Omaha Daily Bee Newspaper, March 11, 1902, Page 1

A THE OMAHA DAILY BEE. [ —== ESTABLISHED JUNE 19, 1871. OMAHA, TUESDAY MORNING, MARCH 11, 1902—TEN PAGES. - __——— SINGLE CoPrPY FIVE CENTS. 'MERGER BILL FILED otion Against lm.hm Becurities Com- pény Instituted by Government. IRDUGHT IN ST. PAUL FEDERAL COURT hundlnp Direoted by Attorney General b of the United States. ' LBAI. TEST OF PROPOS[D CONSOLIDATION ’\bfl Northern md Northern Pacific Named e ( 28 Defendants. SHERMAN ANTI-TRUST ACT e sring of Competing straih ot Trade or Commerce, §T. PAUL, Minn., March 10.—By direction ¢ the attorney general of the United States bill was filed at St. Paul today in the cir- {oult court of the United States for the ‘distriot of Minnesota o the case of the United States, complainant, against the Northern Securities company, fhe Great Northern Rallway company and others, de- Pendants, to test the legality of the alleged wombination or merger of the two roads mnd others named in the bill. The action is ‘®rought under the act of July 2, 1890, known ms the Shermfan anti-trust act. After reciting the fact that the Northern Becurities company is a corporation organ- ized under the laws of the state of New Jersey, that the Great Northern rallroad was organized under the laws of the state of Minnesota and the Northern Pacific rail- road under the laws of Wisconsin and that the two last named companies are common carriers doing an interstate business and that these companies at and prior to the Going of the acts complained of owned and perated two separate, independent, parallel &nd competing lines of rallway aggregating over 5,500 mliles In length, the petition goes ©n to say that they ‘‘were the only trans- continental lines of ' railway exunam. across the northern tier of states west the Great lakes, from the Great lake -na the Mississippl river to the Pacific ocean and were then engaged in active competi- tion with one another for frelght and pas- wenger trafic among the several states of the United States and between such states and foreign countries, each system connect- ing at its eastern terminals not only with lines of rallway, but with lake and river steamers to other states and to forelgn countries and at its western terminals with sea golng vessels to other states, territories and possessions of the United States and to foreign countries. Goen Back to Receivership. “That prior to the year 1893 the Northern Paclfic system was owned and rated by the Northern Pacific Railread pany, & corporation organized under certaln acts of congress; that during that year the com- pany became insolvent and was placed in the hands of a receiver. ,While in this condition, awaiting foreclosure and sale, an lnl.nmt‘:u entered m:“ between a . majarity of the bondholders of the Northern Paclfic' Rallway company and the Great Northern Rallway company for a virtual consolidation of the two and placing the tontrol of the Northern Pacific system in the hands of the Great Northern. This Wrrangement contemplated the sale under Zoreclosure of the Northern Pacific company to a committee of bondholders who should ‘organize a new corporation to be known as the Northern Pacific Rallway company. One- half of the capital stock of the new com- pany was turned over to the Great Northern company, which in turn was to guarantee the bonds of the Northern Pacific Rallway Sompany. Defeated by Supreme Court. “‘The carrying out of this arrangement,” ®says the petition, “was defeated by the Aecislon of the United States supreme court in the case of Pearsall against the Great Northern Rallway company was decided March 80, 1896, in which it was held that the practical effect would be the consoli- dation of two parallel and competing lines of rallway and the giving to the defend- ant, the Great Northern Railway company, ® monopoly of all traffic in the northern Balf of the state of Minnesota as well of all transcontinental trafic north of the line of the Union Pacific to the detriment of the » and in violation of the laws of the state Minnesota. “Harly in the year 1501 the defendants, the Great Northern and Northern Pacific Rallway companies, in contemplation of the ultimate placing of the Great Northern and Northern Pacific systems under a common ®ource of control, united in the purchase of the total capital stock of the Chicago, Burliogton & Quincy Raflway company of lllinols, giving the joint bonds of the Great Northern and Northern Pacific Rallway companies. Securing Control of Burlington. “In this manner the Great Northern and Northern Pacific Rallway companies se- cured control of the yast system of lines known as the Burlington system, about 8,000 miles In length. The attempt to turn over a controlling interest of the Northern Pacific Rallway company to the Great Northern having thus in the year 1896 been defeated by a decision of the supreme court the defendants, James J. Hill and his a ®oclate stockholders, of the Great Nort ern, owning or controlling a majority of its stocks and the defendants, J, Plerpont Morgan and his assoclates, owning or con- trolling & majority of the stock of the Northern Pacific company * * * entered fnto an unlawful combination or conspiracy to effect & virtual consolidation of the Northern Pacific and Great Northern sy tems and to place restraint upon all com- petitve interstate and forelgn trade or com- merce carried on by them and to monopolize or attempt to monopolize the same, and to suppress the competition oxisting be- tween sald rallway systems in said inter- #tate and foreign trade, or commerce, through the instrumentality and by the means following, to-wit: A holding cor- poration, to be called the Northern Se- curities company, was to be formed under the laws of New Jersey, with a capital stock of §400,000,000, to which, in exchange for its own capital stock upon a certain basis and at a certaln rate, was to be turned over and transferred the capital #tock or & controlling Interest in the oapital stock of each of the defendant rail- companies. * * * In this manner individual stockholders of the two in- WANT MINISTER WU'S REMOVAL | J0LDS MESERVE AS TRUSTEE | RECALLS SENSATIONAL STORY | {[CH WIND STRIKES OMAFHA |CONDITION OF THE WEATHE Manchurians e Throne to Recall Repre: tive to America. Memort Chinese PEKIN, March 10.—A prominent Manchu ensor has memorialized the throne for the removal of Wu Ting Fang, the Chinese minister to Washington. The censor says that Wu Ting Fang corruptly retalned os- tensibly for repairs to the Chinese legation at Washington $800,000 of the Tien Tsin silver refunded by the Amerfcan govern- ment, WASHINGTON, March 10.—Mr. Wu sald tonight that he promptly informed his government as soon as the United States turned over to him the Tien Tsin silver fund, and the money was placed at ita dis- position. An acknowledgment was received by telegraph. Not one cent of the tund could be misappropriated, he sald, and it any portion of it were to be used for any pur- pose, this only could be done by the sanc- tion of the Chinese government. The min- ister has not heard officially of the pres- entation of the memorial for his removal, but he treats the matter lightly. According to a dispatch from Washing- ton, dated January 23, Secretary Hay that day handed to Minister Wu Ting Fang a draft on the United Statés treasury for $376,600, the value of the silver bullion cap- tured by American marines at Tien Tsin. The Washington dispatch continued that s Minister Wu was charged with the pay- ment of salaries of the Chinese consuls in the United States and with defraying the expenses of the Chinese legations in Wash- ington, Lima and Madrid, it was believed the money would be applied to those pur- poses. OBJECT TO CARTEL SYSTEM Sugar Dealers Urge Secretary to In- crease Countervailing Duty on German Exports, WASHINGTON, March 10.—8ince the an- nouncement t! the Brussels conference, at which was represented all of the beet sugar producing countries of Burope, had de- cided to do away with all government boun- tles on sugar intended for export, the sugar interests of this country have brought prominently to public notlce the cartel system in vogue in Germany, by which it 1s claimed a bounty in addition to that di- rectly paid by the government is given to the sugar export. By this system sugar is sold to the ex- porter at a less figure than it is furnished for domestic consumption, the purpose be- ing to keep the domestic price steady and one ylelding a fair profit by selling the surplus at a lower rate, which it {s com- pelled to do In order to compete with the sugars of other countries in the marke of the world. The Brussels conference recently decided that the effect of the cartel system was a bounty on export sugars. Several gentle- men interested in this question had a con- ference with Secretary Shaw at the Treas- partment today and urged him to in- the present countervalling duty on German sugars by the bounty realized un- der the cartel system. The question of the propriety of this action has received some attention of late in ad: government . the cartel system may &nd result in a bounty to the exporter, it is not &' bounty pald by the German govern- ment, and hence does not come within the provision of section five of the tariff act, authorizing the levylng of countervalling dutles on articles on which an export bounty has been pald. The wording of the law, it is sald, is such as not to warrant this government in taking any action in the premises. MERCER ON THE COMMITTEE ‘Will Help Devise Plan of Cuban Recl- procity to Be Adopted by Republie WASHINGTON, March 10.—A conference of the leaders in the opposition, which is being waged against the waye and means committee plan of Cuban reciprocity, was held tonight in the rooms of the house com- mittee on naval affairs for the purpose of outlining a plan of action for the general caucus of republican members tomorrow night. About forty members, representing most of the northern states, were present. The canvasses which have been made were gone over carefully and clalms were made that the opposition forces commanded & ma- fority of the republican strength, despite the very positive claims made by the ways and means members early in the day. A vote was taken on the question of bringing the matter to a decisive issue tomorrow night and it was decided to have a steering committee confer with the elements sup- porting the reciprocity in order to secure an agreement for a final disposition of the subject at tomorrow night's meeting. This steering committes consists of Messrs. Dick of Ohlo, Tawney of Minne- sota, Mercer of Nebraska, Crumpacker of Indiana, and Littlefield of Malne, It is ex- pected that Mr. Littlefield will present the case from the standpolint of the opposition at the conference tomorrow night. POSTMASTERS FOR NEBRASKA Comstock at Central City, Prentice at Fairfield and Jackson at Fairmont. WASHINGTON, March 10.—The president today sent the following nominations to the enat Postmasters: lowa—Edward H. Allison, Grundy Center. Nebraska—Luclus G. Comstock, Central City; Geerge H. Prentice, Fairfield; George ‘W. Jackson, Fairmont. Wyoming—William F. Brittain, Sheridan. Treasury—Walter A. Wiley, Ohlo, second leutenant in the revenue cutler service. Army: Artillery—S8econd lieutenants, Earl Bls- coe, District of Columbia; second lieu- tenant, C. F. Kilbourne, jr., Fourteenth in- fantry; second lleutenant, P, A. Barry, Fourth lufantry; second lleutenant, A.. U. Falkner, Third infantry; Willlam Patter- som, New Jersey, : GOVERNMENT TROOPS ADVANCE Abandoned by Reve- ‘Whe Are in Des- State department, under date of March 3, that during the preceding week the govern- ment troops bad steadily advacced and oe- cupled important positions near m which had been vacated by the revol ary forces who are ua-m-u ll & desperate situation and uuuu an op- portunity ta escape, | last hour of' the atternoon and’ Attorney General Argues that Treasurer Must Account for Interest. ACCRETIONS TO FUND BELONG TO STATE Argument on Defendant's Motion o Quash Indictment Drawing to a Close and Ruling is Ex- pected Tod The few remarks that Attorney General F. N. Prout was physically able to make to Judge Baxter yesterday afternoon in the course of the arguments on the questions of law raised by the attorneys for the de- fendant in the trial of John B. Meserve, former state treasurer and an alleged em- bezzler, were matter-of-fact and pointed. The county attorney and his deputy had, in their seven hours of argument threshed out the chaff in the numerous cases cited by Meserve's attorneys and the state pros- ecutor contented himselt with reducing to a simple business proposition the contention of the other side that the state had no proprietary right to interest which Meserve received on permanent school funds placed where he bad no authority to place them. Interpreting from the <onstitution, t attorney general sald that the very pur- pose of the permanent school fund is in- vestment for the benefit of the schools and that its proportions are mever to be dimin- ished, but that the loan or investment is not to be in the way of a bank deposit. The purpose intended is that the fund should be kept continually Invested in cer- taln securities, the accretions to apply to paying current school expenses and When Meserve loaned the money elsewhere, even If he had no authority te so place it, every dollar of the Interest belonging to the state. Faithful Steward's Duty. “I care not,” he sald, ‘‘whether Meserve had the right to loan the money—baving loaned it and having received money for it, it was his duty as a falthful steward of the state to account for every dollar of accretion. When Meserve took office he be- came the trustee of the school fund—as much a trustee as any trustee ever re ularly appointed for any estate or interes And being the trustee of this special trust, he 1s obliged to account for every dollar of accretion, whether it come as interest pald by a bank for use of it or in some other way. The state impressed a trust and, having done so, it had a perfect right to follow that trust, no matter how invesi And If the treasurer converts to his own use 80 much as one dollar, that moment he commits crime and should answer at the ber.’\ The attorney general spoke only a few minutes, but was forced to excuse himself 1o the court immediately afterward and re- tire to the judge's private office. In addi- tion to a general debllity which has a noyed him for five weeks, his throat is troubling him and he coughed violently for several minutes. He told friends yester- day that it 1s his Intention to go to either Hot Springs or Bxcelsior Springs as soon as supreme court adjourns. Defense Takes Aumother Turn. For the defemse Attorney Ed P. Smith commenced to answer as soon as the at- torney general finished. He. h‘lt ) In a short time this merning, when an immediate ruling from the judge is ex- pected. The jury and the witnesses are to return at 9:30 and some may be called by 10:30 or 11 o'clock. Even should the de- fendant’s motion to quash the indictment be sustained, the first witness, John C. French, will have to be recalled to com- plete the record. When C. J. Smyth first raised his law point for the defendant, after having re- peatedly implied that the trial would not be hindered in any way, as his client was burning for “vindication,” he asked that it be taken up, argued and disposed of at once to save the county much time and expense. But this feature of chronological economy is not fully apparent to those who have watched the proceedings for Smyth himself talked from 4 o'clock Thursday afterncon until noon of the next day, with the cus- tomary recess for sleep and breakfast, and those who answered him in order to dls- pose of all his citations have felt called upon to talk through the rest of Friday and all of Monday—and the end is mot yet. Meanwhile the court costs and the jurors’ fees go on just the same. The attorneys for the state are sald to anticipate that the ‘end of their trouble in this trial will not come with the of this predent contention. timation that some of the witnesses are being advised as to the successful way of evading giving testimony by taking refuge in the statute of crimination. FIVE BODIES FOR ONE GRAVE Chuld Burned to Death Will Be Interred Together in Same Com BINGHAMTON, N, Y., March 10. one large grave, children all dead.” So reads a telegram recelved today by his sister in this city from Thomas Scanlon, whose five children were burned to death at Shinhopple, Delaware county, last night. They were: Mary, aged 13; Thomas, aged 18; Nellle, aged 8; Deunle, aged 4, and Michael, aged 2. The bodies will be brought here in one large coffia for burial tomorrow. No de- tails of the accident can be secured to- night. Shinhopple is & small settlement near Hancock, comprised of only a few houses, and the Finch-Ross Chemical com- pany’'s works, where Scanlon was employed. n‘ family removed there from this city months ago. It is presumed the home burned at night while Scanlon was away and that all the occupants except Mrs. Scanlon perished. ROBBERS HOLD UP DOCTORS Bind Their Victims and Desert Them Locked in & Strange Cellar, KANSAS CITY, March 10.—Dr. D. E. Clopper, surgeon for the Atchison, Topeka & Santa Fe raliroad, and Dr. B. J. Hock- about, & surgeon and a member of the Ar- gentine councll, were the victims of a dar- ing holdup while they were driving in the western outskirts of Kamsas City, Kan., today. They were confronted by two men with drawn revolvers and forced to leave their buggy, and, with the robbers, to enter the cellar of an unoccupled house. Hi the robbers securely bound the hands and feot of their victims and robbed them of $200 and a gold watch, after which they escaped, leaving the two doctors in the cel lar. Fifteen minutes later the doctors wei released by a passerby who heard their sbouts tor belp. The robbers did not take the horse and bussrs " Death of Peter Burroskhs, “King of Auctioneers,” Remi Om of Marie Wilson, A special to The Bee from Butte, Mont., announces the death in that city of Peter Burroughs, who for many years was known in all the principal cities of the country as the “King of Auctioneefs.” In the fall of 1898 he did a stunt in Omaha. He came here to sell out the jewelty stock of C. 8. Raymond at Fifteenth and Douglas streets, and a few days after his arrival a woman named Mrs. Wilson, sccompanled by her ndsome daughter Marie, came to the city and took quarters in the hotel at which he was staylng. Immediately Burroughs swore out a complaint and had the woman ar- rested on a charge, of blackmail. In police court ha testified that they had been following him for mearly three years, trailing him about from eity to city, and threatening him with all sorts of dire con- sequences It he didn’t “come down” gen- erously. He sald they had learned that he was about to be married and that they made use of this fact to persecute him. Marie Wilson, who was traveling under the name of Burroughs, testified that a rela- tionship of common law marriage existed between herself and the dashing auctioneer, and offered in evidence several letters tend- ing to prove her gation, These, Bur- roughs averred, were forgefies. The case resulted in the dismissal of the two women. About three months after leaving Omahn Burroughs was married, from which it was inferred that he had managed somehow to rid himBelf of his Nemesis, Many businees men and others. in Omaha remember Bur- s as a handsome man and as some- thing of a Beau Brumniel in the matter of dress. It was sald that he came by the title of “King of Auctioneers’” by reason of his personal magnetism. He could hypno- tize a potential buyer Into- parting with his cash where most others would fail. VERDICT FOR FIFTY DOLLARS Jury Assesses Damages in Figs Tar- Mrs. Sarah C. Figg was; yesterday afternoon in her against Al- lan Wood, W. W. Browniiig and Albert Donahoo, whom she aedused pf tarring her two years ago this month, Which she con- fessed induced her to wondef If there is anything else under heaven &% uncertain as a jury's finding. Three weeks ago Mrs. fi.fl three old neighbors for $2,000 becuusié fhey had her before an insanity commigsion on a warrant sworn out by one of the defendants, and the jury in Judge Fawcett's court gave her a verdict for $1,150. Mrs. Donahoo tried the same proceeding in Judge. Eatelle's court and the jury didn't give her & cent, follow- ing the instruction of the comrt. In this last case Mrs, Figg sued for the same amount as in the previous ome, but related a tale of a midnight invasion of her home and rough handiing of her per- son—and for this the jury gave her a ver- dict of $50 against Allan Wood, who in his testimony admitted baving participated a ‘verdict 1n the tarring, and found fox the other two | ®§ defendants. This last jury was dut from 3 BOSTON BANKER IN OMAHA Ismac Van Horn Tells of Work om Laramie, Hahns Peak & Pacific Raflroad. Isnac Van Horn of Boston, banker and president of the Laramie, Hahns Peak & Pacific Rallway company, and several aux- fiiary corporations, was in Omaha yester- day, accompanied by his wife. Mrs. Van Horn was the guest of Omaha friends dur- ing the day, while the president of the new Laramie road was engaged at the com- pauy's office In The Bee building. Today will be spent in Chicago and & trip to Florida 1s on the program before returning to Boston. Mr. Van Horn made the announcement here that the company is now getting out ome thousand ties a day in the Medicine Bow range, and to date thirty thousand tles are piled up at Centennial. During his trip west one million feet of lumber for con- struction purposes was contracted for. Chief Engineer Stewart of the Florence & Cripple Creek railroad has been enguged to run the line across the range to Battle, Wyoming. BUYS WRONG KIND OF STUFF Why George Jeanneret is Sulng Drug- ®ist for Fifteen Thousand Dollars, Judge Fawcett will instruct the jury this morning in the case of George Jeanmeret against M. A. Dillon, a druggist of South Omaha. The suit is for $15,000, the plain- tiff claiming damages in that smount be- cause his right arm was shattered and he was made “sick and sore” by the explo- sion of some black powder which he pur- chased at Dillon's store, thinking it wi pure black oxide of manganese, which he (the plaintiff) was habitually using in the generation of oxygen ges. The explosion occurred when the powder was confined with chlorate of potash and eubjected to heat. The defense argued that Dillon was not liable because the plaintift had bought the stuff of a young clerk who didn’t |we- tend to know. Does Damage in Spots. Pmitmlu]y on the North Bide, MISSION CHURCH AND FACTORY DAMAGED Woodwork and Windows Seattered in Cuming Street Neighborhood— Lightning and Hail Accom. A storm which administered damage in spots struck Omaha this morning at 12:30 o'clock. It came from the northeast, and was accompanied by a heavy fall of ball and rain. The hallstones were as large as birds' eggs and beat on the roofs and against windows with a roar that caused apprehension agiong suddenly awakened sleepers. The greatest force of the wind was felt in the vicinity of Twenty-third and Cuming streets, where scattered debris and broken windows attracted spectators, even at the unseemly hour. TREE PLANTING ORDINANCE Judiclary Commitiee Agrees to He- port it Favorably to City Cownell, The ordinance drawn by Major D. H. Wheeler, providing for the planting of tree: and the laying of sod along street margin in the residence districts, the improvement to be pald for by a special tax assessment against abutting property, was dicussed Monday afternoon by the judiclary commit- tee, to which it had been refer.ed by the city councll at its westing of iast Tuesday eveaing. It was unanimously agreed to report the ordinance favorably. It will be taken up this evening and placed upon its final reading and passage, An ordinance similar to this was passed ten years ago, but was killed by Mayor Bemis' veto. NEW DECLINES THE OFFICE Indiana Man Prevented from Accept- ing Cabinet Positio WASHINGTON, March 10.—H. 8. New of Indianapolis has declined the proffer of the office of the first assistant postmaster gen- eral, tendered him several days ago by President Roosevelt. Mr. New’'s business ‘will not permit him to accept, The building occupied by E. P, Ruther- ford's marble works, at 2216 Cuming street, was completely wrecked. It wa one- story frame, having & high square front. The walls were thrown in every direction and broken. The roof was lifted, but not carried away. The appearance of the wreck indicated that the square front was blown out first, followed by the general collapse of the entire building. Much damage was done to finished marble work in the bullding. Across the street from the marble works 1s Taggert's undertaking rooms, 2224 Cum- ing street, Three heavy plate glass win- dows, six by seven feet in size, were broken to pieces, two facing Cuming street, and one Twenty-third street. The bullding re- mained intact and no other damage was done. Church and Factory Wrecked. A small frame bullding used a mis- slon church at Thirty-fourth street and Larimore avenue was blown down, being caught in the front, facing south, by the tull sweep of the wind. Anderson’s match factory, on the east side of the Coliseum, was damaged. The windows were blown in and part of the roof was lifted. The wind scattered the tools and machinery about the place. Part of the roof of the Coliseum and a portion of the Collseum's high fence were wrenched away by the wind. At 2121 Cuming street, ocoupled by Chris Boyer, a porch on the north side of the one-story bullding was torn loose, carried over the roof and hurled with a crash in Cuming street. At 2209 Cuming street, unoccupled, a large window was blown in. The tin roof over the Kennedy flats, at the corner of Twenty-fourth and Cuming streets, was nearly all torn off. A zinc-lined coffin box welghing about 1650 pounds, was lifted from the rear of Dodder's undertaking rooms and carried to the middie of Cuming street. No damage ‘was done to the building. A high singnboard recently constructed and extending along the north side of Cum- stroet, between Twenty-second and Twenty-third streets was thrown down with | such force m'. 1t was reduced almost to Kiad ;tbuel"cn ! Hiden Gate Sately. Emerson Cheney, conductor on the Wal- nut Hill line of street cars, coming east in his car on Cuming street, when the storm struck the car, said: “The wind struck my car with terrific torce ahd I thought at times the car would be hurled from the track. I could hear planks and boards ripped from sidewalks and bulldings, and striking fences and the street. 1 expected every second one would strike the car, but it escaped damage. “The storm appeared to come from the northeast. The hail and rain, driven by the wind, fell with a terrifying roar. 1 could feel my car tilt up against the south rail and expected it would leave the track or be overthrown. The extreme force of the wind lasted only & few minutes. Then the rain and hail increased in volume, the fall of hail being intermittent. The hail beat against the car windows with such force that for a time it looked as if every win- dow would be crushed. There was no one on the street that I could see when the storm began.” A barn at 3327 Larimore avenue, owned by a man named Jacksom, was torn to pleces, only two uprights remaining. Two horses in the bullding disappeared during the storm. Batters Officer Baldwin. Police Officer Dan Baldwin, who was out on Cuming street near Thirtieth on his bi- cycle in the midst of the wind sald he had the liveliest chase he has experienced for & long time. “When the wind struck me,” he sald, “I dropped over the bicycle and all with a thump. 1 felt as it I had been struck by some heavy object. I couldn’t face the wind, it was so strong. 1 couldn't find sheiter, and when the hail and rain came tumbling down I thought no more of try- ing to find cover, so I managed to get on the south side of a big telegraph pole and galned some protection. There was no dam- age to property in the vicinity where I was caught. The storm came from the north- east and it certainly was & hummer for a fow minutes.” The government thermometer in Omaha ran up to 66 degrees yesterday, and evi- dences abounded that winter flannels ought to take & day off. Frequent mutterings of thunder and occasional spatters of rain finally culminated in the smart electrical lisplay of the early morning with & vigorous shower of rain and hail. Showers were prevalent in Nebrasks. The forecast for Omaha today is showers and cooler. PATROLMAN DWYER DISMISSED Found Asleep While ou Duty—Ofi Gibl Cleared of Beibery Charge. Patrolman L. F. Dwyer who about a year ago arrested Jim Callahan, charged with belng accessory to the Cudahy kidnap- ing, was dismissed from the force Monday afternoon, after a hearing before the Board of Fire and Police Commissioners. Dwyer was charged with being asleep while on duty. It was alleged that on the morning of March 2 he was found asl office of the Oxford hotel. Th showed that eral charges had been flled against him during the eighteen months he had been on the force. Sanitary Officer John H. Gibbons, who was charged by Martin Hansen, saloon- keeper, with accepting a $10 bribe, was ex- onerated. Several witnesses testified that Hansen had threatened to “get even with those fellows' for posting smallpox placards on his doors, and the board concluded that the prosecution was the result of spite. Officer Sullivan was reprimanded for belng off his beat elghteen minutes om the morning of March 4, Forecast for Nebraska—Tair in Showers and Cooler in East Followed by Clearing Tuesday; day Fair; Varlable Winds. Portion: Wednes- SAYS FIFE THREATENED TOKILL Prosecuting Attorney Declares Ac- cused Swore Murder Against Frank Richardson. SAVANNAH, Mo., March 10.—Prosecuting Attorney Booher in making the opening statement in the trial of Stewart Fife, charged with the murder of Frank Richard- son, his former associate in business, which began here today, sald the state would show that Fife had in a St. Joseph saloon where he displayed a revolver, made the threat that he would kill Richardson, and that after the tragedy he had confessed to & woman in that city that he had committed the murder. It would also be shown, he as- serted that Fife was seen standing in the middle of the street on the night of the murder looking in the direction of the Richardson home. The jury is composed of ten farmers, & merchant and a teacher. Dr. David Bryant, the first witness called by the state, told of the scenes at the Richardson house on the night of the tragedy, practically as he had related them at the trial of Mrs. Rich- ardson. Frank Richardson, the 13-year-old son of the murdered man, was called. He told of going to the church entertainment on the evening his father was shot. He and his brothers had gone expecting his mother to come later. She did not come and the boy went to the store and met his father. His father had asked him to go home ane see it she was there. The boy demurred and Richardson went himself. A few minutes later he was shot, as he was entering the house. Willlam J. Mack, a bartender, saw Fife the morning after the murder, and defend- ant told him that Richardson had not spoken to him for several weeks until the day be- fore he was killed. Fife had sald he was glad he had made up with Richardson before he died. FORCES MAY FUSE IN KANSAS Democrats and Populists Evolve Plan for Union in Next Cam- paign. TOPEKA, Kap., March 10.—Populists and democrats in Kansas may yet fuse in the coming state campalgn. The members of the populists state committee who favor merging ‘their party with the democrats, baving fajled to have their party declare for fusion at the recent conference, have evolved & plan to hold a joint session of the ‘state committee for the two parties here on March 15, and arrange for union with the democrats. K. R. Rldgely, chair- man of the muun commlttee, 1o & call for the meetings says; It has \un\fimu-flf‘mm with the offi- cers of the democratlo and peoples’ party committees, that much t be de- rived from a joint meeting of The tive ootm: mittees, whereby the whole opposition”to the republican party In the state might be united upon one ticket and platform. J. Mack Love, chairman of the democratc committee, who has been opposed to fusion ever sinoe the enactment of the anti-fusion law by the last legislature, now favors it, and has also issued a call for the meeting. It s sald some plan will be discussed at the coming meeting for forcing a decision from the supreme court, as to the validity of the law. SUES ASPEN MINING COMPANY Shareholder Brings Action to Deter- mine Management and Certain Banking Relations. NEW YORK, March 10.—An action was commenced today in the federal court whereln Julla Francls Mackay is the plain- tff and Robert Holt and the Aspen Mining and Smelting company are defendants. The plaintiff asks that the defendants In general, and Robert 8. Holt in particular, be asked as to the management of the Aspen Mining and Smelting company and ite relations with Jerome B. Wheeler. The company’s mines are at Aspen, Colo., and Wheeler organized the corporation. It is alleged that in 1882 the J. B. Wheeler company, an Aspen banking concern which Wheeler had formed, failed, having $130,000 of the mining company's funds in its possession, which it is said, should have been deposited in New York. Then, it is sald, Wheeler organized the J. B. Wheeler Banking company with R. 8. Holt, but through this concern made money, the Aspen company directors made no effort to collect the old Indebtedness. The plaintiff is a shareholder in the min- ing and smelting company. Mr. Holt, the petition clalms, 18 & director of the same company. VAIN ATTEMPT AT SUICIDE Once Wealthy Speculator Tires of Troubles Takes Care bolie Aecid. KANSAS CITY, March 10.—J. W. Bidwell, aged 60 years, once a w lator and for years a famillar figure about the stock yards, tried to commit sufeide today at the yards, by swallowing six ounc of carbolic acid. His recovery is doubtful. While the physiclans were trylng to re- store him, Bidwell asked to be allowed to dle, saying: “If you bad as much trouble as I, you would want to die too.” Bidwell lost his money several years ago. COUNT VON BUELOW IS ILL Imperial Ohancellor at Berlin 1is Laid Up with In. fluensa. BERLIN, March 10.—The imperial chan- cellor, Count von Buelow, is suffering from influenza. At Now York—Arrived-Karlsrube, from Bremen: Staatendam, from Rotterdam; Aller, from Genoa, Alglers and Gioratiar At " Gibraltar —Afrived Lahn, from New York, for Napies noa. Balled— Hohengollern, from Genoa and Naples, for New York. ¥ Liverpool—Arrived—Georglc, from York unmu. from Hoston. e New nahlel, from Ta- Al Culeutln—fll.lhd—vmuwb for Ban Francisco. M Bouf -MO] g, o8 How York via ¢ from L "]BOERSTAKEMETHUEN Foroes Under General Delarey Oapture the British Commander. FOUR OF THE BIG GUNS ALSO ARE TAKEN Three English Officers and Thirty-Eight Men Killed in Battle, LARGE NUMBER WOUNDED AND MISSING Desperate Effort Made in Vain to Drive Back Boer Troops. DELAREY'S MEN PROVE TO BE INVINCIBLE [y News Shocks London Stirs Emo- tions in Parliament, Where Gene eral Methuen is thetically E (Copyright, 102, by Press Publishing Cp.) LONDON, March 10.—(New York World Cablegram—Special Telegram.)—The = dls- aster to the British under Lord Methuen 1s regarded in England as one of the grav- est in the whole Boer war, morally, if not materially. The news, which came ke a thunderbolt from a clear sky, h widespread consternation and alars public had been deluged by recent optl- mistic reports. Tt is rumored tonight that Lord Kitchener bas urgently called for heavy velnforce- ments. There was a feeling in the House of Commons lobby tonight that the govern- ment must call for from 80,000 to 60,000 more men, to demonstrate its determina- tion to continue the war. War Secretary Broderick's reading of Lord Kitchener's confused add unsatisfa tory dispatch in the House of Commo: caused profound depression, except for the Irish party, the members of which de- risively cheered the statements that the British force was pursued fout miles and that the British panic was caused by their mules being stampeded, the invariable reason glven for these catastrophes. Detatls of the Capture. LONDON, March 10.—It was announced today that General Lord Methuen and four guns had been captured by the Boers, com- manded by General Delarey. The news came ltke a thunderbolt to London, The extra editions of the evening papers, giving an account of the disaster were eagerly bought up, and their readers hurried through the streets with anxious faces, and bitter remarks were passed on the subject of the government's declaration that the war in South Africa was over. ‘The news came too to effect business on the stock exchange, but excited curb dealing quickly followed the closing, In which South Africans slumped heavily. The news caused excitement in the mine market. Throgmorton street was thronged with South African operators, eagerly inquiring for detalls of the British defeat and watching the effect of the an- nouncement. Shares were offered freely at first, but by 6 o'clock the excitement had abated and the curb tone hardened. :x-nu uou- ot OQQ-M Commons amid great uclwnnt. The read- ing of Lord Kitchener's telegram by the war secretary, Mr. Broderick, was listened to In deep silence, which was broken by loud Irish cheers. Instantly there were cries of “shame,” ‘‘shame,” from the gov- ernment benches. Then the Irish members seemed to think better of their outbreak and suddenly subsided. The subsequent euloglstic references to General ~Methuen were recelved with cheers. In brief, Lord Kitchener announced that when General Methuen was captured, wounded, with four guns, three British off- cers and thirty-elght men were killed and five officers and seventy-two men were wounded. In addition one officer and 200 men were reported missing. The text of Lord Kiichener's dispatch announcing the capture of General Methuen is as follows: Lord Kitchener's Message. “PRETORIA, Saturday, March 8.—] greatly regret to have to send you oad news of Mcthuen. He was moving, with 900 mounted men, under Major Paris, and 300 iufantry, four guns and & pompom, from Wynburg to Lichtenburg and was to meet Grenfell with 1,300 mounted men at Rovi- rainfontein teday. Yesterday morning he was attacked by Delarey between Tw bosch and Palmieteknill, The Boers charged on three sides. ive hundred and fifty men have come in at Marobogs and Kreepen, They were pur- sued by the Boers four miles from the scene of the action. They report that Methuen and Paris, with the guns, bag- etc.. were captured by the Boers. thuen w! last seen was a prisoner. 1 have no details of the casualties and sug- gest delaying publication until I can send definite news. I think this sudden revival of activity on the part of Delarey is to draw off the troops pressing Dewet. In a second dispatch, dated Sunday, March 9, Lord Kitchener says: Boers Ar vinelble. “Paris bas come in at Kraathan, with the remainder of the men. He reports that the column was moving in two parties. One, with the ox wagoms, left Twe-bosch at 8 p. m. The other, with mule wagons, started n hour later. Just befors \Wwo the Boers attacked. Before reinforcements could reach them the rear guard broke. In tI meantime &, large number of Boers gal- loped up on both flanks. These, at first were checked by the flank parties, but the panic and stampede of the mules had and all the mule wagons, with & terrible mixture of mounted men, rushed past the 0X wago! All efforts to check them were unavallls Major Paris collected forty men and occupled a position & mile in front of the ox wagons, which were them halted. After a gallant but useless defense the enemy rushed into the ox wagons and Methuen was wounded {n the thigh. Paris, being surrounded, surrendered at 10 a, Methuea is still in the Boer camp.” Then follows the number of the casual- ties, as already cabled. The killed include Lieutenants G. R. Venning and T, Nesham of the Royal artil- lery, who were both killed while serving thelr guns with case-shot. As Lord Kitchener announced that Major Paris bad surrendered and also telegraphed that he hud reached Kraalpan with the remainder of the men, it may be imferred that the Boers subsequently released the major and his compenions,