Omaha Daily Bee Newspaper, October 18, 1903, Page 22

2 THE JLLUSTRATED BEER Publlshed Weekly by The Bee Pablishing Company, HBee Building. Omaha, Neb. PR SRRt —— — Price, 8¢ Per Copy--Per Year, $2.00. Entered at the Omaha Pos'office as Second Class Mall Matter, For Advertising Rates Address Publigher. Communications relating to photographs of articles for publication snould be ade dressed, “Editor The Illustrated DBee. Omaha.'’ Pen and Picture Pointers VING served continnously as a judge of the ['nited States di trict court in Towa for more than twenty-one years, Judae Oliver Perry Shiras of Dubuque will re tire from the bench to private life on November 1, and President Roorevelt is ex- pected to soon announce the appointm nt of his successor. Judge Shiras is a cousin of the Judge 8Shiras who is on the United SBtates supreme court bench by appointment from Pennsylvania. He was born in Pitts burg, October 22, 1833, and receiv d a good education early in Hfe. He was graduanted from the Ohlo universlly at Athens and from the Yale law school. He removed at once to Dubuque and In August, 1566, he was admitted to the practice of law and formed the partnership of Biesell, Mils & Bhiras. His law practice was inlerfered with by the war, for he entered the Twen- ty-seventh lowa volunteers as a licutenant in August, 1862, He was assigned to duty on the staff of the late Francis J Herron, and in this capacity served in 1862-3 in the campaigns of the Army of the Ten General nessec in Missouri, Arkan and Louisi ana. In 1864 he resumed practice in Du buque in the firm of Shiras & Van Duzee, which was jJoined a yeoar later hy Colorel David B. Henderson. Judge Shitas was highly successful in the practice for many yearn und in 1882 he was appointed to be Judgoe of the United States district court for the northern district of Towa. As such he presided over courts at Dubuque, Sioux Episodes NVENTOR EDISON gt so busy a short time ago that he neglected shaving, and the result was a billy-goat stubble on his chin. He Is fond of & chew of tobacco and immersed in thought or chemicals nd wipe his mouth. Neither does he like to swal- low the saliva. 8o as he chews the juice of the weed seeps through the corners of his mouth and trickles down his chin to his whiskers and down his whiskers to his shirt front. His wife has thought seriously of buying him some ruliber bihs. wrell i Bhortly after he was elected president of France M. Loubet offered a large sum for the castle of Mezene, which once belonged to Diana of Poitiers, the favorite of Henry I11. His offer 8 refused at the time, but recently he succeeded in getting the cha- teau, which is most picturesquely situated, near Montelimar, and has o waterfall, three ponds filled with trout and a large park with plenty of game. The price paid was 170,000 frarcs. From his tower the president can now see his birthplace, Mar- sanne, where his mother still lives, St According to the Charleston News and Courier a ®on of the late Major Wade Hampton Gibbes of Columbia, 8. (., says that it was his father who, as a lieutenant, fired the first gun, a signal gun, at the at- wren does not have time to expectorate tack on Feort Sumter, Charleston harbor, on the morning of April 1861. He writes: “At Lieutenant Gibbes' battery the signal gun was aimed to burst a shell high in the THE ILLUSTRATED BEE. City, Cedar Rapids, Fort Dodge and else- where in northern Towa. He has also sat 48 a member of the court of appeals for the Eighth circuit and has held court in many other places. Judge Shiras is a modest man, polite and cultured, popular with the people and with the lawyers, and his retirement from the bench is a source of great regret in the entire district where he had presided long. He was always regarded as an eminently fair and impartial Judge and no suggestion of either weaknegs or wrongdoing ever attached to him or his 8O court. Hig name was frequently consid- ered for an appointment to the supreme bench and his friends always felt that he would have been added strength to that body — As a member of the court «f appeals for the ghth United S8tates circuit Judge Shiras heard the famous case aguinst the Tranemiseouri Freight assoclation, involy ing the question whether the Sherman anti- trust act applied to railway companies, and, if so, whether combinations between railroad companies for the purpose of main- taining certain freight rates were lawful under the provisgions of that act The two other members of the court, one of them Judge Thaver, who recently wrote the opinion in the Northern Securities case, held that the written contract entered into by the railway companies was not unlaw- ful, because the rates fixed in it were not shown to be unreasonable. Judge Shiras, dissenting, held that the Sherman act did apply to railway companies, and that it for- bade their entering into any arrangement for the purpose of avoiding competition among them. The supreme court supported him and reversed the judgment, though the judge's own brother voted in the mi- nority against his view. No federal judge in the west has 20 wide an experience in trying cases in which In- dians were interested Judge Shiras. In a cele ed case, in which a Sioux chief, having killed an officer a few days before a peace treaty was made with his tribe by General Miles, was subsequently arrested and tried for murder, the judge made the jury acquit the Indian, holding that the convention made with his tribe by General Miles bound the government and the courts to forgive the crime, In a frequently Qquoted pension case he held that the state laws do not apply on the matter of pen- slons, a s=ubject wholly controlled by the acts of congress. The United States su- preme court upheld this view, It has been the subject of much comment that so able a jurist re mained on the district court beneh. He is one of the few district judges who occasionally sit as a member of the circuit court of appeals, and it is believed that had he chosen he could have been pro- moted years ago. He is popular, and the Dubuque Bar association is preparing a demonstration in his honor his retire- ment, on Colonel James Rush Lincoln, who is in command of the Fifty-fifth regiment, 1. N G., in the maneuve with the regular Fort Riley, Kan., has been a mili ATy man ail his life. As a boy he joined a troop of cavalry from his native state, Maryland, and became a lieutenant in the confederate n at service, About twenty years ago he was elected to be military instructor of the cadets at the Towa State college at Ames, and he continues in that position to this time. On the breaking out of the war for the freedom of Cuba the four lowa r gi- ments were called into the volunteer serv- ice and lowa was accorded one brigadier general of voluntesrs. Co'onel Lincoln was nominated for this pisce and had the backing of the governor and entire con- grensional delegation and was commis- sioned a brigadier general. On his return to the State college at Ames and the work of reorganization of the lowa National guard was commenced, there was a unani- mous call from the members of the Fifty- first Towa that Colonel Lincoln should be- come the commander of the reorganized regiment. He consented and was com- missioned. lLater the number of the regi- ment was changed and it is now the Fifty- fifth to distinguish it from the regiment of volunteers which saw service in the Philip- pines. Colonel Lincoln has had wonderful success as instructor at the State college, October 18, 1903, and his work is regarded of great value to the young people of lowa. He is much cone sulted with reference to matters in the national guard and is a member of prac- tically every military examining board called. He has four sons who are follow- ing the profegsion of arms—all in the regu- lar army-a captain, a first lieutenant, & second lieutenant and a private, In the passing of Tom Murray one of Omaha’'s most unique figures faded from the scene of activity. For he was an ac- tive man all his life in Omaha, and, though he never took a very large part in the af- fairs of the cjty, he was identified to a much greater degree than is g nerally known with the development of Omaha. He came here among the earliest, and for many years was a more or less prominent factor in business life. His retiring wayvs and eccentric methods to a large degree isolated him from social intercourse, but by with whom he came in business contact he was esteemed as an honorable and upright man, just in his dealings, ex- acting every farthing of his due, but paying every farthing of his debts. His faith in Omaha never wavered, even after the un- fortunate wave of depression had swept away every vestige of the very consider- able fortune he had amassed. His downfall financially was due to his confidence in the city where he had made his home and done his life's work, and where he finally died. As an outcome of his eccentricity no photograph or other portrait of the man was ever made, and the only pictorial rec- ord left by him is a stereoscopic view of the Grand Central hotel, taken a short time before its destruction by fire in 1878, It shows the building which Tom Murray made his home, on the lot where the Mur- ray hotel now stands > One of the many amateur base ball teams of Nebraska is the Fowlers of Fremont. This team gained much local celebrity dur- ing the last summer by the general excel- lence of its work, and won a warm place In the hearts of its supporters by the quality of ball presented. those and Incidents in Lives of Noted People air: another gun was carefully aimed at tho fort, ard the wires were laid ready to ex- plode a mine under an old hcuse in the way. As nearly as possible these things were done simultaneously. Now which of the three shots fired at the fort from the three separate mortar batteries by Captain James, Mr. Ruffin or Liuetenant Gibbes' battery was the gecond shot no man may certainly say.” —_———— Justice Hawkins, the distinguished Fng- lish barrister and jurist, says that his first brief was to defend one of two men charzed with coining, and when they were placed in the @ock he overheard a brief colloquy be- tween them. Coiner No. 1 told his comrade that he was to be defended by a very good man, Colner No. 2 said he also was de- fended. He did not know the gentleman's name, “but”—indicating Mr. Hawkins—he added, admiringly, “be’'s a smart 'un When I banded over the fee he put the thick ‘un’--. e, sovereign—'"between his teeth and bit it. He's the chap for my money.” PRI N The battleship Texas, now berthed in the Brooklyn navy yard, has heen equipped with a fine bath for the officers. Mr Quimby, executive officer of the ship, took one of the blue jackets to instruct him how to operate the new acquisition. After a thorough explanation Mr. Quimby stepped under he shower and moved hoth faucets not knowing that the water connection had heen made. He was soaked to the skin in a moment. The sailor remarked, gravely: “I think I can work it now, sir.” Mr, Quimby looked at him sharply, but the man Gleanings From the NRY B. F. MACFARLAND, presi- dent of the Board of Commission- ers of the District of Columbia, Is a fine looking man, smooth shaven, with iron gray halr, re- ports the Saturday Evening Post The first time Mr. MacFarland, in his capacity of commissioner, went hefore the appropriations committee of the house of representatives to urge some itenr in the district supply bill, he found “Uncle Joe" Cannon, the chairman of the committee, sitting on the small of his back, sm¢ king & clgur and looking at the ceiling Mr, Cannon rose, greeted Mr. MacFarland, and then resumed his former attitude. The argument was made Mr. MacFariand paused for reply Mr. Cannon puffed on his cigar for a moment. Then he sald: “Young man, I've been watching that face of yours., If [ had It I'll bet 1 wouldn't be afraid to play poker with any lving man 0 A village sexton in a Pennsylvania town, in addition to being graveodigger, acted as a stonecutter, carpenter, and furniture mover. The local doctor, having declded to Jocate in another county, employed the sexton (o assist in removing his Louse- hold goods. All went we!ll until it came to settlement, when the doctor d'ducted an old account due by the sexton. He wrote at the same time objecting to the charge made for removing his furniture using these words: “If this was steady it would pay much better than gravedigging.” In a few days back came this reply deed, 1 would be glad of a steady job; gravedigging is very slack since you left the countv.” PR S Congressman George B this adventure, which more serious ending New York instead “One night when 1 Pennsylvania avenue," said quoted by the New York a big policeman standing on the corner, acting in a suspicious manner. He held one hand behind his back, as if he were concealing something. Just for the fun of the thing, 1 approached and asked him: “What have you there?” “For an Instant he looked startled, and then, quickly bringing his arm around in front of him, said: “‘It's an apple; have a bite? “‘No, sir,’ 1 said steranly, McClellan relates might have had a had it happen of Washingtlon: wialking down Mr. McClellan, Times, “1 saw ‘Don’t you never cracked a smile—until he had re- Joined his messmates. ——l e Mme, Nordica, the operatic vocalist, who has just been awarded the Bavarian gold medal—an ‘honor bestowed only on those who stand at the front rank of artistic life—is an American by birth, though most of her great professional triumphs have been scored in Europe. Though very fond of her native land, she has been compelled to pass much of her time abroad. The great prima donna is gifted with a strong sense of humor and she is fond of telling the story of an adventure which befell her at a concert in Texas. Forgetting her overshoes, she asked a cowboy to fetch them for her. As he brought her first one and then the other the charming singer re- gretted that he should have so much trouble, but her apologies received the pretty reply: “Don’t name it, ma'am; I wish you were a centipede!” —— — Rear Admiral Louis Kempff has been or- dered to his home in Belleville, Tll., pre- paratory to his retirement from active serv- fce next Saturday, when he will have reached the required atge. Admiral Kempff has been in the navy forty-six years, of which twenty years were spent at sea. Among the most notable acts in his carreer was one for which congress thanked him. When commander of the United States fleet in Chinese waters in 1900 he refused to take part with the allied fleets in bombarding the forts at the mouth of the Taku river, China. He did not think the bombarding Story Tellers’ know whoe 1T am?” “*Don’t know you from a lamp post, sir, “Well, 1 am Congressman McClell g “‘Is that so? Then take half of this apple. 1T suppose if you were a senator I'd have to give you the whole of it!'" —& Dr. Parkhurst delivered lLimself of a story in the course of his sermon in the Madison Square Presbyterian church, New York, last Sunday. This is the story: “An African chief became converted and moved to London, where he wore fashion- able ind behaved in every an lrreproachable man. One day giving a lecture in a church on the tages of a peaceful, civilized life did not fit wel’, and in attempting to it he tore open the buttonhole. “The ripping shirt band brought back all his old savagery, and he shouted out that civilization was all a sham and he wished he was back in his old life. Whereupon he pulled off his collar, his coat and trousers, and finally stood in the garb of the un- adorned savage. Then he set fire to the church and took to the woods, “If his buttonhole had been a little stronger,"” added Dr. Parkhurst, “he would probably have remained an irreproachable clothes way he a8 was adjust was justifiable or expedient and congress took the same view. Admiral Kempff ig perhaps the only American officer to be officially thanked for refusing to fight, . The magnanimity of General Robert E. Lee, relates Youth's Companion, is well known, hut the daily manifestations of it are not yet all told. One notable case has, it is believed, never before appeared in print. General Lee was sitting on the veranda of his Lexington home one afternoon, en- gaged in conversation with some friends, when a man, ill clothed and covered with dust, appeared at the gate and timidly beck- oned to the general, Apologizing to his friends, at once and went to the gate. Very soon his purse appeared and he was seen to give the man some money, His friends, knowing the extent of hig charity in any e of suffering, real or ap- parent, looked on with some impatience, for they knew how slender his means were then, and how many calls of the same kind Lee rose came to him. “General, who was that?’ ene of them ventured, when he had returned to his place. “One of our bhoys in trouble,” was the half-smiling answer, for the general knew the remonstrance which his friend was longing to make, “What regiment and company did he be- long to?” persisted his friend, anxious 1if possible to unearth the suspected fraud, “Oh, he—he fought on the other side,” was General lee's calm answer, Pack man the rest with much of A very small conditions. of his life our thing That's the civilization and will reveal way virtue, the real S — Mack, a Philade reminiscence of James R tells this in Ohi “One Sam Johnson, a negro, was indicted in Cincinnati, charged with the theft of a his \ia attorney, law practice ham. Johnson was stiff-necked, for the only witness against him was a man of his ewn color, and ‘one nigger's word is as good as 'nuther’s,’ sald Sam. ‘He'll swar I did, an' I'll swar I didn't.' The case came up for trial and the indictment was reac ‘The Btate of Ohio against Samuel Johuson, defendant,” etc “As he listened, Johnson grew nervous, and at the demand of a plea, rose to his feet, ignoring the counsel assigned to him. " *Youuh honah," said Johnson, 'I'se not been treated right, nohow. 1 t'ought dar wuz only one nigger 'gainst me, an’ heah's de whole state ob Ohio. I wuz not 'feared ob dat nigger wat seen me hook de ham, but I'se got no show now. De whole blame state 'gainst me's too much. Yessir, [ took de ham. 1 pleads guilty But I'd like to know whar all de watchers wuz hidin’, X suttenly would.' "™