The San Francisco Call. Newspaper, November 2, 1895, Page 5

THE SAN FRANCISCO CALL, SATURDAY, NOVEMBER 2, 1895. JM AND FITZ MEET All Their Warlike Talk Merely the Usual Bluff. OORBETT SAYS “B0OO! And the Lengthy Australian Returned the Salutation With a Grin. AN OMNIBUS INJUNCTION JOKE. Now the Pugilists and Backers Would Gladly Leave Arkansas if They Comn’d. LITTLE ROCK, Arg., Nov.1l.—Corbett and Fitzsimmons will not fight in Ar- kansas. This position is settied as nearly as an ng can be settled that is not an accomplished fact, and when it is added that the ilists themselves admit that the game is up it may be conceded that the rts and the Governor have won. It is altogether safe to say that Corbett and his rival would be glad to be any- where out of this State with a promise to | never revisit it. This conclusion was not | reached without a great deal of noisy talk on the side of the pugilists and a displsy of | renewed vigorupon the part of the authori- ti Much old straw was threshed over | verbally by the pugilists and their backers in their rooms at tie hotel to-day. Propo- sitions and counter propositions flew fast and thick., Offers of fabulous purses were | heard from various points of the compass and discussed with unabated heat by the prize-ring followers who had drifted up from Hot Springs in the wake of Corbett | and his party. | There was a conference of one kind and another going on every minute of the day, except while the prize-fizhters and their attorneys were in court wrangling over the peace warrants. Not only the sporting contingent but the natives of the town had caught the fever, and one would have thought instead | of being engaged in a grapple with the courts and the Governor of Arkansas for | their liberty the two pugilists had only to agree ou terms and pull off the long- advertised match in the suburbs to- | morrow morning. The resuit of all this | parley was in striking contrast to the vari- | ous stories that flew through the air all | day. Fitzsimmons, Corbett, Brady and Julian are to-night asleep in their re- | spective hotels guarded by a Deputy | Sheriff. The judiciary has not only main- | tained its hold upon the pugilistic con- tingent but has added fresh meshes to the web in which they are entangled, and Gov- ernor Clarke, looking more like Henry Clay than ever, sat in his office and ina smiling way declared that he has only n his campaign and that his strongest cards are still in reserve. The chief events of the day were the ar- rival of Corbett and his party from Hot Springs, the peace-warrant proceedings in the Circuit and Chancery courts, and last, and most important of all, the issuance by Chancellor Martin of a sweeping omnibus injunction restraining nearly everybody in Arkansas from having any part in a prize- fight at Hot Springs or elsewhere in the State of Arkansas. It is this legal docu- ment which has destroyed the last hope of the tight-agitators and caused the prin- cipals and their backers to throw up their hands and admit themselves bested. he postponement of the hearings in the peace-warrant case by Judge Martin and his namesake, the Chancellor, was ex- pected and discounted. The attorneys for the fighters expected nothing else, and formed their clients. It was antici- pated that the Attorney-General would | play for delay, and no one was surprised | when the cases went over until to-morrow; but the injunction was another matter. It was not alone unexpected, but it was stunning in its force, and when the news of its issuance became current it was ad- mitted on every side that Arkansas was no longer debatable ground, and that if Corbett and Fitzsimmons were to fight at all it must be in other territory tharn that g0 jealously guarded by Governor Clarke. The recognition of this fact at once set the matchmakers at work afresh, and late to- night there is a prospect that if the pugi- lists can make their peace with the Ar- kansas authorities on the condition of getting out of the State they may vet meet in the ring before a select company for a side bet of $10,000 each. This propo- sition will be treated of later on. The story of the day is a simple one, divested of the wild talk and senseless rumors that seemed to engross the atien- tion of most people around the hotels. Corbett and his party, consisting of Man- ager Brady, Billy Delaney, Jim McVey and John Donaldson, arrived at 10 o’clock this morning from Hot Springs. They were nominally in the custody of | Sheriff Houpt of Garland County, who had | served the warrants issued by Chancellor Martin of Little Roc The party regis- tered at the Capitol Hotel and Corbett at once repaired to the operashouse, where he went to work in an improvised gymna- sium. His antagonist, the elongated Au- stralian, had arisen early, and in company with the two deputy sheriffs visited the gymnasium of the Little Rock Boat Club, where he punched the bag and had a bout with the gloves with one of his custodians. Thus it happened that, although the rival sloggers were registered at the same botel, they did not encounter each other until dinner time. The meeting was rather in the nature of a disappointment 1o those who imagined that the men would fly at each other’s throats like bulldogs. Nothing, on the contrary, could have been more amiable, not to say frolicsome, than their actions. Corbett, who had entered the dining-room some time before Fitzsim- mons made his appearance, finished his dinner, and in leaving the room passed close to the table at which the Australian was seated. There was a glance of mutual recog- nition. Then Corbett stopped for a minute, gazed benevolently at his rival and per- formed the dancing movement known as “chassez all,”’ being a rapid side step in quick time. Having executed this feat he stopped, smiled again and wafted a kiss from the tips of his fingers to Fitzsim- mons, wh> grinned amiably in return. The champion then put his hand to the side of his mouth and in a stage whisper ejaculated the single syllable ‘“Boo,” which, it will be remembered, was agreed upon two weeks ago as a signal for hos- tilities when the men should meet. Evi- dently, however, it had lost its significance, tl cou for, instead of provoking Fitzsimmons to wrath, it merely caused him to smile all the more amiably, and, after blowing an- other kiss to hisrival, the champion passed out of the room without any blood having been spilled. This ended the forenoon’s entertainment, which had been somewhat in the nature of a comedy. The afternoon performance was of a more serious nature. It was nearly half- past 2 when Judge Martin called the case of the State vs. Fitzsimmons and Julian in tbe Circuit Court. The room was crowded with visiting newspaper men and members of the bar, and the corridors of the courthouse were filled to overflowing with yeomanry of Arkansas, who were eager to get a glimpse of the pugilistic celebri- ties. The defendants with their counsel, Colonel Murphy of Little Rock and City Attorney Martin of Hot Springs, appeared at the bar, and Assistant Attorney-General Hemenway only asked for a postpunement in order to procure witnesses from Hot Springs. Colonel Murphy vigorously opposed the motion. He declared that it was merely a subterfuge on the part of the State and in- sisted that the hearing should go on. ‘“We are prepared,” he said, *‘to give bonds in any sum your Honor may name with- out calling any witnesses at all. We don’t propose to controvert the State’s testi- mony. We merely ask for a speedy hear- ing, as the law requires.” *Do you admit,” asked Judge Martin, “that your clients cawse into the State with the intention of breaking the law relative to prize-fighting?” “Not at all,” replied Colonel Murphy quickly. “We admit nothing. We sim- ply want to expedite matters, and in order to do so we are willing to give whatever bond you may require, so that we may he released from custody. That is a right, not a privilege.” The court, however, could see no harm in postponing the hearing, and after a lit- tle further sparring between the attorneys the case went over until 9:30 o’clock this morning. Then everybody went across to Chancellor Martin’s courtroom, where the Corbett-Brady case was to be heard. The crowd here was even greater than in the Ciicuit Court and, as the room was smaller, hearing the proceedings was ac- companied with much discomfort. There was a wait of ten minutes to begin way Colonel Murphy caused a further de- lay of twenty minutes while he retired to the Judge's chamber to frame the written plea made necessary by the laws of Ar- kansas. When everything was ready the Attorney-General renewed the request he had made before the other Judge. He wanted time, he said, to bring witnesses from Hot Springs. The usual objection from the defense followed, and then Colonel Murphy introduced the bond given by Corbett and Brady before a Hot Springs Justice of the Peace ay a bar to the | pending proceedings. There was a forensic wrangle, Murpby pulling one way and ttorney-General Kinsworthy the other. Finally the court intervened with a liitle speech, which showed pretty plainly the attitude of the Little Rock judiciary toward prize-fighting. Chancellor Martin isa little man, with curly gray hair and a chin beard. He wears a ruffled shirt and a low-cut vest, and might sit for a portrait of Opie Read’s “Kentucky Colonel.” He spoke slowly, with evident earnestness. “It is idle to pretend,” he said, ‘‘that this case is an ordinary application for a peace bond. It is a matter of common notoriety all over the United States that these men, together with certain unworthy citizens of Arkan- sas, have been trying to bring off a prize- fight in Garland County. They have been warned repeatedly to desist. The Supreme Court has passed upon the unlawfulness of the enterprise. “They have been cautioned by the Governor, and they have received warnings from other officers of authority. In spite of all this they have persisted in their attempt to break the lawsof this State. I propose to investigate the mat- ter thoroughly. Idon’t blame these prize- fighters as much as [ do the recreant citi- zens and officers of this State who have aided and abetted them in their unlawiul enterprise, “I shall give the Attorney-Generalample time to produce witnesses in this matter. He shall have all the time he requires consistent with the rights of these defend- ants to a speedy hearing. The case will be adjourned until 3 o’clock this afternoon.” There was a hum of surprise in the courtroom when the Chancellor delivered this stab at the Hot Springs people, and it began to be impressed on the pugilists and their friends that the proceedings before the court were likely to prove more seri- ous than they had bargained for. But this feeling was mild compared with the sensa- tion tkat was caused when it became known that Chancellor Martin had granted an injunction restraining James J. Corbett, Robert Fitzsimmons, the Hot Springs Athletic Association, W. A. Brady, Martin Julian, Joe Vendig, N. K. Wheelock, W. L. Babcock, Reb. Houpt, W. W. Waters, Peter Maner, Steve O'Donnell, William Delaney and others unnamed from en- gaging in or fostering prize-fights in the city of Hot Springs or elsewhere in the State of Arkansas. The injunction was issued at the instance of the State of Ar- kansas, ex rel E. B. Kinsworthy. The petition recites at great length the history of projected prize-fights, and de- clares that *‘as the officers of Hot Springs are engaged in the conspiracy the threat- ened crimes cannot be stopped by ordinary methods, and the fights will be held un- less stopped by the court.” This injunction was admitted on ail hands to be the knockout blow to the hopes of the Hot Springs club. The writ is not returnable until twenty days from date, and although a motion to dissolve could be made in the meantime there is little hope that Chancellor Martin would entertain it, much less grantit. A delay of twenty days in pulling off the fight would be as fatal as twenty weeks or twenty years, and any attempt to violate the injunction would be surely followed by imprisonment for contempt of court. It 1strue that the lawyers for the Hot Springs people maintain that the injunc- tion is illegal and will not hold water it tested by the Supreme Court, but they are disposed to admit that by the time the Su- preme Court could be induced to pass upon the matter the prize-fight might as well be in held Kamchatska aa in Hot Springs, so far as drawing a crowd is concerned. The injunction, however, had the effect of redoubling the efforts of those who have all along maintained that the fight must take place outside of Arkansas, if it took place at all, and as a result propositions innumerable were submitted. The one that seemed to promise most favorably was the production of Brady. His proposition was based on the con- tingency that an arrangement could be made with State authorities to discontinue the legal proceedings on condition that the pugilists should leave the State. It that can be done, and they have every reason to believe it can, Braay offered to have Corbett fight Fitzsimmons in private at twenty-four hours' notice for $10,000 a side within twenty-five miles of Little Rock, but outside of the State of Arkansas. He agreed to accept oneof the six men with while Corbett was hunted up, and | { when the proceedings at last got under named by Julian as referee, and also offered Julian the privilege of naming the battle-ground. In case the latter cannot select a suitable spot Brady agreed to do so, and 1f his choice should prove unsatis- factory to the Fitzsimmons party he pro- posed that himself and Julian should each choose one ne wspaper man. they to choose a third and locate the ground. This propo- sition was submitted to Julian, who, after some demur, accepted it. He at first insisted that the proposition of Dan Stuart to give a $20,000 purse for a fight at El Paso on November 22 was vreferable, but Brady declared that the date was too far distant and that a trip to El Paso would be a repetition of the wild- goose chase to Hot Springs. Then Julian agreed to the plan sugeested by Brady and said he would put up his $10,000 to-morrow. There the matter rests to-night. It is the outcome of an infinite amount of talk, which ranged all over the country from Maine to Texas, in the matter of a fighting ground and from 10 cents to §$30,- 000as theamount of the stake. Itisunder- stood that the location of the fight may be Tennessee, Louisiana or Mississippi, if thereisto be a fight at all. Meanwhile Governor Clarke, upon whose dictum the whole matter hinges, declares that the affair is out of his hands and hecannot interfere with the process of the court. As has been said, however, there are intimations from those close to his Excel- lency, that he will not be disposed to detain the boxers in Arkansas if he can be assured that if released, they will promptly cross the line and stay thkere. To-morrow will probably witness a ter- mination of the entire prize-fighting com- pany in Arkansas. It turns out that Corbett would have been in considerable danger had he assumed a hostile attitude toward Fitzsimmons in the hotel dining- room to-day. Deputy Sheriff Heard, who was in charge of Fitzsimmons, said to- night that he had positive orders from Governor Clarke to shoot Corbett at the first indication of the latter’s intention to assault the Cornishman while in his charge. He declares that he would have obeyed orders to the letter had the champion made s move to attack Fitzsim- mons. Corbett laughed when he heard the story and said ne had no intention of fight- ing any one for fun, and reiterated the statement he made several times to-day that there would be no fight between Fitz- simmons and himself unless Julian put up the necessary $10,000 bet. He wished this to be understood thor- oughly and characterized as absurd the rumors that he and Fitzsimmons would eventually meet in the brush and fight out their grudge for the love of the thing. Chancellor Martin was interviewed to- night regarding the report that the Gov- ernor would withdraw the case now pend- ing against the prize-fighters 1n case the lattar agreed to leave the State. “Governor Clarke is not the Chancellor of Pulaski County,” said Judge Martin. “I am occupying that position and I take orders from no one. The matter is not within the province of the Governor, and I don’t belicve he has made any such promise as you mention.” Brady to-night wvisited the Governor, and npon his return from the capitol knowledged he could ebtain no prom of immunity from the State executiy HOT SPRINGS, Ar Nov. 1.—Within twenty-four hours the atmosphere of the Valley of Vapors will have been cleared of ilists and pr a. In fact, only the mited railroad scheduie prevents that condition from prevailing to-night. Many of the wisiting members of the sporting fraternity went to Little Rock with Cor- bett this morning. Scores more, depressed and disgusted, departed for home this afternoon, and those that remain have packed their grips and paid the bils, pre- paratory to shaking the dust of Hot Springs from their feet after an early breakfast. c- So sure were the local people up to a| late hour this afternoon that at least the minor mills could be brought off that a contract was let for the erection of a 30-foot. fence around the ring, to be equally divided between boards and canvas, the interior to have accommodation for 30,000 spectators, and a force of men were present to work. When, however, later fin the day, word was received from Little Rock that the | prospect of Corbett and Fitzsimmons get- ting out of the courts in any shape that would permit of the meeting taking place in this State was worse than hopeless, everybody directly and indirectly con- -cerned threw up the sponge. For Maher and O’Donnell, Stewart and Vendig, who had agreed to find the $10000 purse for Monday’s meeting, declared it off on the ground that the local people could not guarantee protection. and Westcott did the same as to Ryan and Smith. The “Parson” was anxious to make a new match for Ryan and Smith, but Westcott wanted time. Dayies an- hounced that he had offers from half a dozen places in Michigan, and added that he was willing to go to New Orleans or to the Westside Club on Long Island. As to the latter, Westcott had objections to the referee that could not be overcome, Not a member of the citi put in an appearance at the Arlington dur- ing the day or evening. The visiting sports are inclined to place a portion of the blame for the fiasco on this body on the ground that it lacked judgment and decision. With & man like Brady or Davies in entire charge of the affair it is argued that the programme could have been carried out, the Governors and courts to the contrary notwithstanding. Brady and Corbett bear the cost of the ring, which is something like $400. The wives of Fitzsimmons and Julian left for Little Rock this afternoon in response toa telegram. This was the first indication to the sports that the jig was up. MEMPHIS, Te , Nov. L.—There is every indication to-night that the Corbett- Fitzsimmons fight will be pulled off from this city, though it is impossible to get hold of tangible evidence to establish the fact. The city is full of rumors to this effect, and these have been traced to sports who would certainly be on the ground floor of inside information. One of the con- vincing circumetances is that the local passenger agent of the Kansas City, Mem- phis and Birmingham Railroad has closed an arrangement to carry Corbett and party East on Sunday night. e Pheanlx Wants the Fight. PHENIX, Ariz., Nov. 1.—The follow- ing telegram was sent to Julian, Fitzsim- mons’ manager, at Little Rock this morn- ing: ‘“Provided we guarantee protection, how much will we have to raise to pull off fight in Phoenix? Twenty thousand paid in bank to-day toward fund.” A non- committal answer was received from Julian this evening. ON THE EASTERN TRACKS. Closing Day of the Lincoln Park Race Meeting. LINCOLN, NEBR., Nov. 1.—This was the closing day of the Lincoln Park racing meeting, and, with warmer weather, nearly 4000 persons thronged the grand stand and quarter stretch. Four events were crowded into the afternoon’s programme, and de- spite the fact that the wind, which almost reached the proportions of a gale, blew down the homestretch, the time made was good. By all odds the most exciting race in Davies | ens’ committee | 2 competition was the 2:10 trot. Hardly a length separated Altamont and Robbie P in any of the five heats. There was a long wrangle over the fifth heat, Pyle, the owner and driver of Robbie P, claiming a foul, which was not allowed. The special events for record-breaking trials aid not fill. Flying Jib was brought out, but he was in one of his ugly moods, the presence of a running mate seeming to tantalize him. After going the guarter in a spank- ing chip he went into the air, breaking re- peatedly whenever the runner approached, and was simply jogged the rest of the dis- tance. No time was taken. Carbonate and W W P, driven as a team, broke their harness right at the start and the race was abandoned. The success of the present meeting assures regular spring and fall meetings hereafter. 2:12 pace, Ella T won, Thomas Edison sec- ond, Dempsey third. Best time, 2:1134. 2:20 trot, Miss Kate won, Jim Dunn’ second, Agatha third. Best time; 2:2017, 5510 trot, Alamito Won, Robbie P second. 2:1314, 2 srforce won, Tribmont sec- Best tinle, 2:21. i v. 1.—The mile track rec- lowered three-quarters of a second in the fourth race to-day by Forget. Six furlongs, Leaseman won, Little Grove second, Fra Diavolo third. Time, 1:15. Five furlongs, Dewdrop won, Mame G second, Tneresa third. Time. 1:0237. One mile and seventy yards, Sullross wen, Amelia May second, Young Arion third. Time, 1:46. One mile, Forget Toots third. Tine, Six furlongs. Lottie MillS won, Logan second, Ta Ta third. Time, 1:14}4, CHICAGO, I, Nov. 1.—To-duy at Forsyth closed Chicago’s racing season. Eagle Bird was the only favorite to win, but there were no surprises. Sobriquet was disqualified for second place for foul- ing. Garner threw away a race on The Deuce. Four and a hali furlongs, Bob Lee won, The second, Garner third. Time, :591; fur i won, W me, 1:071. rlongs, Legion won, Loki second, Sadie third. Time, :59. So- briquet finished secoud and was disqualified for fouling. One mile, vE'o(r)\l, Don Carillo second, 4 r second, e Bird won, Magnet second, Bowling Gréen third. Time, 1:481 x and a half furlongs, Proverb nd, Jack Gore third. Time, 1 Six farlongs, Zaldivar won, George 1§ second, Bimbo third. Time, 1:213 LATONIA Over won, ¥ n, Dejure o ine furlongs, All , Jane third. Time, v¢anda half furlongs, First Purchase won, Mar second, Clissie B third. Time, 1:14 Six and a half furlongs, Jamboree won, Old Veminion second, Balkline third. Time, . Owners' handicap, one mile, Star Ruby won, Domingo second, Feast third.’ Time, 1 4 six furlong: 1in0X won, Vigars second, Little Bramble third. Time, 120, Bre niels San Jose Road Race. SAX JOSE, Car., Nov. 1.—The High School wheelmen will hold their regular semi-monthly hendicap road race at Agri- cultural P: to-morrow afternoon, The entries are: Joe Belloli, Roy Walter, Roy Black, Will Bl Albert Lautz, Bruce Cottle, Clarence Kiesling, Roy Davis and Norman Kooser. = N WON IN THE TENTH. Oakland Defeats Los Angeles in a Bril- liant Ball Gawme. L0S ANGEL CarL., Nov. 1.—Four hundred people this afternoon witnessed the best game of baseball that has been played here for a long time. It was a ten- inning game between the Oakland and Los Angeles teams, and was for “blood’’ after the second inning. The Oaklands got the lead in the first two innings, scoring six runs, while Los Angeles succeeded in sending but two men over the plate. Oakland made another score in the fifth and the winning run in the tenth inning. Los Angeles made two in the first, two in the sixth, and tied the score in the ninth by making three runs, At the commencement of the Oaklands’ half of the tenth Van Haltren was given his base on an error by Cantillion, and Burns brought him over the home plate by along drive to center field, with no one under it. Barnes madea home run in the first, Irwin made another in the second and Van Haltren duplicated the dose in the third. In the second half of the sixth a ry brilliant double play was made. son made adrive to left field, while Treadway was on second and Mullane on first. McQuaid dropped the ball in left field. Wilson forced Mullane to second, while Treadway held second. McQuaid fielded the ball to second, putting out both Treadwey and Mullane. ful s The game was 11 of ginger from start to finish. The ore ands. Los Angeles.. 24001 20000 0000 2003 1-8 0-7 Batteries—Knell and Spear, Johnson and Wilson, Three-base hit— er. Howe runs—Burns, Van Haltren, Irwin, ued runs—Los Angeles 3,0ak- land 4. 'Base hits—Oakland 13, Los Angeles 10. Errors—Los Angeles 4, Oukiund 4. Umpire— Stockwell. Time of game—2 hours 10 minutes. e JIM HALL IN 4 CELL. The Burly Pugilist Caused Terror in a Cleveland Hotel. CLEVELAND, Onro, Nov. 1.—Jim Hall, the Australian pugilist, arrived here to- day to attend a wrestling match. He reg- istered at the Hollenden, where he pro- ceeded to get theroughly drunk. About 7 o'clock in the evening he started in to bully the guests and hotel attaches. A Mr. R. Pinew, who is stopping at the ho- tel, and who was not molesting the crazed pugilist in any way, for some reason be- came the particular object of his ire. Pinew was sitting down’ reading, when Hall approached him and struck him a terrific biow on the jaw, knocking him half-way across the lobby. Hall next gave his attention to the billiard-room, where he terrorized all the players and compelled them to step playing. The police were no- tified, and an ofiicer, after a long and hard fight, succeeded in placing him under ar- rest. Hall is now in a cell at Central sta- tion. e The Quakers Won. PHILADELPHIA, Pa., Nov. 1.— The clean football score for this year for the University of Pennsylvania was broken to- day when the Chicago Athietic Associa- tion team scored a touchdown upon the Quakers. The game was the hardest fought that has been seen here this year, and Pennsylvania only won by the score of 12to 4. The Chicagoans played the most dashing game seen in this city since Har- vard played Pennsylvania last year. e ot Records Broken at Riverside. RIVERSIDE, Car., Nov. 1.—In the field day contests of the Riverside High School to-day John McNab broke two school rec- ords.” He cleard 5 feet 5 inches on the high jump and made the 100-yard dash in 10 2-5 seconds. SUICIDE OF LUCY PHELPS. Siclkness and a Broken Engagement Given as the Causes. SPRINGFIELD, Mo., Nov. 1.—At1:30 o’clock this afiernoon Miss Lucy Phelps, daughter of Colonel John E. Phelps and granddaughter of ex-Governor John S. Pheips, committed suicide at her home by taking prussic acid. She was prominent in social circles in the State. The family give ill health as the cause. For four years Miss Phelps was engaged toa well-known young man, but the en- gagement was recently broken off. This, by many, was believed to be the cause, but the young man suys that the engagement was broken off by Miss Phelps herself. ——— Break in Pacific Mail. NEW YORK, N. Y., Nov. 1.—The fea- ture of the opening was the break in Pa- citic Mail from 3 per cent to 2714, due to the announcement by President Simons of Panama that his company had definitely decided not to enter into a joint contract with the Pacific Mail. The general list was firm, in some instances a fraction higher. 5 DONE IN DESPERATION Holmes Threw Himself Upon the Mercy of the Jury. NO DEFENSE TO MAKE. An Attempt to Dodge the Charge of Murdering Pietzel Met With Failure. IT WAS A VERY DARING MOVE. But the Man Who Is Accused of Many Crimes Must Answer for Them All PHILADELPHIA, Pa., Nov. 1.—Holmes to-day threw himself upon the mercy of the jury. When the Commonwealth closed its case this afternoon his attorneys announced that they considered the prose- cution had not made ont its charge of murder, and they would rest their case upon the evidence offered by the Com- monwealth and submit no testimony in defense of the prisoner. This decision was made by Holmes upon the advice of a well-known lawyer who was at one time retained by the prisoner. The move seemed like a bold one, but was nnquestionably done more in despera- tion in the hope of influencing the jury and creating the impression ia their minds that, being conscious of his innocence and not having had time to prepare a proper defense, Holmes trusted himself to their sense of justice. In reality Holmes has no defense. The Commonwealth has presented no direct proof that Holmes murdered Piet- zel; their chain of circumstantial evidence even was not as strong as was expected, and but for theadmissionsat various times of Holmes himself the District Attorney would have had a most difficult task in proving the charge. It was exvected that the case would be sensational in the extreme, but after Judge Arnold ruled out all the evidence bearing upon the mvrder of the children the most ghastly features of Holmes’ series of crimes were eliminated. Instead of furnishing any sensation the trial itself has been as dull and uninteresting to the spectators in the courtroom as the major- ity of ordinary murder cases are. But two incidents out of the ordinary have broken the monotony of the proceed- i These were the appearance of Mrs. 1 upon the witness-stand and her pathetic tale of her journey with Holmes, and the testifying against the prisoner of the girl that he deceived into believiug that she was his legal wife. The closihg arguments and the charge will consume the better part of to-morrow, but the case will, in all likelihood, be given to the jury to-morrow afternoon. < Mrs. Pletzel was the first witness placed on the stand. As upon the previous occa- sions she has been upon the stand Mrs. .Pietzel’s replies to the quest:ons asked her were repeated to the jury by an officer, but she looked stronger and more commosed to-day than atany previous time. After a single question Mrs. Pietzel was turned over to Mr. Shoemaker for cross- examination. Mrs. Pietzel in reply to a question said that she had been arrested in Boston on a charge which she believed they cailed conspiracy. These questions revived bitter memories and Mrs, Pietzel had much to do to restrain her tears. The next witness called was Edward H. Cass, the Chicago special agent of the Fidelity Insurance Company. The de- fense suspected some kind of a trap and objected to Mr. Cass. The objection was overruled and he testified that he called upon Holmes’ Willamette wife to learn if possible anything about her husband’s whereabouts, so that he could get him to identify Pietzel's body. Mr. Cass was shown the letters which Holmes wrote him and identified them. These letters have already been published. The strain upon Mrs. Pietzel upon the stand broke her down, and when she was taken into the corridor she became hy terical, and her screams penetrated the courtroom. She was carried into the Dis- trict Attorney’s oflice and restoratives were applied, and she became quict. After Mr, Cass identified the letters he was turned over to the defense for cross- examination. Only a few questions were asked him and nothing of importance was developed. Dr. Henry Leffman, an expert chemist, took the stand and described the different effects upon the human body of chloro- form taken internally and inhaled. Mr. Rotan put the witness through a close line of examination tending toward sus- taining the theory of the defense that Pietzel committed suicide. He brought out some points favorable to this theory, but in the meantime the testimony of Dr. Leffman was adverse. The defense de- veloped what will be its specific denial during Dr. Leffman’s examinatior. Dr. Mattern gave some unimportant tes- timony and Mr. Graham gave notice that the case for the Commonwealth was closed. Atlo'clock the court took a recess until 2P M. ‘When court reconvened at 2 o’clock Mr. Rotan said there was a reasonable doudt from the evidence that Pietzel was killed in the house at 1316 Catlowhill street. Mr. Rotan asked the court to either discharge the prisoner or charge the jury to Acquit Mr. Holmes. Mr. Graham said Mr. Rotan’s request was so ridiculous that he would not even reply to it, and Judge Arnold re- fused to make a rule discharging the prisoner and said that the case must go to the jury. At the earnest request of counsel for the defense a half-hour’s recess was granted to arrange the line of defense. Mr. Rotan and Mr. Shoemaker returned to court at 3:150’clock and held a five minutes’ con- sultation with Judge Arnold and Mr. Gra- ham, at the conclusion,of which the Judge directed that Holmes be brought back to court. After the prisoner was brought in it was announced that the defense would rest its case on the Commonwealth’s tes- timony. Holmes was brought in directly, and, although it must have been a trying mo- ment for him, he showed no evidence of discomposure. Mr. Rotan stated that they had arrived at this conclusion because the lack of time prevented them bringing im- portant witnesses from a distance, and also because they felt that the Common- wealth had not made out its case. The defense was willing to rest with the pro- viso, however, that the court did not hasten them with their speeches and would allow the case to go over until to-morrow. ‘This was agreeable to Mr. Graham, and it was agreed that the closing arguments of both sides should be made to-morrow and the case given to the jury, and the case adjourned. TWO MARRIED MEN ELOPED. They Induced Daughters of Wealthy Nebraska Farmers to Flee With Them for Safety. LINCOLN, Nesr., Nov. 1.—The little town of Waverly, a few miles from here, is much excited over the elopement of Dr. G. A. McCandless, the leading physician of the place, and E. R. Vining, a druggist, with Alice Miller and Nancy Ward, daughters of well-to-do and respectable farmers living near there. Both McCand- less and Vining are married and have children, a danghter of the doctor being about the same age as the young girl with whom he has fled. Both men, though they moved in the best society, are said to have been leading double lives. An effort will be made to effect their arrest. —_— ACTOR FOOT CALLED DOWN. An Alleged Little Blackmailing Scheme Nipped in the Bud. DENVER, Coro., Nov. 1.—Richard Foot, aSan Francisco actor, was brought into police headquarters to-night and roundly reprimanded by Chiet Detective Farring- ton, who had nipped in the bud a scheme to extort blackmail of prominent Republi- can politicians. Last Tuesday evening at & mass-meeting in the Broadway Theater Mrs. Foot, wife of the actor, had given a recitation, and the committee had tendered her a sum of money for her services. Thinking he had an easy graft, Foot un- dertook to raise some money on his own account, but he was detected. — FOUGHT A DEADLY DUEL, Two Democrats of Kentucky Had a Mortal Encounter on the Street. Both Receive Bullet Wounds From Which They Soon Suc. cumb. LEXINGTON, Ky., Nov. 1.—A deadly duel with pistols was fought in Leslie County Wednesday night between two Democrats, Hon. Pierce Bentley, who rep- resented that county in the Legislature one term, and Abija Hignite, a county politician. Hignite was making speeches against General Hardin, the Democratic nominee for Governor. In a speech Wednesday he denounced Bentley as a member of the “gang’” and meeting him in the afternoon about 5 o’clock both men | | drew their pistols and began shooting. Hignite received a wound in the right arm and another over the heart, dying instant- ly. Bentley was struck in the ne:k, sever- ing his spinal cord and died within a few minutes. ELmvig il Fighting for Book Material. NEW YORK, N. Y., Nov. 1. —The Cuban Junta in this city has received in- | formation that Hubert George Lyulph Howard, second son of the Earl of Car- lisie and now in his twenty-fifth year, has succeeded in joining the insurgent army and isnow a captain under General An- tonio Maceo. Before sailing from this city for Cuba the young Englishman an- | nounced that he intended to join the in- surgents so as to obtain material for a MEANS A BIG STRIKE, American Railway Union Men Lock Horns With Mr. Jim Hill. AGREEMENT IS VIOLATED The President of the Great North- ern Refuses to Treat With the Arbitrators. GRIEVANCES MUST BE RIGHTED. So the Entire Line From St. Paul to the Coast Will Be Tightly Tied Up. ST. PAUL, Mixx.,, Nov.1.—The Great Northern Railroad Company and the American Railway Union are about to enter into a fight to the death. The union has been charging for a month past that the company has not been living up to the famous Hill-Dabs agreement of May, 1894, and on October 14, at Devils Lake, N. D., the union appointed what is called a me- diation board, authorized to settle all dif- ferences with President Hill. This board came here on the 30th and asked for a conference directly with Mr. Hill. The magnate’s secretary wrate that Mr. Hill wasoutof town. Upon his re- turn the next day he directed his secretary to write the board that Mr. Warren, the general manager, would deal with them. Mr. Warren wrote that the men on the board were not employes of the company, and refused to meet them. The board and a committee of employes then wrote Mr. Hill that theywould give him until 10 A. x ovember 1, to meet them. To this proposition Mr.Hill made no answer whatever, whereupon the union's representative wrote the Great Northern presidentas follows: “You have arbitrarily refused to treat with us. The matter is again in the hands of the men. We know the situation, just where every man stands, and they will demonstrate the fact that we do represent the employes of your company. We now leave the city and any business or commu- nication can be addressed to Sylvester Kelliher, Minneapolis, Minn."” In an address to the public the A. R. U. committee says: ‘“I'he greatarmy of wage- earners, business men and farmersall along the Great Northern system are with the A. R. U. as against corporate tyranny. The peopleof this country need not be sur- prised to see the Great Northern system tied up tighter than a drum from St. Paul to the coast, and remain so until President Hill signs the documents which the men bave prepared and which are nothing more than the fulfillmentof the agreement made in May, 1894, by President J. J. Hill for the Great Nortiiern system, and Presi- dent BEugene V. Debs for the American Railway Union. Our men are opposed to strikes, but they are the only means they have for protection against wrong and im- position, and Mr. Hill has left them noth- ing else to do unless they want to accept slavery.” book upen Spanish methods of warfare. For additional telegraphic news see Pages 8, 9 and 10. NEW TO-DAY- HOSIERY AN Y GOODS. UNDERWEAR BARGAINS FOR T0-DAY'S TRADE! urday patrons we make DERWEAR at Prices It Will Pay to With a view to meeting the wants of our Sat- a special offering of the | following lines of WINTER HOSIERY AND UN- Take Advantage 0f! HOSTERY and UNDERWEAR At 15c a Pair. 100 dozen CHILDREN’S BLACK RIBBED COTTON HOSE, double knees, beels and toes, seamless, guaranteed fast black, regular price 20c. At 85c a Pair. 100 dezen LADIES’ IMPORTED BLACK CASHMERE WOOL HOSE, high spliced heels, double soles and toes, | worth 50c. At $1.25 Each. dozen LADIES’ JERSEY RIBBED ALL WOOL VESTS, high neck, long sleeves, ankle length drawers to match, white and natural, regular price $1 50. CORSETS. ~ CORSETS. At $1.00. 75 dozen LADIES’ CORSETS, made of fine English coutil sateen, striped, long waist and high bust, made with patent loop eyelets, perfect French model, regular price $1 50, will be offered at $1 each. 75 HEN'S UNDERWEAR! At 15 Cents. MEN'’S EXTRA FINE CASHMERE WOOL SOCKS, full finished, double spliced heels and toes, good value for $3 a dozen, will be oifered at 15¢ a pair. At 25 Cents. MEN’S EXTRA HEAVY AUSTRALIAN LAMB’'S-WOOL SOCKS, warranted thoroughly shrunk and with double heels and toes, good valune for $450 a dozen, will'be offered at 25c a pair. At $1.00. MEN'SHEAVY AUSTRALIAN LAMB'S- WOOL UNDERSHIRTS and DRAW- ERS, warranted thoroughly shrunk, extra good value for $150, will be oi- fered at $1 each. At $1.50. MEN'S EXTR A HEAVY CAMEL HAIR UNDERSHIRTS AND DRAW- ERS, with triple stitched seams, good value for$2, will be offered at$1 50 each. At TS tan, also black, regular value $1 25, will regular value $1 25, will be offered at 75¢ EEISA el GLOVES! BZ85iaa Cents. 3000 pairs 7-HOOK FOSTER UNDRESSED KID GLOVES, colors brown, slate and be offered at 75c a pair. At 75 Cents. = 3000 pairs -BUTTON LENGTH MOUSQUETAIRE UNDRESSED KID GLOVES (with Foster hooks at the wrist), colors brown, tan and slate, also black and white, & pair. Murphy Building, 4 Warket and Jones Streets Murphy Building, Market and Jones Stregts.