper end five men of the Twenty- cighth battery of fleld avtillery were wounded, three soverely. The gun, a new one, was being tested and was allowed to become too hot. When a shell came into the breech after firing the shell exploded, tearing out the breech, fragments of which struck and injured the men. These are the injured: Private Snyder leg, severe: Private Meripolt, arm, severe; Private Rieder, arm, severe; Private Hayes, leg, slight: Private Jones, hand, slight; Captain Menoper, hand burned and wrist injured Miuer; BUTTE, Mont., Oct. 2 the Amafgamated Copper were closed temporarily on account of break in one of the concentrators, wers Kk Up Shovels, All the company, mines of which opened today and the 166 men who have | been idle went back to work. URGES MICHAEL'S PRONOTION @enoral Manderson Presents the Name te President for Advaneement. SENATOR MILLARD MAKES THE REQUEST Nebraskan is Proposed for Third As- sistant Secretary of State=Oxnard Tells Roosevelt of Beet ar's Rights, (From a Staff Correspondent.) WASHINGTON, Cct. 28.—(Special Tele- gram.)—"I presented the pame of Cap- tain W. H. Michael, chief clerk of the | State department, to the president today as u successor to Third Assistant Secre- tary Cridler of the same department, who has resigned, upon telegraphic request of Senator Millard,” said General C. I Man- derson as he came from the White House today, “and 1t gave me great pleasure to do so. Major Michael has performed splendid service In the department and stande high with his superiors and as he is & Nebraska man my presence in Wash- ington made it possible for me personally to present his case to President Roose- velt.” This was not all that ex-Senator Mander- ®on did during bis visit with President Roosevelt today. Henry T. Oxnard, head of the beet sugar industry of tbis country, accompanied General Manderson and was presented to the president. In a general way the subject of reciprocity was talked over by the president, General Manderson and Mr. Oxnard, who realizes that a great fight will be waged at the next session of congress between the conflicting beet and cane sugar interests of the United States on one side and the sugar producers of Cuba on the other, General Manderson, having represented the beet sugar growers in their fight before the supreme court of the United States in the now famous bounty cases, Is naturally interested in the protection of the sugar beet industry, and as he comes from a state which produces 30 per cent of the beet sugar of this country his Interest in the Nebraska output is readily understood. Presents Beet Growers' Stde, Mr., Oxnard presented the beet sugar growers' side of the question to the pres- ident, who gave the gentleman considerablo time, notwithstanding there were in walting several senators and representatives who soughc an audience with the chief executive, The president of the Beet Sugar associa- tion went over the case as rapidly as con- ditions would permit and it is safe to say that the president has never had the beet gar side of the case'more ably presented to him than today by the man who has made this subject a study of a lifotime. In addition to his presentation of Mr Oxnard to the president and the suggestion of Major Michael as third assistant secre- tary of state, General Manderson asked that Brigadier General Bates be given a major general’s star before his retirement. While this cannot be done now, it is con- fidently believed that General Bates will recelve the s on as General Lioyd S THe it 88, 20, 28504, fropm, the. PR The presentation of Major Michael's name as a successor fo Third Assistant Secretary Cridler of the State department occasioned | tavorable comment today among newspaper men who come in daily contact with him. It 18 not belleved, however, that it will be successful, as the president has two names under consideration for third assistant, H. H. D. Plerce of Massachusetts, at pres- | ent attache at St. Petersburg, and Prof. Jackson of Pennsylvania. While conditions seem to point to the selection of Mr. Plerce, It would not surprise others to sce Mr. Jackson appointed. One Vacancy May Be Swobe's, The retirement of Colonel J. 8. Moore and Major Francis B, Jones of the quarter- master's department of the army leave two vacancies in that branch of the staff of the army which Quartermaster General | Ludington desires to be filled immediately. Two transports are soon to sall, one from San Francisco, the other from New York via the Suez canal, and it Is desired to put these transports in charge of the quarter- masters, Secretary of War Root has been advised by the quartermaster general of these conditions and it is expeoted that the president will commission two men this week. One of these commissions, it is believed, will go to Captain Thomas Swobe of Oma- ha. Secretary Root Is of opinion that Captain Swobe has passed a satlsfactory examination, having been officially ordered before the examining board at San Fran- clsco. This examination has been favor- ably passed on by Surgeon General Stern- berg and it now only awaits the president’s signature, according to officials in the War department, to place Captain Swobe in the permanent establishment of the army. Changes in Stations of Troops, Just what changes are to be made lu the stations of troops in the Department of Colorado has not been finally ascertained. Secretary Root and Lieutenant General Miles are to have a further conference this week, when it will be decided what regi- ments are to be sent to the Philippines. 1t is probable none of this department will be assigned to this duty, although there 1s | # strong Ykelihood that several companles | in the Department of Colorado will have to occupy the statlons vacated by those going to Manila, as the stations in the east are now short of men and an additional draft will further thin out the garrisons. It 1s sald on good authority that if Major Gener- al MacArthur desires to succeed General Merriam as commander of the Department of Colorado upon the retirement of the lat- ter the appointment will be made. Case Agatust Building Associntion, The case of the Northern Assurance c pany of London against the Building association of Lincoln, Neb, on | appeal from the Eighth circuit court of | appeals, was argued and submitted today | by C. J. Greene and R. W. Breckenridge of Omaha for the petitioner and H. W. Rose | of Lincoln for the respondents. The ut- | torneys were accorded three hours and | concluded their argument shortly after 4 o'clack. The case is a familiar one, involy- | ing the question of the liability of a com- | | pany whose agent insures property already insured to its maximum without other companies, m- Grand View notice to Microxcopists at South Omaha, Dr. A. D. Melvin, assistant chief of the | bureau of animal industry, Department of | Agriculture, has just returned from a tour | of the western bureaus of the department, | eleven in number. Dr. Melvin sald that because of the fire at Hammond, Ind., which company and made It necessary for the | company 1o utilize its plant at South Oma- ha, five taggers and stock examiners had | (Continued on Secoud Puge.) - T WASHINGTON, partment has received from Minister Con- ger at Pekin a translation of a series of preliminary regul cently organized Chinese Board of National gutted the plant of the Hammond Packing | OCTOBER 29, 1901-TEN PAGES. SINGLE COPY FIVE CENTS. MANY BAD PENNIES TURN UP|g[ \C AND WHITE LIE DEAD Secret Serv to Have WASHINGT the Troasury cers of the ecastern co mtarfeit some years include: M charge of Levine bought pennies i tools are ner at who has been In Boston the officers captured a complete | plant consisting of machinery and materials for making coins. For five years past about countorfeit been recelved at the subtfeasury at New 5,000 York BOSTON, rested, copper and until served time f SHOWS THE POPE’S INTEREST xults Rector Conaty of the Cath- olie U s who are bel bers of a gang which making q at New York, wi Baltimore, Mass., ing establishment for pennfes was found in Cambridge this Weiner and Charles Saramofsky were ar- The counterfelting was done in a second-hand furniture store: The diepress, other material were seized. Weiner and Saranofsky were taken to the federal bullding and held under heavy bail Monday. fee Arr Flooded Conntry with Spurious Coln, ° ON, Oct bureau of pefsons in variou ed to be mem been passin, ennies in ol numbers foi past. The Welner at these. ston, nie on of M trom which * made and agalnst whom who, a fugitive from justice. pennies per week hav Oct. 28.:=A counterfeit and afternoon Welner i% said or counterfeiting. to hav niversity " WASHINGTON Thomas J. C: Catholic university, today réceived the briet from Rome conferring upoh him the hon- orary appointment Samos, a famous port in the lonlan archi- pelago in the Grecian sea and under the Jurisdiction ol The consecration will take plage at tha Catholic university here Sunday, Novem- The ceremony, oceurring so soon after the meetings of the university trustees and of the archbishops of the country, will A large npumber of church dignitaries from all parts of the United States will be present. ber 24. be Gibbons, by Rev. sor of ecclesl sity. The new dignity is now interpreted as an expression of the pope's deep interest in the university, the appointment coming di- rectly from Bishop-Elect Conaty will nonumu as rec- a notable event. Oct. D, 28.—Right onaty D., rector of titular bishop of f the archbishop of Rhodes. Cardina chancellor of the university, will be consecrator. The sermon will be preached Thomas J. Shahan, D. D., profes. tical history at the univer- him to Cardinal, Rampolla. tor of the universit: CHINA LEARNS WESTEIN WAYS Board of Admi tration & servative Methods in. u-. Orient Up to Administratio zation of that government on modern and The sentiments expressed are conservative, says Mr. Conger, and it 1s plain that there 1s no Intention to imitate the too brisk pace set by the re- formers of 1808, but Instead to study west- ern methods and without adopting western civilization as a whole, to adapt to Chinese conditions such institutions as seem Jdikely efficient made lines. PRI 1, Oct. 28The State de tions adopted by the re. n charged with the reorgani to add strength to the state, Holidays at the White House. WASHINGTON, Oct. telyou today White House uary 1, Wedn January 2, January 23, reception. TINPLATE 2, Thursday, cabinet dinnes uary 7, Tuesday, diplomatic reception; Jan- uary 9, Thursday, diplomatic dinner; Jan- uary 16, Thursday, supreme court dinner; Thursday, congressional recep- tion; January 30, Thursday, army and navy 28, public -Secretary Cor made for the season of 1902: esday, Jan New Year's, reception Jan OFFICIALS Succeeded by Graham and Leeds, NEW YORK, O¢ to stockholders, issued today, was made of Daniel G. Reed and Vice President Warner | Arms of the In explanation Mr. said that of cerning Mr. prestdent of t who was first who resigned elected first vice president and Frank Dick- erson was made second vice president. Dickerson was the general sales agent of the company and will retain this position in connection w! ASSOCIAT M. P Wells celver for Build ATLANTA, filed In the asking for a Ga. on solvent the assoctatl than covers t to Texas. Ot supplemental tion of the accounts of the concern. i cillary bills states interested United States clreuit court gave the officers of the concern until tomorrow to make the t. 28.—In a circular sen! announcemen the retirement of Presiden American Tinplate company. Reed found it cor which he Con Arms it was said he desired to retire from all active business. he company is W vice president. W. H. L as third vice president, 4 wa ith his new post ION IS So Atlirms in ng and Loan Concern. —A bill has been United States recelver for district cour ., and other assets of the concern The officers of on claim this amount he liabilities. her stockholders have filed bill asking for an examina will be filed at once in al Judge Pardee of usual response. o Blow HARRISBL Mormon nas Method in behalf national campalgn for nstitution of polygamy torles, of allian Strack at Polygamy, RG, Pa, Oct. 28.—An s meeting was held ‘today dist church, at which Rev. Dr. Wesley Hill, chaplain af the state senuis, rdenomi- the Women's | formally op amendment to t providing for the ned ons arrested the {1t is alleged s for casting Mr Wilkie says a charge of conspiracy to ald in counterfeiting will be made; of Roste Ler- Mr. Wilkle says, 18 under Indictment by the New York grand jury for passing counterfeit pennies and Willlam Rev. of the its Con- the following | program of receptions and dinners at the QuIT President Reed and Vice President Arms Retire, of these resignations it was necessary to devote the greater part of his time to the affairs of the United States Steel | poration, is a director and member of the executive committee, The new | T. Graham, Mr. INSOLVENT sking Re- the Interstate Bullding and Loan association of Columbus, The bill was filed on application M. P. Wells of Edgefield, 8. the charge that The stated to he about $350,000. of the association is in- are more The Interstate assoclation has stockholders from Virginia | An- the anti- in umlnlml prohibition in all the states and terri- finng Belteved Dispute at Refreshment Stand Brings en Berious Raoe Riot, 28+Chief Wilkle of department Sedret service re- ceived information todey of arrests by offi- FIVE HUNDRED WHITE MEN UNDER ARMS Lynching of Colored Assailant Causes 1l Feellng Which Results in Bloodshed, with More to Follow. 5 3 NEW ORLEANS, Oct. 28.~The Pleayune's Amite City special says: Three white men and eleven negroes killed in a race riot is the starfiing news received tonight from Washington Parish. Your correspondent has just conversed with a man from Frank- linton, who confirms this information, but he knows nothing of what has happened since yesterday evening. The first news of the race riot was brought here today by Cornelius Mixon, who, with his mother, left from near Fraoklinton this morning. He stated that - | white men rode into Fraklinton at 2 o'clock this morning seeking help, saying that the negroes were up in arms and threatening to exterminate the whites. The scene of the trouble is at or near Balltown, where a negro was burned last week for criminally assaulting & white woman. This was not the cause, however, of the murders yesterday, in which three white men and eleven negroes were killed nd several wounded. Mr. Mixon saw and talked with many men from the scene and they sald that more and worse trouble was expected today, as armed men were flock- ing to the scene and It was reported that the blacks were equally active in prepar- ing for a battle. More Trouble Feared. o P. B. Carter arrived from Franklinton a little after dark tonlght and said that more trouble was feared. He said that Joe Seals and Charles Eliott and another ¢ | white man whose name he did not know were dead and E. H. Thompson, a white man, was wounded and that eleven negroes were dead. At 3 o'clock this morning a posse left Franklinton for the scene of battle in charge of Sheriff Simmons and from all over the country armed men were hurrying to the same place. Mr, Carter said that 500 men were probably under arms today in Washingtqn Parish. The trouble occurred 118t a negro campmeeting and the origin, as ngar as can be ascertalned, was as follows: - Origin of the Riot. Creer Lott, a negro, was running a re- freshment stand and a constable, a white man, name not given, went to him and asked for his license. He bhad none and became impudent, cursed the constable and defied him. The constable withdrew and secured assistance. He returned with several white men, when the nezro rushed out and fired point blank into the crowd. killing Joe Seals and Charles Eliott. The whites returned tho fire and killed Lott. A negro preacher mamed Connelly rushed out of a house with a gun in his hands. tempting to shoot and was killed. His Aqumu was also killed, though, it is satd, “wad actidemratty-sHOr. <-tn -the - ‘m«n followed another white man wae Killed and E. H. Thompson wounded and seven or eight negroes killed. The shoot- - | ing had no direct connection with the burn- ing of the negro Mossis in that section last ‘“eek, but it is undoubtedly a sequel to that tragic event. Since that time it s reported that the negroes have been hold- ing nightly meetings, preparing to attack the whites, Balltown is about twenty miles from Franklinton, in & sparsely-sottled section. 1t is almost entirely cut off from the out- side world. Franklinton is twenty-seven miles east of this place and there are no telegraph or telephone lines. n Negroes Shot at Church, A dispatch from Colombla, Miss.,, says | six negroes were shot to death at Live Oaks church, about three miles from Balltown, that one white man was killed and another fatally wounded and that two negro women and a child were burned almost to cinders {in Lott's restaurant, which had been fired by the ‘whites to dislodge Lott and othars who were firing at the whites from behind the counters. The negroes have taken to the woods and no further trouble is appre- hended at present. CROWD CRIES FOR VENGEANCE Negro Who Assaulted Child is Rencu 1 with Difficulty Clutches of Mob. from t| CARBONDALE, I, Oct. 25.—This has t | been one of the most exciting'nights in the t | bistory of this city. This morning Grace Short, the 13-year-old daughter of George W. Short, a trackman employed on the Ilinois Central, came to this city on a shopping tour. On returning she wought & ride with a stranger and in the wagon was - | Thomas Moberly, a colored man, aged 53 years. Near her home, which ia less than - | two miles from the city, she alighted and | was soon followed by the negro, who over- took her and brutally attacked her. Though the girl escaped she received two ugly wounds. dale and was attempting to leave the city on a freight train when caught. He was ar- raigned before Justice Clayton and was readily identified by the girl. The crowd in | the room became furious and several per- sons attacked the negro, inficting severe wounds. The crowd was forced from the room by the officers. Tonight the men are gather- ing in great numbers and there 15 much talk of lynching, Several deputy sheriffs arrived at 8:30 p. m. and in a few minutes had spirited Moberly away ONLY OLD FIGHTERS WANTED Long Announces that N Wil D Over t vy riminate in Depart- King . Reserves, ¢| COLUMBUS, 0., Oct. 28 —Governor Nash is in receipt of a letter from Secretary of the Navy Long stating that the Navy depart- ment has under consideration the taking over of the naval reserves of the various states. The letter states that a special act will | | have to be passed by congress, but in the meantime the department is engaged in as- certaining the number of men who will be available under the requirements of the United States government. It is proposed that only men who have had two years service in the state reserves or served in the Spanish-American war, or who have had | much sea service, shall be eligible. They will be under the jurisdiction of the United States and will be paid while on duty at the rates which prevail in the regular navy. Reserve officers who are out of the marine service will be permitted to fly a speclal | The negro came to Carbon- | ‘CONbITION OF THE WEATHER .l | t | mere two ye Forecast for Nebraska copt Bhowers in Eastern Portion: Wednes. diy Falr apd Colder; Winds Southerly, Shifting to Northwesterly ¥alr Tuesday se .6t SEEKS PAPERS IN OMAHA Falling to Find Them, Attorney Stirs Up a Breese by His Re! to Judge Webater, czazaane 298883333 DENVER, Oct, An attack, or an alleged Judge Webster of Omaha brought on @ tlt between Attorneys Charles J. Hughes, Jr, and Caldwell Yeaman in Judge Pal- mer's court this morning. The original pa- pers In a case which involves some of the property of the Denver Unlon Water com- pany are missing and it was intimated, or Mr. Yeaman thought so, by Mr. Hughes that Juige Webster of Omaha knew where they were and was purposely keeping them hidden in order to prevent the Denver Union Water company from using them. Judge Webster is well known in Denver, where he addressed the Har assoclation rs ago, and Attorney Yeaman essayed to defend his character and repu- tation tefore Judge Palmer. Yeaman became much excited and said it was not becoming an attorney in a Denver court to ussuil the character of Judge Web- ster and hint that he had willtully and maliclously withdrawn papers in the case and was hiding them. “I'm not here to defend or assall Judge Webster,” sald Attorney Hughes in reply, “and the fact that he might have been a member of the supreme court or that he would be an honor to the United States senate does not affect the fact that the original complaint In this case is missing. Of course it Is unfortunate If accidental. We have sent a man to Omaha #o look for theso papers. They are not on file with the clerk of the federal court and he does not know where they are. There was only one man who had a copy of this complaint and he refused to permit its fnspection un- less Judge Webster ordered it ENTOMBED MINER SET FREE Vietim of Cavein Subsists for Sixty- One Hours on Fresh Alr ¥n ow Cell SALT LAKE CITY, Oct. 28.—After being entombed in the Highland Boy mine at Bingham, Utah, for sixty-one hours, Charle; Nutting was taken out today by the rescu- Ing party that has been constantly at work since the cavein occurred. He was alive but very weak when found. The space in which he was imprisoned was 5o small that he was unable to stand. A plentitul supply of tresh air, however, served to prolong lite. One other man, Willlam Anderson, is still the. thy uing pagty will contloiie Its work until ha is found. There 18 no hope, however, of finding him alive. METHODISTS EXPEL MINISTER Tennessee Conference Belleves A. B. Cherry Burned His Hous Get the Insurance, to NASHVILLE, Tenn., nessee conference in session at Pulaski h expelled Rev. A. B. &herrv from the min- istry and membership of the Methodist Episcopal Church South. Rev. Cherry was charged with fraudulently collecting in- surance on personal property in the de- struction of which he is alleged to have been a coincendiary. The report was signed by all the members of the trial com- mittee. Counsel for Rev. Cherry imme- diately gave notice of an appeal to the gen- eral conference. MINNEAPOLIS SEES REAL SNOW Recent Doubtful Fall Outdone by On Plainly Discernible Flak Oct. 28.—The Ten- MINNEAPOLIS, Oct. 28—The first preciable snow of the season fell today shortly before noon. About a month ago a tew flakes were seen in the air, but today the: fleecy stuff was easily distinguishablo in the air. The snow melted immediately on reaching the pavement and later a driz- 2ling rain fell. SURPRISE FOR UNDERTAKER Overzenlous OMclal Takes Charge of Supposed Corpse Not Yet Safely Over Styx. ap- NEW ALBANY, Ind., Oct. 28.—While an undertaker was today preparing to lift upon & cooling board the supposed dead body of Mrs, Julia Bullock of this city Mrs. Bul- lock revived. She had heen pronounced dead by a physician and had lain for sey- eral hours with no apparent signs of lite. She 15 still allve PRESIDENT DENIES THE SALE Merril Fr Emphatically o0 System Has Not hased His Ro States that Pure MOBILE, Ala., Oct. 28.—Colonel Frank Merrill, president of the Moblle, Jackson & Kansas City railroad, denles emphatically the reported sale of that road to the ‘Frisco line and furthermore sayvs there are no negotiations on foot for the sale or control of the Mobile, Jackson & Kansas City road. Movements of Ocean Vessels Oct. At Liverpool—-Arrived: Montreal: Sarmatia Sl Corean, for Johns. At Copenhagen—Arrived: New York t Bremen New York At Gibraltar—Arrived: Lahn, from New York, for Naples and Ge At Cherbourg- Arrived: Kafser Wilhelm der Grosse, from New York via Plymouth, for Bremen. At Glasgow - Sailed York: Pomeran At i;lnk(l.v\ from New V¢ At Plymouth--Arrived: Graf Waldersee, from New York, for Cherbourg and Ham: burg At Holly Head-Passed: Portland, Me., for Liverpool, ¢ London--Arrived: Minnehaha, from York. Salled: Montevidean, for Mon- Philadelphin—Arrived: Noordland, Liverpool via Queenstown: Curtha: rian, from Glasgow and Liverpool. New York—Arrived: Manitou, lon: Cymric, from Liverpool: dwm, from Rotterdam; ~Furnessia, Glasgow; Minneapolis, from London, Parisian, from from Montreal Philadelphia via 8t Hekla, from Arrlved: Barbarossa, from Mongolian, for New or Montreal. rrived: State of Nebraska, Dominion, from from Rotter- from AVENGER IS AT HAND Law is Demanding Its Due from Leon Crolgess, the Anassin MURDERER SHOWS NO SIGN OF COLLAPSE Last Night on Earth Endured Stolidly in COondemaed Cell. BROTHER GIVES UP HIS CLAIM TO BODY Prison Officials Are Suspicions of Family's Motives. MUSEUM MANAGERS MAKE VAIN OFFERS Kinetoscope Perm Photographer Craves fon (o Photograph Cone mned Man as He Enters Room of Death, AUBURN, N. Y, Oct. 28.Leon ¥. Czol- g08z will have pald tribute with his lite to the law as the murderer of President Willlam McKinley by 7:15 o'clock tomorrow morning and unless he undergoes a great change of heart and strength in the few bours of iife left to him he will go to (he electric chair unconfessed and unrepentant. He suffered a slight nervous attack late today, but remained eullen and stolcal up to the time the prison closed at 10 o'clock. He refused to heed the words of the priests who came to urge spiritual prepara- tion for death and declined to either re« embrace Roman Catholicism or renounce anarchy. Hence unless he changes hie mind there will be no religious ceremony at the end. Czolgosz showed no strength of love for kin nor did he turn to any of those higher considerations which ordinarily claim the thoughts of men occupying his position. He may, however, have suffered mental tor- ture, but outwardly he seemed sullen and Indifferent. The state is not to surrender posseasion of his body and by sundown It will have been secretly interred in ground controlled by the officials of Auburn prison. Waldeck Czolgosz, brother of the mur- derer, foreseeing endless difficulties and possibly angry demonstrations as the result of an attempt to glve the body ordinary burial, heeded the advice of Superintend- ent of State Prisons Collins and Warden Mead and formally. relinquished all claim to it. He merely stipulated that at the close of the autopsy all the parts of the body ebould be buried. All chance of an unhappy and unfortunate sequel to the execution, either in displays of populal contempt or the exhibition of ghastly relies, is therefore finally prevented. His Last Twe Interviews. ‘The plan of burning his clothing and pa- pers will be carried out Immediately after the execution. The electrical machine is ready for Its work; Auburn prieon {s care- fully guarded; the city s in its normal calm stances standing In the way of the suc- cessful and expeditious execution of the law, Czolgosz held his last two interviews to- night, the first with Superintendent Collins and the it with his brother and brother- In-law. Both interviews were brief and the Interviewers did most of the talking until the question of religion was mentioned, when Czolgosz broke from his seeming lethargy and violently denounced the church and the clergy and made his rela- tives promise that there should be no serv- fces for him, living or dead. Prior to the late evening interviews Czol- g0lz reluctantly received Fathers Fudzinski and Hickey. It was late in the afternoon and occurred after he had once refused to meet them. When they reached the prison Superintendent Cellins conveyed the re- quest for an Interview to the prisoner. Czol- gosz sent back word that he did not care to see them, but the priests asked again to see him, despite his refusal. Su- perintendent Collins consented and per- sonally escorted them to the cell. Declines to Repent. The priests remained with Czolgosz three-quarters of an hour and earnestly pleaded with the prisoner to repent and pray for divine forgiveness. He rejected all their advances, however, and they re- gretfully withdrew. They told the prisoner that they would hold themwelves ready to answer a call for him at any hour of the night. It was 7 o'clock when Superintendent Collins went into the death house and tried to get the prisoner to talk to him. Although he remalined in the cell some time he wi apparently not successful in getting any- thing material from him. At & o'clock the brother and brother-in-law arrived and Su- perintendent Collins took them down to the condemned man's cell. There was no dem- onstration when they met. Czolgosz mere- 1y stepped to the front of his steel cago. and eaid: “Hello.” The brother ventured the remark: I wish you would tell us, Leon, who got you into this scrape’” The assassin an- swered in a slow, hesitating manner: “'No one. Nobody had anything to do with it but me. “That {s mot how you were brought up,” sald the brother, “and you ought to tell us everything now." “I haven't got anything to tell,” swered in a surly manner. Curses the he an- riests, “Do you want to see the priests again?" asked his brother, and he answered with more vehemence than he had previously shown, “‘No,”” with a curse, “don’t send them here again. 1 don't want them.'" The brother-in-law interjected here: “That's right, Leon.” The brother looked rather disturbed by the answer. Then stepptg up close to the bars the con demned man said: “‘And don't you have any praying over me when I'm dead. | don't. want it.+ I don't want any of their religion.’ . There was a painful pause of a few min- utes and then the relatives resumed casual conversation with him, to which he replied in monosyllables, until the brother-in-law suggested, much to Superintendent Collins' surprise, that he and the hrother be per- mitted to witness the exe:tion. Befors the superintendent could reply Leon sald “Yes, Mr. Buperintendent, let them see me killed." Superintendent Colling told the trio in emphatic terms that no such thing could be allowed and ordered them to say goodby. Czolgosz walked to the back of his cell, sat down on the edge of his cot and did not answer the last farewell. When the rela- tives reached the warden's office (ley again renewcd their request to see the exeeution, to which Mr. Collins roplied emphatically, . Crolgosz will be killed at 7 o'clock and if you apply to the warden in the aft- ernoon you may be able to see the body," 4 there seem to. be 0o ofrcum-.