Omaha Daily Bee Newspaper, October 30, 1901, Page 1

I . \ THE OMAHA DAILY BEE. ESTABLISHED JUNE 19, YARN OF OLD CRUISE Aémiral fch'ey Fails Again from Cienfueges to fantiago Harber. SEA FIGHTER PATIENT DURING THE INQUIRY Judge Advocate, However, Presses Witases with Keen Questions. FIRE SHOWS UNDER ADMIRAL'S CALM FRONT Retrograde Movement to Koy Wost is Brought Out Fully. RESPONSIBILITY IS TAKEN BY COMMODORE Information from Sigehee and Caban 1ot Indicentes That Spanish WASHINGTON, O. 20.—The cross-ex- smination of Admiral Schley was continued throughout the session of the court of in- quiry today. The progress made was ex- ceedingly slow. Practically the whole day was consumed in questioning the admiral about the crulse from Clentuegos to tiago and the motives and influences that governod him in turning back after his aquadron had arrived in the vicinity of the latter port. This latter branch of the cross-examina- tion had not been concluded when the court adjourned. The blockade at Santiago. the reconnais- eance of May 31 and the battle of July 3 still remain to be covered. ‘It is hardly probable that the judge advocate can con- clude before adjournment tomorrow. After he finishes quite a number of questions pre- pared by the members of the court will be submitted. The judge advocate in conducting cross-examination used a carefully pre- pared typewritten list of questions. They called for a comparison of statements Ad- miral Schley has made either in his direct testimony, in his communication to the senate or In his dispatches to Admiral gampson or the Navy department, with the testimony of witnesses who bhave preceded him and the logs and signsl books of the other vessels of the fleet. The questions were not asked in chron- ological order, but jumped from one sub- ject to another. Throughout the strain to which the witness was naturally subjected while under examination the admiral re- tained his customary Composure. Only unu 44 he display impatience or weari- At one point when asked a question xu replied that e had been asked the same question yesterday, at the same time tell- ing what his reply had been then. At amother time when beln; Interrogated as to his dist at Clenfuegos and as to wi tances were a matter of record he re. sponded rather tarth *'Oh, 1 did not know they would matter of importance or ted them and ‘made & “whoua ot many other thi Twe iry. The maln points to which the cro: x- amination wae directed today were the ability of the ships to toal off Clenfuegos and the reasons for what is known as the retrograde movement. The latter point dwelt upon with much emphasis and had not been disposed of fully when the court Adjourned. The admiral gave three réasons for turning back: First, the ement of Captain Sigs- bee, who commanded Paul, that the enemy was not in Santiago; second, the opinion of Nunez, the pllot, that the entrance was too narrow and shallow for the Spanish ships to enter and, third, the ambiguity of the department's telégram. In the course of the cross-examination the admiral sald he rded the depart- ment's dispatch rather s & suggestion than s an explicit order, a suggestion which he carried out after the ges had abated and thy coal supply of the had been replen- isked. the W ‘The first question judge advocate asked was in connedHon with Admiral Schley's examination in chief, regarding the meeting with Eagle atter the fiying squad- ron left Key West. “You sald you had & distinct recollection that Eagle passed withia ‘hail in the Yu- catan chanpel and that it reported no news." Engle Reports No News, “Not in thé Yucatan channel. We passed Eagle soon After leaving Key Wes “It passed within hafi?” “That 1s my recollect! “And repotted no ne “Yes."” The judge advocate théh fomped to Cieny fucgos, oxamioing him Upon his statement that upon thé afrival of the squadron there Scorplon was sent In 88 & picket boat and asked him to reconcile that statement with the entry in the log of Searpion to the ef- fect that from midnight 18 4 n. m. “drifted in company with the fieat for the -emainder The admiral explained that that entry did not necessarily mean tha Scorplon wan absolutely in touch with the fleet. As he recalled it all the ships were drifting. these circum- 1t was dritting {p shore.” “Mow far lnside?” “That would be a guess. mile." Golng back to Adula’s appearance at Cienfuegos Captain Lemly asked about the war bulletin brought by that vessel and asked 1f it had not stated that the Spanish fleet had left there on May 20. This the admitted was trd$, as he did also had said that the distance from Clenfuegos to Santiago was from thirty-six to forty-olght hours, Then Captain Lemly ked ! Would not the fact that from thir(y-six to forty-elght hours was ne: ry in cov- ering this distance have brought the Span- lards to Clenfucgos afiér your arrival there?” “I did mot wish to be understood that that time would have been necessary for the Spaniards to make the voyai simply to give the time eonsumed by fiying squadron in making the voya Reverting to the blockade of Ci Captain hemly asked the witnees how he estimated the distaunce of the blockading fleet to be between three and four miles from shore. “In day time T took a bow and beam bearing. This, togethdr With the surf and the land, scemed to confirm that thet dis- tance was correct.' In answer to Captain Lefly, th read abstracts from Brooklyn's lo the view of showing (Bt the admiral's (Conunn-d on wnmh rm) Perhaps a 1871. ROYAL GREETING AWAITS THEM tons Made for a Great Recep- to Duke and Duchess of Cornwall and York. LONDON, Oct. 20.—i 4, have been made for the %4, duke and duchess of Cornw . kat Portsmouth and London. It Is ' g, - ally felt that the tour of the du duchess has been a success, as, on whole, comparatively little interest hac been taken in it, the war and other events having completely overshadowed the royal Journey. The officials, however, are deter- mined that it ehall end in a blaze of glory. At Portsmouth an effective naval display has been arranged. Fifteen battleships and crufsers will sall tomorrow to meet the royal yacht Ophir and cscort it to Ports- mouth. Other ships there will join in the reception, and Friday evening the whole fleet in the harbor will be {lluminated. King Edward and Queen Alexandra, with the duke and duchess of Cornwall and York and other members of the royal families on board the royal yacht, accompanied by & flotilla of other smaller yachts, will meet Ophir In the channel Friday and escort it into the harbor. The royal party will take train Satv day and reach London at 1 o'clock in the afternoon. Here the troops will keep the streets clear for the procession from Vic- teria station, by way of Conetitution hill, Pleadilly and St. James strest. to Marl- borough house. All traffic on the London & Brighton raliroad will be suspended be- tween the time of the departure and the arrival of the royal train. Newspaper correspondents who were with the duke and duchess of Cornwall and York's party contribute some remarkable letters to thelr papers here, highly ap- preclative of Canada, but they do not like the glimpse they got of the United States. Thus, the Morning Post correspondent writes: “Some of us crossed to Buffalo (o #ee the exhibition, which was dlsappointing. Buftalo 18 a slovenly looking, 1f prosperous, oity, In great contrast with the handsome Canadiau cities we had recently visited.” WEEK'’S “BAG” IN SOUTH AFRICA Kitchener Reports Hard Tussle with Delarey and Kemp and Tells of Stricken Boers. srate plans of the LONDON, Oct. 20.—A dispatch from Lord Kitchener, dated Pretoria, October 28, says he has recefved reports of important fight- jng, October 24, near Great Marico, when Delarey and Kemp attacked a British foree and were only repulsed after severe fight- ing, lsaving torty dead on the fleld. The British lost twenty-elght men killed and had fitty-five wounded. The Boers carried off eight British wagons and appear to have pald special attention to the guns, as thir- ty-seven gunners and drivers were killed or wounded. Lord Kitchener mentions a number of minor affairs and says this week's “bag’ sted of seventy-four Boers killed, six- wounded and 353 made prisoners. In addition forty-five Boers surrendered and the British captured 471 rifies, 7,950 rounds of ammunition, 216 wagons, 530 horses and elghty head of cattle. TAKE A “LOOK -UNDERGROUND .!IIlDI'_I_I‘ rty Gather me in Bullding New York Read. LONDON, Oct, 20.—Messrs. August Bel- mont, McDonald, Bryan, Deyo, Van Vlleck and Stillwell having completed their sur- vey of the underground railroads of Europe, will start on their return to New York to- morrow on the White Star line steamer Oceanic from Liverpool with much useful information for the benefit of New York City's underground road. Mr. Belmont said today to a representa- tive of the Assoclated Press: ““We met with the greatest courtesy everywhere and all opportunities of seeing what we wanted to see were granted to us. We secured mugh valuable data, especlally regarding stations and power houses. It would not be courteous if 1 made comparisons with the varlous roads we went oVer. You can- not compare London's ‘tube’ with the New York road, for our line is being constructed on an entirely different principle.” PALLID KING KEEPS IN DARK Edward Drives to and from Ceremonies in Closed Carr Disappointing Publie. LONDON, Oct, 29.—King Edward today personally conferred the insignia of various orders on 250 to 300 officers and others re- cently decorated. The investiture was held in St. James and was attended by all the state ceremonial for which the king is such Kler. While the route between St. James and Marlberough house is only a few hundred yards lcng, King Edward disappointed the orowds today by driving from his residence to the pulace and back in an entirely closed carriage. An iocident which evoked some comment was the presence of Sir Francis Lans, the king's physician, at St. James' palace. Sir Francis left the palace and drove to his home, opposite Marlborough, just before his majesty returned there. T0 RE-PEOPLE THE TRANSVAAL Lord Milner Ind h Designe to Subjugate South African Country, Natal, Oct. 20.—The imperial authorities have reached the conclusion that the ly repeopling of the Transvaal and Orange river colonies is ad ble, so that the normal industrial and agricultural life of the colonies may be resumed. In the course of a speech yesterday Lord Milner sald it was useless to wait until the war was over in a formal sense. It might never be over, he declared, but it was burning itself out and in time we will show ourselves master In the house we have taken, by rehulldlnl 1t and can live in it. DURBAN, POLICE BREAK UP MEETING Irish Agitators lr llnlll ¥ Handisd and Many Women A Trampled Upon, DUBLIN, Oct. 20.—A force of constabu- lary broke up a United Irish league demon- stration at Kilmain, County Mayo, yester day, though the meeting had not been pro- clalmed. The police refused to allow John O'Dounell, . P., or Peter Regan, a league organizer, to speak; Willlam Redmond was thrown about and Mr, O'Donnell was as- saulted and dragged Curough the ewest. Mr. Regan's hand was brokem by a blew from & constable’s baton and a dozen men, women and children were trampled upon. The king looked aged and pallid. | OMAHA, WEDNESDAY MORNING, OCTOBER 30, 1901-TWELVE PAGES. GIVES NEBRASEA ITS DUE|SHOULDER AN IMMENSE RiSK | ACAINST BARTLEY BONDSMEN Reorotary Wilson Coneedes It is Very Much in the Cera Belt. SEEKS PLANTS TO ROTATE WITH WHEAT ‘venident Roosevelt Enmtertains Col- *1 Grigaby of South Dakota— ane Indians to Be Asseme bled at Cantonm, (From a Staft Correspondent.) WASHINGTON, Oct. 329.—(Special Tele- gram.)--Seeretary Wileon of the Depart- ment of Agriculture leaves for his home in Traer, la., tomorrow “to vote," said he, “and incidentally to make one or two speeches. “l see,”” ho added, “that some of the western newspapers continue to criticlse me for alleged statements made regarding the crop conditions dufing the early fall. I am somewhat surprised at these attacks because my whole active life has been spent in the west and I am part of its rest- less energy. The country on the west side of the Dakotas, to my mind, is in the actual corn belt of the United States and any oth- er geographical division would be mislead- ing and any statement that would seem to reflect on Kansas, Nebraska, the Dakotas or Colorado attributed to me hardly merits serious consideration. “With regard to the enormous wheat yield in Kansas, Nebraska and the Dakotas the department is giving that matter eerious consideration. No country can grow wheat perpetually without diversifying and rotat- ing. The department, with this general proposition In view, is anxlous to get plants that will be at home In the wheat-growlog portions of the section referred to. We have scoured the world to secure thes plants sc that the people in this corn belt will iu the future have forage plants with which to rotate. “I repeat that Kansas, Nebraska and the Dakotas are as pronouncedly in the corn belt as any states east of the Mississipp!. Even this year, with a corn short finest corn grown wae mentioned and the department is glad to berald this fact.” President Enter! by. President Roosevelt entertained at lunch- eon today at the White House his former comrade in arms, Colonel Grigsby of Sioux Falls, 8. D., who organized and command- ed the famous Grigsby Cowboys during the war with Spain. The affalr was entirely informal. Mrs. Roosevelt presided, assiet- ed by Miss Alice. Other guests, aside from Colonel Grigsby, were Mr. and Mrs. Page of this city, Mr. and Mrs. Groves of Bostom and Lieutenant Commander Cowles of the navy. 0. 8. Gifford of Canton, S. D., recently appointed superintendent of the insane asy- lum at that place, has arranged for re- moving to Canton the insane Indlans who are now inmates of the government asylum in this city. It is belleved the Canton asy- lum will be filled to ite capacity from the start. The institute will accommodate sev- enty-five patients and it Is expected it will be opened January 1. Mr. and Mrs. K. F. Kioke and daughter of West Point, b, are at the Raleigh. This is Mr. Kioke's first visit to Washing- ton and he and family are thoroughly en- joying the historic surroundings. Dr. and M Mackenzie of Watertown, 8. D., are guests at the Raleigh. Department Notes. ins Grl Rural free delivery service will be es- tablished January 1 at Central City, Linn county, [Ja. The route embraces twenty- four square miles, containing a population ot 610. Dudley D. Epperson was appointed carrier, Postmasters appointed: Nebraska—Anselmo, Custer county, R. N. Atkinson, vice H. Kelly, resigned. South Dakota—Pringle, Custer county, Frances Cordingly; Shiloh, Sully county, O. D. Varne. The Citizens' National bank of Des Moines was today approved as a reserve agent for the Firet National of Independ- ence, la. Charles W. was today appointed a carpenter at the Indian agency at Rosebud, 8. D. The corporate existence of the First Na- tional bank of Storm Lake, Ta., has been extended unti] October 29, 1921, The secretary of the interior has ordered patents issued to the Union Pacific Raflway company for three more lists of lands se- lected under its grant. The first em- braces 89,425 acres In Cheyenne district; the second, 132,979 acres In the same dis- trict, and the third 69,791 acres in Chey- enne and Evanston districts, Wypming. MEADE IS CALLED TO ANSWER Colonel in the Naval Corps Confronted with Serfous Charges by the Departmen WASHINGTON, Oct. 20.—The Navy de- partment has made public the charges and specifications In the case of Colonel R, L. Meade, United States marine corps, who Is to be tried by court-martial at the New York navy yard on November 12. Th are two charges, “drunkenness on duty” and “scandalous conduct, tending to the de- struction of good morals.' Under the first charge there ure three specifications, alleging that on or about March 18, April 30 and June 18 Colonel Meade, while In command of the Marine barracks at the New York yard, was “un- der the influence of intoxicating liquor and thereby unfit for the proper performance of duty.” Under the second charge there are six specifications. They allege false testimony while under oath before the court of in- quiry which investigated his case. MOURNING PERIOD IS OVER ident Roo Attends the T ater and Winter ®ins in Washington. WASHINGTON, Oct. 20.—President Roosevelt and party occupied two boxes at the New National theater tonight and wit- nessed Dunlel Frohman's company in “Lady Huntworth's Experiment.” This is the first time the president has attended any theater since his elevation and his en- trance was warmly greeted by an audience that packed the theater. The president was accompanied by Mrs. aptain Greenway and d Gray of Baltimore. The president’s visit to the Natlonal brings to a close the period of mourping late President McKinley, as mi wmembers of the official family, as well as many leaders of society, heretofore have refrained (pm appegring in public. Adsit of Fort Yates, N. D,, way Underwriters Poliey to Northern Pacific=Two Elements Are Negotiating. S8T. PAUL, Oct. 20.—The Northern Pa- cific today received from the Railway Un- derwriters one of the largest insurance policies ever written in the United States. Its total was $13,400,000. It is the largest single policy the company ever gave. In addition to the above the company has also insured, out of its own fund, a large amount of property, the total being: about $6,600,000, making a total insurance just provided of $20,000,000, The Insurance covers all property which is destructible by fire and includes rolling stock, merchandise in transit, warehouses, depot buildings, shops, roundhouses, etc. Insurance on rallroad property fs consid- ered a'good risk, consequently the amount | paid in premiums was comparatively low. The Northern Pacific’s Insurance fund at the close of the | fiscal year, June 30, 1901, was $578,326, an Increase over the preceding year of $52,391. Two Interesta May A\, NEW YORK, Oct. 20.~The Evening Post says: “It developed today that conferences over the Northern Pacific situation have now reached slightly more favorable con- ditions for ultimate agreement of the two interests owning the company's stock. What this plan now taken up may be, those con- cerned were not today ready to indicate, and, of course, it may be superseded, as have so many other ideas. For the present the active negotiations are being conducted by Mr. Hill and Mr. Harriman, and it is probable that until they agree on some basis of action®which each is willing to accept, Mr. Morgan will not be brought formally into the conferences. Mr. Morgan holds the proxies for the com- bined holdings of the Northern Pacific shares and can put Immediately into mo- tion any plan to be worked out by the Great Northern and Northern Pacifie offictals and accepted by the interests over them. NEW MANAGER FOR RI0 GRANDE DENVER, Colo, Oct, 20.—President Jef- fery of the Denver & Rie Grande rallway today announced the appointment of J. H. Herbest as general manager of the entire Rio Grande system, to succeed J. H. Met- calfe, who will retire November 1. Mr. Herbert resigned the position of general manager of the Southern Pacific rallway on the retirement of President Hays. He was at one time superintendent of the Gould line. Russell Harding, third vice president and general manager of the Missouri Pa- cific, has been made vice president of the Denver & Rio Grande as well as of the Rio a e Western and It is rumored that the president’s office may be removed to St. Louls. It is understood 'hat within a few days other important changes will be made on the Rio Grand ROADS LESSONS IN BIIL)II Practical Demonstradony.! Construction Are Givem Throw, ut the Soath. WASHINGTON, Oct. 29.—A special good roads train similar to the train recently run over the southern lines of the Illinois Cen- tral road was sent out by the Southern raliroad with the object of giving practical lessons in roadbullding in the southern states through which the road passes. The officials of the National Good Roads a clation, including President Moore and Se retary ‘Richardson, are in charge of the train and will conduct good road conven- tions in the principal cities and towns visited. MOBERLY IS SAFE Nesgro Evades Fury of Avenxing Party and 1s Conveyed to County Seat at Marphysbo, IN JAIL CARBONDALE, 1ll, Oct. 29.—Thomas Moberly, the negro whom & mob tried to lynch in this city last night, was taken from his hiding place about 2 o'clock this morning and conveyed in & carri 1o Boskydell, a small station six miles south of this city, where the fast mail train on the Illinols Central was flagged and the prisoner safely conveyed to the county jail at Murphysboro. The mob patroled the streets until late at night, but its members could not learn the whereabouts of the ne- gro. It is not probable that any demon- stration will be made at Murphysboro. BIG SALE OF TIMBER LANDS Jowa Parties Dispose of 81,000 Acres in Arkansas to Wisconsin Men for $1,135,000 LITTLE ROCK, Ark., Oct. 20.—One of the largest land s ever recorded in the south has been made by Tom F. Doyle, representing the Hayward Timber com- ny of Davenport, Ia. The deal involved 81,000 acres of timber lands situated in Grant, Hot Springs and Dallas countjes, this s the purchasers being the Gllkey & Son company of Merrill, Wis;, Stewart Alexander Timber company of Warsaw, Wis., and the Merrill Lumber company of Merrill. The price pald was $1,125,000. SHOUP LEAVES COMMITTEE Idaho Member of Repub) tional Organisation Renig: fective in December, SALT LAKE CITY, Oct. Oct. 3.—A spe- clal from Boise, Id ys that ex-Senator Shoup has resigned as a member of the re- publican npational. eommittee from Idaho, the resignation to take effect between De- cember 24 and December 31. The reason for the senator's resignation is not known. Chairman Gooding of the republican state committee has called a meeting of the dele- gates to the last national convention to take action in regard to Senator Shoup's successor. FOITOK TAKES A HOLIDAY Missour Celeb His Fiftieth Wedding Anniversary by Clos- ing Shop Doors ST. JOSEPH, Mo, Oct. 20.—Anton J, Foi- tok, promineat in banking circles of this city for thirty years, today celebrated the fiftieth anniversary of his wedding. He was once a prosperous Moravian manu- facturer and fatled, coming to this country penniless. He never took a vacation until today, Mr. Foitlk is 70 years old and his wife 68, Briefs on Betalf of the State Are Filed in Swpreme Court. LIABILITY OF PAXTON, SWOBE AND TAYLOR Now Presents jon of Law Never Before in This Action Cited to At- tention of Tribunal, a Novel (From a Staff Correspondent.) LINCOLN, Oct. 20.—(Special.)—Briefs on behalt of the state in the case against the bondsmen of former Treasurer Bartley were filed in the supreme court today. The action comes before tho su- preme court on error from the district court of Douglas county, where it was last tried before Judge Irving F. Baxter. By the decisign of that court, given on June 25, 1901, Bondsmen W. A. Paxton, Thomas Swobe anc Cadet Taylor were released from lMability on the bond. Judgments were re- covered against E. E. Brown, C. C. Mc- Nish and John H. Ames for $645,947.16. The litigation now presents a novel prop- osition of law regarding the liability of Paxton, Swobe and Taylor which has never before in this action been cited to the at- tention of the supreme court, It is con- tended by the attorneys for the defendants that on January 3, 1895, Bartley filed his official bond. They insist the evidence shows it was approved the same day und that Bartley immediately began the dis- charge of his dutles. Later, on January 9, the names of Paxton, Swobe and Taylér were added to the instrument and the bond was again approved. These facts, they say, will not be disputed by the state's at- torneys. Taking up the legal side of the question it is asserted that the ling is the dominant act incident to making a bond effective, and that the act of approving it is only subsidiary. ~ Further the law Is cited that there, must be a consideration before a contract is binding. This consid- eration may be something pald or some- thing suffered. From these various prop- ositions it {s argued that the names of Paxton, Swobe and Taylor, having been added after the bond was approved in s original form, cannot be held as binding be- cause the contract had already been formed and completed. It 1s a neat little point of law and was treated by Judge Baxter, in his Instructions to the jury, as follows: If you find that the bond sued on was filed ‘in the office of the secretary of st January 3, 1895, and that thereunder o that day 'Bartley entered upon the dis- charge of his duties as state treasurer, the addition afterwards of the signatures of Paxton, 8wobe and Taylor was without consideration, and said Paxton, Swobe and Taylor did not become llable, although the governor subsequently approved said bond. Claim of Prejudicial Eggor. In the brief fleld by the state it is al- leged that the bond in sult is a valld instru- ment under the law and facts in evidence and that the jury should have been so in- structed. It is further insisted that the instruction by *he court was prejudicially erroneous. In support of this latter con- tention the following argument is wented: P ‘The theory tendered in its support' was that the bond ln (“Jeltlnn ‘was dellvered to and accepted by t Paxton, Bwobe and Tay d livery and acceptance, thelr —signatures were without consideration. The sole evi: dence to sustain this theory was the en- dorsement on the bond. which was as fo “State of Nebraska, Secretary's .., Recelved and ‘fled for record this 3d day of Junuars, A D. 1885, and re- corded January 9, A. . 18%, in_record book C, at page 48. J. A. Plper Secretary of State: J. E. Evans, Deputy.” But this was not ail the evidence on the question of de- livery and acceptance. Conceding that the bond was handed by Bartley to the secre- tary of state for the purpose of making the above endorsement, and was by the secre- tary of state endorsed, “recelyed and filed January 3, still it was not such a delivery or acceptance as the law contemplates to complete the bond contract, for the reason that_the bond was not left with the sec- retary of state January 3, but was imme- diately withdrawn. The 'most favorable construction that can reasonably be put on this act is that it was a partial or tentative delivery; that 18 to say: The bond was de- livered on that day to the secretary of state for the sole purpose of having him endorse 1t, “recelved and flled January 3, and not for the purpose of having him re- {ain it tn Lis ofice, nor for the purpose of having It cccepted by the state. That must have been Bartley's purpose, eise he would not have withdrawn it, and it must have been the purpose of the secretary of state, else he would not have surrendered it. surrendered control and dominion over it, and therefore there was no legal and finai dellvery. The evidence is undisputed (hn! Mlfir [anuary 3 Bartley had the bond in go-n-l-lnn‘ carried it to Omaha, and on fihe Y ded Tholr names. hereto, with the knowledge and consent of the original nuretics, as e denced by thelr written walver. Subse- quently he returned it to the governor for approval It was approved and then dellve ered to the secretary of state and by him Fecorded January 9, 18%. Thix was the act that completed the delivery which gave the bond vitality. Then for the first time had al} things been done necessary to be done to' make the bond binding on all the sure- because this was the first time the bond was under the control and in the cus- tody of Bartley, but after this time it could not be recalled or revoked by its maker. MINERS HAIL THEIR CHIEF Mitchell Day s Observed by Parade in Which Fifteen Thousand Operatives Take Part. WILKESBARRE, Oct. 20.—Mitchell day was observed here by the United Mine Workers by a parade, In which 15,000 min ers marched and which was headed by John Mitchell, the president of the union. It was the greatest outpouring of miners ever seen’ here. After the parade there was a mass meet- ing, at which President Mitchell was the principal speaker. He sald he was op- posed to compulsory arbitration, but was in favor of voluntary arbitration in the settlement of disputes between employer and employe. He urged the miners to pe- tition congress to re-enact the Chinese ex. clusion act, as otherwise, he sald, the whole country will be overfun with Mongollans and many of them will find their way to the mines, there to compete with white la- bor. NO USE FOR STEPCHILDREN St. Louis Employe Wipes Out Hin Wife's Family and Finally Takes Own Life. ST. LOUIS. Mo., Oect. der, an employe of the Home Comfort Range company, today shot his stepdaugh- ter, Katle Kirst, aged 7, through the heart, killing her instantly, and then fired two balls at his stepson, Henry Kirst, aged 11, both of which missed him. Schroeder then swallowed a dose of carbolic acid and fired a bullet into bis own brain, dying in a few moments. It {8 said that Schroeder hated bis stepchildren, 20.—Henry Schroe- CONDITION o# THE WEATHER Forecast for Nebraska: Fair in Eastorn. Showers and Cooler in Western Portion Unsettled Weather Thurs- ly Showers and Cooler; South- westerly Winds, Temperature at Omaha Yesterday: MOST IS WITHIN THE LAW New York Justice Grants Stay of Sen- tence to Anarchist Owing to Ce n Scruples. NEW YORK, Oct. 20.—Justice McLean In the supreme court' today granted a cer- tificate of reasonable doubt In the case of Johann Most, editor of the Freiheit, an anarchist paper, in order to stay his sen- tence of twelve months' lmprisonment for the publication of an article entitled “Mur- der vs. Murder,” which appeared on the day of Preeident McKinley's sination. Justice McLean says the only proof to support the judgment is that Most pur- loined an article expressing certain senti- ments, written by another half a century ago, and published it as his own, “in a paper professedly of some circulation, but which eireulation ls shown by the sale of but a single copy, that purchased by the police, probably for the purpose of prosecu- tion.” The judge says that the contention that the publication has openly outraged pub- e decency rests sofely on the language of the article itself, and that the indecency repressed by the law relates rather to ac- tion and words which nature and propriety require to be concealed and suppressed and to public displays of evil books or prints. “The indecorum of this pilfered screed,” says Judge Mclean, “is of another sort. It prates of humanity, immorality and mor- ality, reason and conscience, but carries no suggestion of the obscene.' The uttezances, Judge McLean sa not come within the meaning of the s tion of the code under which Most wa prosecuted. . DEFINES RIGHTS OF NEGROES r Aycock Points Out Social Darrier Which, He Says, South Will Never Disregard. do RALEIGH, N. C, Oct. 29.—Governor Aycock tonight opened the megro state fair in an address in which he urged the negroes to bulld up soclety among themselves, founded on culture, intelligence and virtue. In the course of the address he referred to President Roose: T. Wasbington and eaid to the negroes that their best friends lived in the south. He told them they did not need recognition by the president, as it would avail nothing in the south. He sald: "“The law which separates you from the white people in the state socially has been and always will be fmexorable and jt need not cONCArn-YOU or me whetier the law iy violated elsewhere, it will never be violated in the south. Its violation would be to your destruction as well as to the injury of the whil He pledged the best efforts of the whites to aid the negroes, but told them that soclal equality was an idle dream. In reply Dr. C. H. King, a prominent negro minister of the Methodist church, sald that the negroes did not want social equality, that he and his people did not want to sit down at the dinner table of the whites and that they were not in sympathy with any such ide STILL HAS CHANCE TO LIVE Shaffer of Montana, Twice Sentenced to Be Ha for Murder, Gets New Trial. HELENA, Mont.,, Oct. 20.—Joseph Shaf- fer, twice tried and twi convicted of murder in the first degree and twice sen- tenced to be hanged, has been granted a new trial by the supreme court. Four years ago Shaffer killed a man named Hawkins in Butte, At the fi trial the jury found him guilty and he was sen- tenced to pay the extreme penalty. He was ranted a new trial on a technicality. The second trial resulted in a verdict of murdet in the first degree and he was again sen- tenced to death. The case was appealed to the supreme court and an opinion just handed down favors the condemmed man because an error was made by the lower court in instructing the jury. MISS GOULD CHAPERONS FAIR Appointment Accepted to Act as 8T. LOUIS, Oct. 20.—Telegraphic advices ‘an Buren, Ark., today say that Na- tional World's Falr Confmissioner P. D. Scott had received a telegram from Miss Helen Gould, in which she &ccepts the ap- pointment of woman manag of the Loulsiana Purchase exposition. Miss Gould was named by Commissioner Scott at the recent meeting of the federal commission in this city. SCHOOLMASTER | PAINTED RED Willow Wielder W3 with A win is Roughly Handled by Mob, PLYMOUTH, Wis., Oct. 20.—Herman Dor- mier, a school teacher, was handled roughly by a mob this evening and given & coat of red paint, the result of his ex- pressed sympathy for President McKinley's assassin, The ecitizens are still greatly excited over the affar. Movemenfs of Ocean Vessels Oct. %0, At New York—Arrived—Friesland, from Antwerp; Cufic, from Liverpool. Salled— Kron Pring Wilhelm, via Plymouth, for ‘herbourg AT Coronet—Arrived—Nicaria, from Ham burg and London, for Ban Francisco; Gl morgunshire, from Portland, Ore,, for 8 Vincent At 8y N. 8. Sun Fran W.—Arrived—8irra, from . 'via Honolulu and Auckland. At ow—Arrived—Sarmatian, from ]\Inmr(ul i Liverpool; Astoria, from New At Liverpool—- Portland. At Bremen—Arrived—Kaiser Wilhelm der Grosse, from New York, via Plymouth and Cherbourg At Cherbourg—Arrived—Graf Waldersee, New York, for Hamburg. Bur Mer—Arrived -8taten- -Arrived—Dominion, from dam, from w York, for Rotterdam and proceeding, arrlving at Rotterdam at 10 "AU Yokohama--Hailed—Idsuma Maru, Kobe Victorla; Victorla, from Hon, and Tacoma, for Boulogne; Phoenicla, Hambrg, for New York. from Kon, fros PAYS DEATHPENALTY Amastin of President MoKinley Exeonted at Early Hour Taesday Moerning, EXPRESSES NO SORROW OVER WIS CRIME Ko Killed McKinley Poeauss Ho Was aa Exemy of Working Poople. REGRETS NOT- HAVING SEEN HIS FATHER ot the Blightest Hitch or Unseemly Incie dent During the Exeouti DEADLY CURRENT DOES WORK QUICKLY Only Four Minutes Elapse from Time r Leaves His Cell Until Pronounce AUBURN, N. Y., Oct. 20.—At o'clock Legn Cselgosz, murderer ot Presi- dont Wijllam McKinley, pald the extrem penalty exacted by the law for his erime. He was shocked to death by 1,700 volts of eleotricity, 'He went to the chair In ex- Actly the ssme manner have the ma- Jority of murderers in this state, showing no particular signs of fear, but in fact doing ‘what few of them have done—talking to the ‘witn while he was being strapped ia the chatr. “I kllled the president because he was an enemy of the good people—of the good people. 1 am not sorry for my 1:12% Thess were his words as the guards hur- ried him iato the chair. A moment later, mumbling through the halt-adjusted face straps, he sald: am awfully sorry I could not see my father.” Crolgosz retired last night at 10 o'clock and slept so soundly that when Warden Mead weut to the cell, shortly before 5 o'clock this merning, the guard inside had to shake Czol awaken him. He sat up on the edge of his cot and made no reply to the warden's greeting of “Good morning." Death Warrant Re The prison official took from his pocket the death warrant and read it slowly and distinctly to the sin, who hardly ralsed his eyes during the perfunctory cere- mony. Just as the 'llfllfl stepped away from The warden nlpondca: presently. Then the condemned man rolled over on his cot, apparently anxious to sleep again. At'5: however, the guard hrought to him o pair of'dark trousers with the leit leg alit, %0 as-to allow the free application ol ::'vu told to get up put these on. which he, did. Contrary to the usual cus« tom, he. was given a mew pair of sbo When dressed he lay down on his cot again, and in this sttitude Superintendent Collins found him at 6:30, when he went down to visit him. The superintendent stood In front of the steal bars and when the guard had called Csolgosz's attention, be raid: I want to a statement before you kill me. “What do you wish to say, Czolgos: asked the superintendent. Craves Larger Audience. “He will be down *“l want to make it when there are & lot of people present. I want them to hear " sa{d the pyisoner. \ ‘'Well, you canpnot,’” tendent. “Then I won't talk at all,” oner, llenly. After the superintendent had left the xuards brought Czolgosz's breakfast, con- ng of coffed, toust, eggs and bacon, and he with quite a good deal of relish. While he was partaking of this the wit« nesses were gathering in the office of War- den Mead and at 7:08 the processien passed to the death chamber, going through the loag south cerridor. In the chamber Electriclan Dayis and former Tarden ‘Thayer of Dannemora had arranged the chair test, placing a bank of twenty-two in« candeacent lights across the arms and connecting the electrode wires at either end. ‘The witnesses were ordered 1 and then Warden Mead briefly addressed them, raying: ‘““You are here to witness the legal death of Leon F. Czolgosz. | desire that you keep your seats and preserve absolute silenca In tbe death Chamber, no matter what may transpire, There are plenty of guards and prison officials to preserve order attend to the proper detall The prison physiclan, Dr. Gerin, and Dry Carlos MacDonald of New York took posi« tions te ‘the left of the chair, Warden Mend #tood directly in front and Electricidn Davis retired to the little place containing the electrical switchboard. Thayer gave the signal and the current was turned through the electric lights, flooding the chame ber with biilliant light and dramatically showing the power that was used. to Kil) the prisoner. sald the superin< aid the pris«~ Brings Tn Prisoner. Warden Mead gave the signal to have the privoner brought in and at 7:11 o'clocd Chief Keeper Tupper swung open thé big steel door leading to the condemued call. and as the steel bars behind which Czore Kosz had been kept were swung aside twa guards marched the prisoner out Into the corridor, two dthers following and the chief keeper. walking In front. The guards on either side of Czolgosz had hold of his arts as if either to supporg bim or (o keep him from making a demone stration.” As he stepped over the threshold he stumbled, but they held him up and they urged him forward toward the chan be stumibled again on the little rubbe covered platform upon which the chaly rests. His head was erect and with hig gray flannel shirt turned back at the neck he looked quite boyish. He was intensely pale and as he tried to throw his head back and carry himself erect his chig quiveréd very perceptibly. sAs he was bee ing seated he looked about at the assembled witnesses with quite a eteady stare and 8l “I killed the president because he was an enemy of the good people—of the works Ing people.” Hix volce trembled slightly at first, buf gafned strength with each word. And he spoke perfect English, “I am not sorry for my crim loudly,, just as the guard pushed his head back on the rubber head rest and drew the strap across his forebead and obin, A4