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HE OMAHA DAILY BEE. ESTABLISHED JUNE 19, 1871, OMAHA, TUESDAY MORNING, HEPTE.\I BER 1, 1903—TEN PAGES. SINGLE COPY THREE CENTS. CHEKIB BEY CONFERS * ‘urkish Minister nold- Long Oonferenca with the Beorstary of State. DIPLOMAT WOULD SHIFT . THE BLAME Bays that His Government is Not Respon- sible for Present Troub.a AMERICAN SHIPS HAVE ENOUGH FUEL | Bunkers Full and Thers Are Two Colliers in Turkish Waters MISSIONARY ON TRIAL FOR SEDITION entative of United States Says tee Dome to Acemsed Ma; at Harpoot. WASHINGTON, Aug. $1.—Chekid Bey, the Turkish minister, had a lohg interview: today with Becretary Hay. He refused to discuss the Interview, stating that he had nothing to communicate further than what appeared In the Associated Press dispatches Yesterday morning. After the Interview Secretary Hay visitsd the Navy department. If the Turkish min- ister requested that the European squadron be kept away from Turkish waters his re- Quest probably cannct be granted, even should this government desire to accede to it, as the Navy department states that It would be tmpossible to communicate with either Brooklyn or San Francisco until they arrive at Beyroot. Chekib Bey assured Secretary Hay that the Turkish government had done nothing wrong and will use every endeavor to pro- tect American cltizens residing in Turkey. He also discussed the conditions of the in- surrection In Turkey and sald that the Turkish government was not responsible for any of the disasters that had occurred. Secretary lay's call upon Acting Secre- tary Darling was for the purpose of ascer- taining the whereabouts of the European squadron and also what ita orders are. There 18 no intention of changing any or- ders at present, especially as the ships can- not be reached until they arrive at Beyroot. No messages of importance have been re- cetved from Ministr Lelschman today. Reports Do Not Agree. Late dispatohes from Minister Leishman give in detall the conditions in Turkey and do not differ materially in tone from those previously sent. Minister Lelshman does not, as reported In some quarters, request the withdrawal of the American ships from Turkish waters. ‘While reports by way of London state that no attempt was made upon the life of Vice Consul Magelssen official advices 8o far recelved ow that such an attempt | was made. The present status was known before the ships left Genoa and this gov- ernment did not decide to change the orders. It 1s now stated, however that should | !lrn be w 1l condition at arrive there the punrofnn‘! them to another point will be and possibly adopted. The Turkish minlster made no request upon Becretary Hay at the interview to- day regarding the movement of United Btate war vessels and nothing on this matter was promised by the State depart- ment. In one of the dispatches from Minister Yelshman he refers to the question of the trial of one of the teachers in one of the missions at Harpoot and the minister in- formed the department that he can see nothing frregular in the trial, but at the request of the missionaries he Is seeing to it that no Injustice fs done. The man was arrested charged with sedition. formal Represe: Some question has been ralsed as to whether Chekib Bey s an actual minister of Turkey, because his credentials have * pot been presented and he has not yet been officlally received as minister by the presi- dent. No point is made by the State de- partment on this account and Becretary Hay considers of Turkey to the United States. The pre- penting of the credentials is a mere for- mality, as the State department s aware that the minister has been duly accred- fted by his government and has his cre- dentials with him. It is sald at the Navy department today #that although there are two colllers now in Turkish waters, Brutus and Alexander, An tve. there Will probably be no necessity for holding them in order to supply the Euro- pean squadron with coal. All three of the ihips have their bunkers filled, ‘was sald that this supply would last them for some time; but should any emergency arise requiring the warships to coal quickly they can do 80 at a number of Mediterranean ports where the govern- ment has contracts with dealers. GENVA, Aug. cruisers Brooklyn safled from Genoa yesterday evening bound for Beyroot and not for Port Sald, | B8 previously cabled. Maching previously salled for Port Said, where it will coal PHILIPPINE WAR VETERANS May Assoclate with Veterans of Span- of Present ST. PAUL. Aug. 31.—Men who wear the Bears of battle under their khaki uniforms, and service medals on the outside, both of which were won fighting brave fights in the Phillppine lslands for the United Btates, gathered here today fromell parts of the country as delegates to the fourth annual convention of the Army of the Philippines. The businesa sessions of the convention are held in the senate chamber of the state house, held this afternoon. It was devoted mainly 1o organization of committees. General Irving Hale presided. There 1s a disposition to introduce legis- Jation favoring a federation with the Span- ish War veterans, not with the intention of losing the identity of the Army of the Phil- 1ppines, but to preserve separate identities and yot be so closely related as to be one in a national sense. The resolution committee which ap- pointed this afternoon will have before it ® resolution to establish a uniform ritual. 1t is broadly stated that General Hale can Bave the office of president again if he will wecept it. F. M. Shuette of Bt. Paul, who 18 now secretary, is talked of as one of the vice presidents. along with Colonel Metealt of Lawrence, Kan, and Captain Cosgrove of lowa Tonight the members of the assoctation were tendered a reception in the room the Commercial ¢lub. Present indications polut to Bt Louls as the next place of Bey as the lllnllufl and 1t ~The United States 8an Francisco, which | the first session being | KING EDWARD AT VIENNA Monarch Visits Venerable VIENNA, Aug. 31.—King Edward arrived here today from Marienbad and was ac- corded an enthusiastic reception. Pmperor Francis Joseph, wearing the uniform of the British dragoon guards and accom- panied by several chdukes and other no- tabl received King Edward at the sta- tion. The king wore the uniform of a colonel of Austrian Hussars. After the | presentation of the archdukes and the jothers the two sovereigns drove to the | Hoffburg in the landau drawn by six horses, immense crowds lining the street At the Hoffburg the king was received by the archduchess, Foreign Minister Golu- chowski, the Austrian and Hungarian pre- miers and the court and state dignitaries. Thereafter the king retired to his apart- ments, where he was officlally visited by the emperor. A state dinner in his honor was given at the Hoffburg tonight. The company pres- ent included the emperor, all the archdukes and archduchesses, the ministers, diplo- mats and the general staff of the army. Emperor Francls Joseph toasted King Bd- 0z In a speech, in the course of which I led the latter's visit as a fresh pledge for figmaintenance of the close confiden- tal r€€ g which have long existed be- tween th" pia families and countrles, and which wers . the firmer because there was no politié aterest or point of an- tagonism Ikely < Jast the shadow of & cloud between thent. . The king, In response, expressed his thanks for the friendly sentiments ex- pressed toward him and the cordial recep- tion he had met with, which he said had deeply totiched him. He assured the em- peror of the continuance of the feeling of friendship which he had inherited from Queen Victoria, and concluded by appoint- ing Emperor Francis Joseph a fleld mar- shal in the British army. This announce- ment created a deep impression and the emperor bowed and presented his hand. During the course of the dinner the mon- archs cenversed with each other and the guests in an animated manner. Enormous crowds assembled outside the palace, as they had done during the duy at every opportunity of seeing the king. FOREIGNERS ~ UNDER BAN Venesuela Courts Treat Them Harshly and Prestdent Causes Thelr Arrest. WILLEMSTAD, Island of Curacao, Aug. 3L-Harsh injustice is being meted out to foreigners residing In the Interior of Ven- ezuela where the local authorities are hunting down all forelgners who dare pre- sent clalms against Venezuela in accord- ance with the recent protocol. f Near Cooro a tribunal refused to accept the testimony of five Italians. The latter | insiating on tendering their - depositions, three were arrested and thrown into jail Two of them attempted to escape and were fired upon, one being killed. The Venesuelan government does not deny the ocourgence, but is doing nothing to pre- vent l"flllflm It s h‘rm‘ on good 1o M from the Ttallan m other structing them to rend in their claims, were seized In the postoffice so as ‘o pre- vent the claimé from arriving at Caracas in due time. CUMUNA, Venesuela, Aug. 3L.—A gib- bet was erected In a street of this city on which was hung an efigy representing @ foreigner and the populace beat the dummy with sticks amid shouts of “Death to the forelgners. Two leading traders, M. Palazzel, a Fremchman, and Herr Sprick, a German, were recently arrested in Cludad Bolivar by order of President Castro for refusing to pay taxes, which had already been col- lected by the revolutionists, during the latter's occupation of the city. Many other 'persons were also arrested on the same charge. The French and German ministers at Caracas protested and ob- tained the immediate release of their fel- low countrymen. General Rolando and 200 of the rebel of- ficers who were captured at Cludad Boli- var, have arrived at Maracaibo. The; were incarcerated In the fortress of San Carios with their feet in irons. KING USES AUTOMOBILE ROME, Aus. 3l.—8ome anxiety w caused here today by the report of an a cldent to the royal motor car. It was stated that the king had been thrown out. It transpired, however, that this was inac- curate and the accident was caused by three army officers running into & mile- stone. Captain Gaultiers had his arm broken, but the other two, Admiral Dade- bro and Captain Avogdno, escaped un- { hurt, The king is showing extraordinary en- {ergy at the military maneuvers, He is inspecting . and directing the movements of troops. He Is out every morning at & o'clock and travels from point to point now in the automobile, now in the saddle, with a rapidity that has greatly impressed the troops. The new Marconi apparatus for wireless telegraphlc communication is being used with excellent results. LONDON SOLD ENEMY ARMS British Firm, ADEN, Arsbia, Aug. 31.—The principal sources of supplies of rifles and ammunition to the Mad Mullah's forces in Somall- land have been traced through a complete fdentification of trademarks through agents at Harrar and Jubutil, Abyssinia, to a Lon- don firm. Since the commencement of the operations in Somaliland an aggregate of 300000000 of Lee-Metford ammunition and corresponding numbers of Lee-Metford and Gras rifies have been shipped by this London firm to Jubutfl and Harrer by way of Manchester and Marsellles. POSTPONES A PILGRIMAGE Pope Plus Anxious te Aveld Tre Between Fremeh and Romnus. ROME, Aug. %1.—A French pilgrimage was announced to arrive in Rome on & visit to the pope about September 20, on which day the Italians celebrate the anniversary of the taking of Rome and the fall of the temporal power. Wishing to avold con- flicts between the pllgrims and the Romans, mesting. Wednesday the election of officers | which might easily happen, Pope Pius has Wil be held ¥ direcied that the pligrimage be postpoaed. the first sovereign to use a motor car in | \WAR IS FREELY PREDICTED|ALLEGED wiLL o L oF o. L. FAR |OBJECT T0 THE (LUB BARS | Officials and Revolutionists Say Turkey and Bulgaria Will Burely Olash. EXISTING CONDITIONS RESPONSIBLE Sultan Sald to Favor Hostiliti Nelther Coantry is F Able to Enter Long C I Struggle. SOFIA, Aug. 31.—Both in offictal and revolutionary circlues the opinion js freely held that war between Bulgaria and Turkey is imminent, and can be averted by nothing short of a miracie. It is not expected that elther government will formally de- clare hostilities, but that the prevailing conditfons will force on a war. There is no question that large numbers of insurgents have recently crossed the frontier. An extensive outbreak in north- ern Macedonia is possible any day. The Autonomle priats a telegram from Con- stantinople declaring that the sultan, in- fluenced by the counsels of Germany, now favors a war with Bulgaria. The Turks here, however, take an optimistic view, asserting that there is no danger of ‘a way, as Turkey does not desire one and Prince Ferdinand and the present Bul- garian government are not in a position to force hostilities, The Bulgarian agent at Uskub reports that the detachments of Turkish troops sent to garrison the small towns in that vilayet have spread destruction along their route; the villagers have been robbed and beaten, the women violated and the Chris- tlan population subjected to every con- celvable outrage, while the local author- ities appear to be helpless to stop the atrocities. At the village of Dracheve, six miles from Uskub, the soldiers attackel all the peasants without the interference of the gendarmes. The Bulgarian agent specifies similar excesses in many other villages and the position of the Bulgarian residents is reported to be terrible, as the cruelties committed by the Turkish au- thorities exceeded all limits. Up to 6 o'clock this evening Prince Fer- dinand had not arrived in Sofla and the court officlals declare that they are with- out information as to his movements. Prince Causes Anxlety. The nonarrival here of Prince Ferdinand and the mystery surrounding his move- ments, although characteristic, he having always maintained similar reticence and independence regarding his movements, causes anxiety here. One report says the prince has gone through Roumania to the palace of Euxinograd, near Verna, while: according to another report he is at Phil- lippolis. In Macedontan circles it is be- lieved that he fears to return to Sofla owe ing to the receipt of threatening letters. Belgium te Send Officers, BRUSSELS, Aug. 31.—It is stated that Relglum, under pressure from Austria afd Russia, has consented to appoint four. ef- ficers for the Macedonlan gendarmerie. Rising Fixed for Last Night. LONDON, 3L—The Times corre- that - In “wiis t6 be proclaimed Iast night. Prince Ferdinand, he says, had a long Interview at Constanza with the Roumanian premier, Senor Sturdza, yes- terday before embarking on the Bulgarian gunboat at Kustenjl for Burgas. Bulgarian Villages Burne SALONICA, Aug. 31.—The Turks have oc- cupled Kifssura without opposition. A number of Bulgarian villages in its vicin- ity were burned. Inspector General Hilm! Pasha recently sent a commission com- posed of five Christians and five Turks to offer amnesty to the Insurgents on condi- tion that they lay down thelr arms before the great feast tomorrow in honor of the sultan’s coronation. The revolt has become general at Cases and Yenidje, twenty-five miles from Salon- ica and is spreading to Gherglhel and Tkhewsh, sixty-five miles from Salonica, Serafoff, the revolutionary leader, has arrived in the neighborhood of Salonica for the purpose of directing the movements in this direction. Some Turkish officers, Aug- ust 19, sold fifteen cases of Martini rifles and a quantity of ammunition to Bul- garians, SOFIA, Aug. 31.—Nine hundred refugees from Malkotirnovo and surrounding vil- lages have arrived at Urumku, Bulgaria. The refugees say the Turkish garrison fired upon the Bulgarlan port of Malkotirnovo with the object of creating an impression that a revolution was in progress. The prefect summoned the Bulgarian notables and endeavored to force them to sign a statement that the {nsurgents were the aggressors. The notables refused to do so and the first man who refused was hanged the next day. BELGRADE, Servia, Aug. 31.—Two hun- dred well armed volunteers, including four officers, left here for Macedonia during the night. KUSTENDJI, Roumania, Aug. 8.— Prince Ferdinand of Bulgaria embarked here at midnight on the Bulgarian gunboat Nadieja and sailed for Burgas, Bulgaria. TRAIN RUSHES DOWN GRADE When Crew See Control it Ju that They Canmot Lives by COLORADO SPRINGS, Aug. 3L—A Col-| orado Midland freight train got beyond the control of the train crew five miles above Manitou at b o'clock this morning and | plunged down through Manitou and into Colorade City at an estimated speed of 100 miles an hour. In Colorado City the train, which con- sisted of an engine, a caboose and sixteen loaded .box cars, engine on a siding, knocking the dead en- gine over 100 yards and precipitating one of the worst wrecks in the history of west- ern raiiroading. The members of the train crew jumped, leaving the train to its fate, when it was seen that it could not be controlied. No one was Injured. Estimated loss, §25,000. PREACHER GOES .TO LAW nia Minister Asks Fifty Thou- Dollars from Conferees SAN FRANCISCO, Aug. SL—Rev. R. F. Harper, who has been pastor of Cen- tenary Methodist Episcopal church for some time, flled sult today for $30,00 for alleged libel. The defendants are clergy- men of his church, Rev. J. F. Moore, pre- siding elder of the district; Rev. J. A Walles, Rev. W. E. Vaughan, Rev. W. O Wagener and Rev. J. J. Kennedy. The alleged libel 1s declared to have been contained in a circular issued by the de- fendants in which the plaintiff s alleged % have been accused of Lmmorality, plunged into a switch | Document Parporting 1o -Recognise Unknown Son of Dead Mil. ire Filed, SAN FRANCISCO, Aug. 31.—A document purporting to be the will of the late Charles L. Fair has been recelved by mail by Judge Murasky of the superior court, and be- Queaths $500,000 to an alleged son of the late millionaire; Joseph Harvey, $500,000, and to a Catholic orphan asylum $760,000, the residue going to his wife. Witnesses are ex-Chief of Police Lees and W. H Barnes of this city, both deceased. Some 100k upon the document as a hoax. No son was ever known to exist, yet this is the first will discovered. The mysteries of thia purported will are increased by the introduction of a putative helr In the person of Charles L. Falr, jr. This helr was hinted at some months ago by Attorney Willlam Cannon, who stood sponsor for it, as entitled to a share of the estate of the dead millionaire. That child, however, was never produced in the flesh, and the attorney never disclosed the iden- tity of the mother, Attorney Cannon, in an interview, sald of the alleged will: “I believe it is a fake, and I will not ask that it be admitted for probate. As far as the child of Charles L. Fair 1s concerned, 1 have nothing further to say at this time.” Attorneys and others interested in the estate of the late Charles L. Fair In a measure regard it as a hoax sent by some dull witted joker. PLAINFIELD, N, J, Aug. 31.—The heirs of Mrs. Charles L. Fair living here and in this vicinity say they kiow nothing of the Fair will reported filed at Ban Francisco, except what they have read in the dis- patches from that elty. MINERS ARE STARVING Captain Pekins Asks Permission to Send Rellef Expedition to Save 200 M TACOMA, Washy Aug. 3L.—Captain Pekins, commanding the United States post at Fort Egbert on the Yukon, has wired the War department for authority to send a relief expedition to 200 impov- erished miners who started in July on a 500-mile trip through a trackless wilder- ness from Nazarina river, in the Copper river valley, to Tanana river, thence to Yukon. Three miners were rescued from starva- tlon by Henry Bratnober, who is exploring the Alaskan mineral zone for the Roths- childs and London Exploration company. In a small tent, exhausted, unable to move and hardly able to speak, he found P. A. Lettlg, whose home is at Delano, N. Y.; Willlam K. Ruhm of Baltimore and Harry Behrens, who sald he lived in New York City. For three weeks these men had lived on berries, but finally their strength gave out and they had laid down to die. They told Bratnober that the trail from Nazarina to Tanans was being traversed by 200 men in the same situation as them- welves. STATE AND Nl'l'm CLASH P in Contempt of Wisconstn Court. OSHKOSH, Wis,, Aug. 3L--After a se- ries of clashes between the federal.and state courts, United States Marshal Thomas B. Reld of Milwaukee was today adjudged in contempt by Court Commissioner W. W. Walterhouse of Winnebago county, and was ordered to appear before Judge Bur- nell of the circult court In -this district and show cause why he should not be punished. Harry DeVitt, alias Harry Howard, was bound over In the United States court on the charge of having robbed a postofice in Kansas. While confined in the Mil- waukee county Jail a writ of habeas corpus | was sued out and the federal authorities were ordered to present the prisoner for a hearing today. Instead of this they ig- nored the writ and DeVitt has been for- | warded to Kansas. KANSAS FIGHTS COAL TRUST Attorney Gemeral Collecting Data and May Begin Action by End of Week. TOPEKA, Kan., Aug. 8.—0. C. Coleman, attorney general, will make his first move against the alleged Osage county coal trust by collecting data In regard to the increase in the cost of labor in the mining district. He will make the inquiry of the state commissioner of labor statistics and will have information enough before him to make a case against the cosl operators by the end of the week. The attorney general suggests as a rem- edy that the coal mined at the peniten- tlary be admitted to the general market in competition with the Osage county coal However, he says, this plan could not be put Into operation before the winter of 195 as & state law now prohibits the sale of penitentiary coal on the open market. BURGLAR'S KIT IS MODERN Apparatus for Opaning fes. 8T. LOUIS, Aug. 5l.—The Alscovery today of a suit case containing a complete elec- tric apparatus for opening bank safes, in addition to a set of burglar's tools, leads the East St. Louls police to belleve that the two men arrested after a battle Sun- day night intended to rob the East Bt. Louls Trust and Savings bank without the use of dynamite or nitro-glycerine. The sult case was found by Lieutenant Doyle hidden in the alley back of the bank. FOURTEEN ARE TO BE TRIED Preparing to Hear Cases Against DANVILLE, I, Aug. 3.—The trial of fourteen persons on charges of attempting to enter the jall bullding on the night of July %, with intent to kill some of the inmates was begun in the circuit court to- day. The defendants include Mrs. Bessle Dodge, the woman who was consplcuous in the rioting about the county jail. But seven jurors had been secured thix evening. Seven of the rioters have been convicted during the past two weeks. Carnegles Coming H LONDON, Aug. 3l.—Mr. and Mrs. Andrew Carnegie will be passengers on the White Star Line steamer Celtic, which salls from Liverpool for New York, Friday, Septem- ber & Board of Sdnutim Members Bay Liquor is 8old Without License. APPEAL TO THE POLICE COMMISSIONERS in Its Action and tructed to Confer The Board of Education last night adopted a resolution calling the attention of the Board of Fire and Police Commis- sloners to “business and social organiza- alleged to be dlspensing lquor In varfous kinds and quantities without the authority of a thousand-dollar license. Member Homan introduced the resolution, which commended the action of the police commissioners and the chiet in trying to prevent the sale of liquor In drug stores. The secretary was instructed to confer with the commissioners about the clubs and to request the enforcement of the law. Mr. Homan' told something about the clube. He sald he knew of seven or eight, several of them dispensing more lquor than a great many saloons, and one, ac- cording to reliable report, about three times as much as the ordinary grogshop. They were doing business on a $25 govern- ment license, he wald, and two clubs had been organized recently with the Naquor traffic as the real and ultimate object. According to Mr. Homan, this kind of scheme to evade the high license fee is growing contagious. . He told about one place, not a club and not a drug store, where he had seen Immense quantities of whisky and wine carried away. The reso- lution met with no opposition whatever. Teach High School Work. The board decided to provide for the teaching of first year high school studies in the Comenius school on the south side, provided that no less than thirty puplls were secured and no extra teaching ex- pense entalled. Member Levy explained that this branch high school is in the na- ture of an experiment. The teachers' com- mittee had wrestled with the problem for a long time and falled to reach a con- clusion. Thomas R. Kimball, whom the board nominated as architect and superintendent of the new Monmouth park school, has positively declined to sign a $2,00 bond as to his competency and faithfulness, declaring It contrary to the established ethics of his profession. After consider- ation the bulldings and property commit- tee decided to walve this stipulation on condition that no money be paid Mr. Kim- ball until the building is completed and ac- cepted, A new contract will be drawn and signed as soon as possible. The high school teaching corps was fur- ther Increased last night by the creation of the positior of “teacher in writing and other subject F. A. Barber, present county superintendent of Boone county, ‘was elected to the place at a salary not to excead $00 per morth. Authority was given also for the employment of another teacher in machanical drawing and-man- ual training, Chairman Funkhouser of high ‘school committee reporting that the enroliment of students In this depart- ment had reached a point showing that the present staff is Inadequate. The monthly wage is limited to $70. Salary is Increa. The salary of Miss Florence Parmelee, who has charge of the reference room at the high school, $0 per month. Authority for signature for asphalt pav- ing around the high school to be finished before November 1, was rescinded and au- thority given without any such conditions being attached. H. W. Cowduroy of the Barber Asphalt company, which is getting up the petitions, sald the condition would vitlate the cortract. Margaret C. McLaughlin, Mrs. Emma DeCries, Mrs. Alice 8. Converse and Maud Burtch, teachers in the grades and kinder. garten, resigned for varlous reasons, Miss Carrle Nash was appointed prin- cipal of the Gibson school, the teacher who was named for the position having been incapacitated by Il health. The teachers' committee reported that a hearing had been given to Miss Jeanette Boyd, who applied for reinstatement at the Lake school. The recommendation that the original action of the board be adhered to was adopted with no dissen. SEVEN SUSPECTS ARE HELD Accused of Murdering Street Raflway Employes in Chicago a Looting Safe. CHICAGO, Aug. 81.—Of the eleven sus- pects arrested by the police following the murder of Frank Stewart and John B. John- son, employes of the Chicago City Rallway company and the looting of the company's safe early Sunday morning, seven are be- ing held. One arrest to which some importance is attached Is that of John Sleuder, a former employe of the company, and who is known to have been In the vicinity at the time the shooting occurred. He is said to have con- tradicted himself several times while be- ing questioned by the officers. The fact that the two men who survived the fire of the robbers can give but meager description of thelr assallants lead the po- lice to declare that every hour lessens their chances of ever apprehending the gullty men, CARDINALS William J. AMERICA FOR of Chicage that Two Will Soon B reated. on ays CHICAGO, Auvg. 3L—Willlam J. Onahan of this city, who returned today from Rome, is authority for the statement that in the near future two additional cardinals will be created in the United States. Mr. Onahan was a friend of Leo XIII and no layman in the country stgnds higher in the Catholic church than he. Mr. Onahan would not discuss the name of those to be appointed, and would not even admit that he knew them. NO NEW TRIAL FOR AMES Rely Upon Appeal fo Freedom. MINNEAPOLIS, Aug 3l.—Judge Elliott of the Hennepin district court has denled Dr. A. A. Ames a new trial. Nothing now remains between the former mayor and six years in the penitentiary for bribery except an appeal to the supreme court. The case will be certified and heard at the October term. was increased from $3 o | CONDITION OF THE WEATHER Forecast for Nebraska—Fair and Warmer Tuesday; Wednesday Fair. 11 12 m. MERCER GETS ket Place. An order, restraining the city from in- terfering with the business of marketing as at present carried on In the streets in and about the intersections of Howard and Tenth and Eleventh streets and on the vacant lots at the corner of Eleventh and Jackson, from extending the new market house any further east and from allowing any portion of Capitol avenue, west of Fourteenth or of Fourteenth between Davenport and Dodge to be used, elther | sldewalks or stroets for the purpose of marketing, was #wued by Judge Dickine son late Monday afternoon and served by the sheriff last night The petition asking for the restraining order was signed by Dr. B. D, Mercer as a stockholder in several corporations hav- ing real estate Interests in the vicinity of the two rival markets. As a stockholder in the company which leases the two lots at Eleventh and Jackson streets, where platforms have been bullt for the accom- modation of the market gardeners, and also as a part owner of real estate on the southeast and northwest corners of Elev- enth and Howard streets, he asked that the present status of the market garden- ers In the commission district be not in- terfered with, The request that the mar- ket house be not extended further to the eastward was made with the statement that such an extension would injure the value of property, which he owns and which fronts on the street just east of the market. Tae order does mot in any way inter- fere with the conduct of the business at the market, with the sale of stalls or with the city's handling of the business there. It merely restrains the clity authorities from Interfering with the present method of conducting marketing in the commission district. The hearing of the order of temporary injunction will be in Judge Dickinson's court at 10 o'clock Monday morning, Sep- tember 7. THANKSGIVING ON HIGH SEA Twenty. Infantry Will Eat Its Turkey on Board an Army Trans) Pursuant with general order No. §, War department series, the Fourteenth cavalry and the Seventh, Twenty-second and Twentleth regiments of infantry are desig- nated. 1o Philippines. The Fo valry “be embarked un- der direction of the commanding gen- eral of the Department of California on the transport sailing oh or about September 5, 1903, and the Beventh infantry on the transport salling on or about October 1, 1908, The Twenty-second and the Twentleth in- fantry will be placed enroute to Ban Fran- cisco and be reported to the commanding xoneral of the Department of California In time for embarkation, respectively, on transports sailing on or about October 31 and December 1, 1903. The regiments will be recruited to their full strength and will be fully clothed, armed and equipped and supplied with not to exceed fifty rounds of ammunition pet man. Department commanders are author- ized to transfer from the above-named regiments to other Infantry regiments in their departments in which vacancles exist such enlisted men as will have at the date of mailing of thelr respective regiments less than six months to serve and have not expressed thelr Intention to re-enlist. They are further authorized to transfer to the above-named regiments to the extent of actual vacancies thereln such enlisted men of other infantry regiments in their commands as desire forelgn service and Lave at least one year to serve. The following regiments will be relleved from duty in the Philippine Islands, placed enroute to the United States, and upon ar- rival at San Francisco will proceed to s tions as follows: Fifteenth cavalry, to st tlons to be hereafter designated; Thirteenth infantry, to the Department of the Mis- sonrl; Twenty-eighth Infantry, to the De- partment of California; Twenty-seventh in- fantry, to the Department of the Lakes; Eleventh Infantry, to station to be here- mated. BRITISH SUBJECT Canadian MOBBED Driven from alls for Protection. GUTHRIE, Okl, Aug. 3l,—Governor Fer- guson has received a letter from Assistant Secretary of State Loomis inclosing a letter from A. 8. Ralkes, British consul at New- port, R, I, asking for & full investigation of the David 8. Brown case. Brown fs & Canadian-British subject and with his family settled on a quarter section of land in Cheyenne and Arapahoe district and de- clared his intention of beeoming an Ameri- can citizen. He alleges that a mob on August 7, 1895, drove his family away, burned his dwelling and stole his cattle and horses. With his family he fled to Kingfisher, Okl, where he has since resided. Shortly after the alleged crime was com- mitted the grand jury convened and indicted & number of persons. They were tried and found not guilty, it being held that Brown was still a British subject and thuy the courts had no right to pass on the case. Brown has appealed several times to the British embassy and It is belleved that he will seek indemnity for damages sustained. Movements of Ocean Vessnls Aug. 31, At New York—Arrived: Anchoria, from H d, from Antwerp: Armen- pool: Potsdam, from Rotter- ur-Mer. Laurentian, for New Johus, M. ¥. 'Amy.dr: Sibertan, w ‘an verpool, for Halifax, 2 Philadelphia. - oty l.:g!wrn Arrived: Perugla, from New York Marsellles. At Hamburg—Argiyed: Blue Cherny, from New York via Ply#otth and Cherbour At Bremen—Arri remen, from New York via Plymouth. At Cherbourg—Arrived: Kaiser Wilhelm I, from New York. Sailed: Grosser Kur- lunl(. from Bremen. for New York. London—Arrived: Minnetonka, from New York At Dover—Passed: Vaaderland, from New York, for Liven Gibral Gflu and At Yokoha; L At St grom Gia led: Princess Irene, from for New York CArrived: Tscoma, and Hona o WIND IS T00 LIGHT Fourth Race Bfiwun Beliance and Sham- rook III Results in & Fluke SETS PACE AT START American Boat Takes Lead and Holds the Place to the Bnd. START CONTEST IN VERY HEAVY SWELL Weather is Thought to Be More Favorable ¢ English Oraft. HIGH SEA CAUSED LACK OF INTEREST DEFENDER Both of the Boats Were Much Delayed in nd the Con at a Late Time of Race. Outer Mark. Finish, 3:00:851 Race 3:21:00 called oft Start, L1145 n Rellance Bhamrock NEW YORK, Aug. 31.—Again today the beautiful cup defender Rellance failed to register 1ts third victory over Lipton's challenger because the wind died to nothing and the time limit of five and & half hours expired befora It could reach the finish line. Its margin was approximately the same as on Thursday last. It was less than half a mile from the finish when the gun sounded. Shamrock ITT was a faint blur on the horizon, fully two and a half miles astern. Rellance’s failure to score the race was the more exasperating because its ulti- mate triumph is now conceded even by Sir Thomas himself to be simply a formality. The supe-iority of the Herreshoff boat In any kind of weather is acknowledged by the yachting crities of both sides of the Atlantic and today's fluke only prolongs the agony of the contest that has already been decided. The waning interest in the cup races was strikingly {llustrated by the sizo of the observation flcet, If the crowd which went down to the ocean course to- day could be dignified by such a title. Out- #ide of the revenue outters which patroled the course it consisted of half a dozen side-wheelers with almost empty decks, a few seagolng tugs and a score of steam yachts. Race in Rough Sea. The easterly wind and rain last night had served to knock ‘down the sea some- what, although it was rough enough the first two hours of the race to make the excursion boats tumble about a good deal and the yachts to plunge and stagger on thelr way to the outer mark. But as the day wore on the wind hauled to the north and fell to a mere zephyr, hardly strong enough to round out the enormous can- vasses of the sloops, and the sea subsided to & smooth surface. The race was spiritless from the begin- ning. It was laid fifteen miles to windwara up the Long Island shore and re Tts saving feature was the start, In whlch Captain Wringe, by & pretty piete of ma- neuvering, neatly turned the tables on the Yankee skipper and captured the windward berth. BEven so, the yachts crossed the line abreast like a harnessed team of horses. Shamrock's Worst Defeat. But within fifteen minutes the defender was showing its heels to the challenger, and when the float at the outer mark was reached Rellance rounded it twenty min- utes and twenty-three seconds ahead of its rival, | In the five times the boats have met this was by far the worst beating Shamrock 11T has had in windward work. The interest after that was as to whether Reliance would be able to reach the finish line In time to score the race. The racers waited about Sandy Hook lightship until 10:45, when Navigator sig- nalled that the starting line would be shifted and the race postponed until later in the day. After running five miles south from the lightship Navigator signalled a windward and leeward course, From east northeast a five-knot wind was blowing. The easterly gale had left a long, heavy sea running and as-the yachts Jockeyed about the starting line they litted their long bows high out of the water on top of the swell and pounded the sea Into a froth. Captain Wringe Wins Point, For the first time in the series Captain Wringe of Shamrock I1L cleverly out-gen- eraled the redoubtable Captain Barr in the preliminary jockeying. Five minutes before the start Captain Barr held the windward berth, then both ran away from the line, Bhamrock leading. Two minutes before th starting gun Shamrock headed up Into the wind, tacked, forced Rellance to do the same, and both ran for the line, Rellance leading. They reached it before the start- ing gun and Rellance had to run along the lee side of it to awalt the gun. Shamrock reached the line as the gun sounded, and not having to sheer off, secured the weather position It was a trick which Captain Barr had worked often but never with better fineness or more satisfactory results. The official starting time of both yachts was 11:45:%. The first tack, flve minutes after cross- ing the line, put SBhamrock 111 ahead, but under the lee bow of Rellauce. Captain Wringe gave his boat a good full and the way it began to walk away from the de- fender made it look as though it had found itself at last. But this was for only a few minutes. When he began to pinch into the wind it was apparent that Re- liance was outpointing the challenger and altogethor making better work ‘of it They held on one tack, east, southeast, for nearly an hour. During that time the defender worked up to windward a §00d quarter of a mile. When Reliance tacked Shamrock 111 refused to follow, so Barr put his craft on the pert tack agaln. This placed Reliance & mile north of Hhamrock I1I. Wind Helps Reliance, Fitteen minutes later the wind suddenly shifted to the northeast and placed the American boat that distance dead to wind- ward, not half of which it had actually earned. From that time Reliance gained steadily The yachts could now head within two points of thelr course. They held the tack for twenty minutes and then made short Litches in which Rellance steadily got the better of it. When off Long Beach &t 1:45, the defender was two miles ahead, having added the second mile by literally outpointing the challenger and at the same time maintaining equal speed. The mark was then in plain view and the wind was softening. Afier a long board of shere, Rellance made several short hitches which brought it to the turn The challenger's cause was absolutely hopeless when the defender rounded the mark, The Britiah boai wes more than