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ed out any basis in fact. It could not have >v- been made It Spain has beta cognizant of fht tho constant efforts thin government has >od made at the cost of millions and by the tsh employment of the adminl?tratlve ma* nd chtnery of the nation at command to perform Us full duty according to the law of In the nations. That It has successfully ut prevented the departure of a Bins}* millIn tary expedition or armed vessel from our >us chores In violation of our would -eq seern to bo a sufficient answer. But of re- this aspect of tho Spanish note It Is nor led necessary to apeak further now. Firm Is- In the conviction of a wholly performed ud obligation due response to this charge its has been made in diplomatic course, of Throughout all these horrors and danbo gers to our own pea*e this government us. bus never In any way abrogated its sov>ut ereign prerogative or reserving to itself an tho determination of Us policy and jn. course according to its own high sense of tur right and in consonance with the clearest of Interests and convictions of our own peosee pie should the prolongation of the strife I'd, so demand. ol, Of the untried measures there remain in, only: Recognition of the Insurgents as ho belligerent; recognition of the Independof enceofCuba; neutrallntervention to end the war by imposing a rational comproIn inise between the contestants, and internes vention In favor of one or the other parla ty. I speak not of forcible annexation Tn for that cannot be thoucht of. That bv 4,1 '1 ?_ ^Interests, besides throwing enhanc burdens of neutrality upon this gc eminent. In 1878 peace was brouj about bv the truce of Zanjon, obtain fcy negotiations' between the Spanl commander, Martinez de Campos, a the Insurgent leaders. The present Insurrection broke out February, J895. ,It is not mv purpose this time to recall lt? remarkable crease or to characterise Its tcnaclc resistance against the enormous fon massed against it by Spain. The- i volt and the efforts to subdue it currl destruction to every quarter of the land, developing wide proportions a defying the efforts of Spain f?>r suppression. The civilized code war has been disregarded, no less toy the Spaniards than by the Cuba: Tho existing conditions cannot I All this government and the Amorli' people with the gravest apprehensli There Is no desire on tho part of c people to profit by the misfortunes Spain. We have only the desire to i the Cubans prosperous and content' enjoying that measure of s"lf-contr which is the Inalienable right of mt protected In their right to reap t benefit of the exhaustless treasures their country. The offer made by my predecessor April, 1836, tendering the friendly offli of this government, failed. Any med tion on our part was not accepted, brief, the answer read: "There la effectual way to pacify Cuba unless begins with the actual submission the rebels to the mother country." A CRUEL POLICV. Then only could Spain act In the pi mlsed direction of her own motion a qfter her own plans. The cruel poll of concentration was Initiated Feb! ary 16. 1806, The productive dlstrl controlled by the Spanish armies wi depopulated. Tho agricultural inha tanta were herded In and about (he gi rlson towns their lands laid waste a % their dwellings destroyed. This policy the late cabinet of Spain was Justified a necessary measure of war and as means of cutting off- supplies from i insurgents. It has utterly failed us war measure, it was not clvllls warfare. It was extermination. Against this abuse of the rights war I have felt constrained on repeal occasions to enter the Arm and earn protest of this government. There w much of public condemnation of 1 treatment of American citizens by : , leged illegal arrests and long impr onment awaiting trial or pending pi traded judicial proceedings. I felt my first duty to make Instant deina for the release or speedy trial of American citizens under arrest. T fore the change of the Spanish oabli In October last, twenty-two prlsone citizens of the United States, had bt Klven their freedom. For the relief of our own citizens, si ferlng because of the conflict, the aid Congress was sought In a special m saqe and under the appropriation April -I. 1807. effective nid has been g en to American citizens In Cuba, ma nf them at their own request havl been returned to the United States. Tho Instruction.! given to our new m inter to Spain before his departure for post, directed him to Impress upon tl government the sincere wish of f United States to lend Its aid toward i ending of Us war In Cuba by roachini peaceful and lasting result. Just and he orable alike to Spain and to tho Cub people. These instructions recited f character ami duration or the eonte the widespread losses It entails, the bi dens and restraints it imposes upon with constant disturbance of national teresis and the Injury resulting from indefinite continuance of this stata things. It wan stated that at this Jui ture our government was constrained seriously Inquire If the time was not V when Spain of her own volition, nun by hor own Interests and every sentlnv of'humanity, should put a rftop to t destructive war and make proposals mttlemcn'Mionorafete io herself and j1 to her Cuban colony. It was urged tl ns a neighboring nation, with large forests In Cuba, we could be required iva.lt only a reasonable time for i mother country to establish Its author and restore peace and order within borders of the Island; that we could i contemplate an Indefinite period fur accomplishment of this result. No so tlon was proposed to which the slight Idea of humiliation to Spain could att and Indeed precise proposals were wl held to avoid embarrassment to tl mtverimien':. All that was asked or . t>edted was that some safe w'?y might speedily provided and permanent pei nwtored. It so chanced that th c?n> eration of this offer. nddrva;ed to mi mo Spanish administration which 1' declined the tenders of my prefaces: and which for more than two years i poured men and treasure Into Cu.ba li th? fruitless efforts to suppress the volt, fell to others. Hot ween the depa wre of i ienercl Woodford, tb? nuv i voy, and his arrival In Spain '.he st'al man who had shaped the policy ot" countrj fell by the hand of ;<n assast and alfhftigh the cabinet of the late p tnler fctill held office and received flour envoy the proposals \u- bore, tl cabinet gave place within a f*w <h tnercactc: to a new administration i der the leadership of Sagasta. THE REPLY OF SPAIN. Th? reply to our note was received the 23rd day of October, it is in (tie rectlon of a better understanding, appreciates the friendly purposes of t government. It admits that our co: try is deeply affected by the war In Cu and that Its desires for peac: are |i ft declares that the present Spanish g. eminent ts bound by every c.?iiiflderafl to a change ,.! j?olley thai' should satli the united States and pacify Cuba wl In a reasonable time. To this end Sp. has decided to put'Into effect the pollti reforms heretofore advocated by i present premier, without halting for a consideration in the path which In Judgment loads to peace. The milltn operation*. It Ifi said, will continue I will be humane and conducted with vpctM for prlv He rtjjlite, bolnit mvo panted by political notion leading to i autonomy of Cuba while Riurdlii? Hpi l?h xuverHgnly. TIiIh. ft It , | iimrd. v ruiult in Invmlnic Cubit with ,t tu-nnnallty; the I l;in.| tn ho Boiti'rn-.l in i:*r-.Mitlvc nnd by .1 local onunrtl i:l??it>vr, rr?enin? 1 . Spain the cont "f till) f.ir.-lcn rolatlowi. rlio nrmr ,i navy nnil tin* Judicial niln;]fit a IraHon, HiN'onipllKh Hits ih" present Kovcriuni J'ropoi. ^ 10 modify i>xl?t1ru; |,-K|n|,, [ by decree, lejvtiiir ttio Hpanl.h onrl with til'1 all of Cu In) n flnnntont and ,! the to hoIvi' I ho "'onornlo problem .1 properly dlalrtbulo the , xlming rlehi In Urn ahncnco of n detdnnitlon of 1 ni(.i?iircn Hint 11,1,1 (toi. inm'-ni propm 01take In nirrjIriR out itn |nnrr?r ?r It "IIKK- ?t 1 tli.it Hpnlo ho I,-ft r to tool military ,,u 'ratloim anil itn Pollti, m| re form while |'||. Cult,.,| ;||a for Itn part rflmII onftJtre tin n< utrnl ttntloiw and cut ofr in,. , ?iHll It In as.^ rlml th.- Inmirfi' iito 1 ' rive fri Mil* r niniry, Tho KUpp'odthin of nn ih finite prolongation of tho war In 1 Wed. It I* n Keeled thin th.. wei|. Jirovlnr.,< nro nlrondy well iiIkIi reclnl l; thru tho planttiiK or <*? ,,,?| , ,|? ?> therein hnK.lioon rmutrT l mut Hint fotVK Of ormii niol tioiv ami nmplo form" v. , y early 111,1 cotn|i|i t.. in, tlon In 1 tor ltd for. COST OK MAINTAININd UK TIIAMTY. Tho Imrn">ll.i('- nrni-ll 'iMltoii of rx! Ine condlHomi nmlor tho new admin tuition ot Cuban nfTnlro 11 prodli i d n thoiowlilml tlio dUturtiam and all , ' ""l,,n my (dmnvr 1,1 . i||f,,.| , ?? , pari of tho IlnlK l f |??,,, . tho (Iiicntl.in of III.. Intrin.i:ioiinl din nnd fnpo, 11,11111. ,,r |,?. |,n|' Ktiileii in Hpaln llndor.lni llnin. h prono tried tvllh an .1 I'mc-nl Illafimiltlim to 1 It.Iff u* tv111, fn urt In thli reifird. Thin iluri; i? wii no our codo' of morality would lie criminal It aggression. Recognition) of the belllgerof ency of the Insurgents has often been canvassed as a invwible if not Inevitable step both in regard to the previous ten yeara struggle and during the pfesent ro" war. nd BELLIGERENCY RESOLUTIONS. lcy P am not unmindful that the two houses of Congress in the. spring of 189G 3rJj expressed the opinion by concurrent resbl oluticn that a condition of public war U-- existed requiring or justifying ihn recofind nltlon of u crate of belligerency In Cuba, of and during th? extra session the senate ,uh voted a joint resolution of the liko ima port which,- however, waa not brought lo ho il vote in the house*of representatives, a In the presence of these significant ex:ed pre?8ion? of the sentiment of the legislative branch it behoove* the executive of to soberly consider the conditions under ;qi! which so Important :i measure mut>L eat needs rest for Jmrtllleutlop. It Is to be rdfl seriously considered whether the Cuban ho Insurrection possesses beyond dispute nl_ the attributes of statehood which alone ja. can demand the recognition of belllgerro cnoy 'n Its favor. Possession, in short of it the essential qualllleatlous of sovereignnd ty by the Insurgents and the conduct of .,11 the war toy them according to the re }e. L*cjvca cuuu in ttiu- aiv mi I'-r.i uupui wmi. lct factors toward the determtmttlon of the ,r8i problem of belligerency than ar? the inierJ l!uenci'd ami consequences of the struggle upon t'hc Internal policy of the recognu4f. Ing state. 0f The wise utterances of President es. Grant In his memorable message of De? ,'if cember 7. 1S75. nre signally relevant t<> iv- the presen*. situation In Cuba anil It ny may be wholesome now to recall them. [yr At that time a ruinous conflict had fo? seven ?veara wasted the neighboring Isln. land. During all thoss years an utter l!lfl disregard of th? laws of civilized wartat fare and of the Just demands of hull,0 inanity, which called for the expressUl0 Ions of condemnation from the nations j a of Christendom, continued unabated. );i? Desolation and ruin pervaded that pro,an dnctlvo region, enormously affecting Hie the commerce of nil commercial na!st, tlons, but that of the United .States ur- more than any other by reason of proxus, lmlty and larger trade and intercourse. In- At that Juncture General Grant uttered an these words, which now. as then, sum of up the elements of the problem: ic- GRANT'S WORDS RECALLED. I*? "A recognition of the Independence of red ^u,Ja being In my opinion, lmpractlcasnt ble and Indefensible, the question which bin next presents itself Is that of the recognltlon of belligerent rights In the "st partleJ to the contest. In a former 1at message to Congress he had occasion to consider this question and reached to the conclusion that the conllict In Cuba, the dreadful and devastating as were Its Inll>' cldents did not rise to theifearfui digthe tiity of war. It Is possible that th?* 1,01 aot;; of foreign powers, and even acts of Spain herself, of thin very nature, 'u* might be pointed to In defense of such recognition. Hut now, as in Its past u?" history, the United States should earc!l1" fully avoid the false Ilirhts which 1:11 might lead It Into <he mazes of doubt '*" ful liw and of 'questionable propriety. and adhere rigidly and sternly to the !lj? rule, which has been Its guide, of doing ;Jf" only that which Is right and honest and of good report. Hip question c?r aelaf* cording o.* of withholding rights of belSOj ligerenev must bo Judged in every 1,1 ease,In the viewof thopartlcular attend*l? Ing facta. Unless Justified by iipposRlty, It Is always and Justly, regarded I as an unfriendly not and a gratuitous demonstration of moral supporc to the I "T" rebellion. It Is necessary, and It Is re.ip quired, when the Interests and rights of another government or of Its people are " ho far affected by a pending civil con. 11 let as to requlr a definition of Itn relation.! to th.; parties thereto. But _ this conflict must be one which will bo " recognized In the sense of International law as war. "Belligerence, too, 1m n fart. The morion existence of contending armed bodies. ,|i. and their occasional conflicts, do not .. constitute war in the sens.1 referred to , Applying to the existing condition of I"1* affairs In Cuba the tests recognized bv [ ,n* publicises and writers on International 1 law. and which have been observed by IH** nations of dignity, honesty and power. >v" when free from sensitive or selfish and 'nrJ unworthy motives. I fall to find in the Insurrection th-- existence of such a 'h- substantial political organisation, real, palpable and manifest to the world, having the forms nnd capable of tho I"r> ordinary function* of government toward Its own peoplo, and to <Jther lt!4 states, ivith court1* for tho admlnlstralry t ion of Justice, with a local habit it ion. )u* possessing such organisation of force, nl* such material, such occupation of t*rrltory as to take the contest out of the i"1'' category of a mere rebellious Insurrectlon, or occasional skirmishes, and place '1!; it on the terrible footing of war, to !rl which a recognition of belligerency " v would aim to elevate it r?j HKCCXINITION OP HKhLTOtiRKNCV nd UXWISM To "The contest, moreover, Is solely o!i land; the Insurreestlon has not possess/. ed itself of a single seaport whence It ?u* may send forth Its flag, nor has it nnv nd mean* of communication with foreign powers except through fhe military bo lines of tin adversaries. No apprehen*es slon of any of those sudden and difficult Mid complication# which a war upon th?ive mi. in i.4 apt to precipitate upon (h? mt vessels, both commerefal and national, ten and upon tllf consular ofllcers of other II- powers, calls for tho definition of their leh relations to the parti"-, tn the enntcsi. on t'onsldercd as n i|iiesllon of expediency. In- | regard the accordsni' #?f b?lllgpren' le- rights still to be mh unwise nnd prnma rn tine as I regard li to be, at present, Inm defensible mm a measure of right. ip* "Such recognition enl ill# upon the by country according lh' lights which flow from It* dlflb'tilt and pompllpaled du' * lien, and require* Ihe exo< tlon from th contending I'artler of the strict ohxervI' an< e "f their rlnlil mid oblli 11 Ions ft I .infers th" light of -'oreli ujoii '111 high seas by vessels of both parlies; It 1,1" would subject the cm t ying of urtiiM mill Is- munitions of war, which now tniy be I nd transported freely and withoul bit- I nipt Ion In vo-h"Im of the United Hlste' ! tn delenllon and In possible solauio; it Itf would give rise to emintl'ss vexation* i/,, quest Ion*, Would relcnse the parent gov eminent from lesprnisifilllty for mtM ,i. done bv the ilUlllfgcntN and would lov e s I H pa III Willi the i Ik li I to exerefHo the supervision recognised by our h* < iiiilliitird on ?lilti l*ng?. WISE AVOMEtf. ?a Those Who Head the First Symptoms of Nervous Derangement. Special from Mrs. Pinkham. A dull, aching pain at tho lower part of the back and a sensatiou of little rills of heat, or chills running down tho spine, are symptoms of general womb derangement.. If these symptoms are not accompa* nied by leucor- >y^w ^ rhcea, ibtog toins. Any woman of com- || HM ?\ >0 mon sense will ' rj| I \\^ take sjeps to ^ I \ ?W cure herself. | I | ^ Bhe will realize that I \ 1 \ her generative system l( \? ?\ fs in need of help, aiul ' V that a good restorative medicine is a positive necessity. It must he a medicine with specific virtues. As a friend, a woman frieud, let me advise the use of Lydia E. Pinkhain's Vegetable Compound. If your case has progressed no that a troublesome discharge is already established, do not delay, take the Vegetable Compound at once, so as to tone up your whole nervous system; you can get it at any reliable drug store. You ought also to use local application, or else tho corrosiro discharge will set up un iullaiumatiou and hardening of tho parts. Mrs. Pinkhain's Sanative Wash is put up iu packets at 25 cents each. To relieve this painful condition this Sanative Wash is worth its weight in gold. M us. George W. SiiKPARD.Watervlict, N. Y., hnys: " I am glad to state that I am cured from the worst form of'female weakness. I was troubled very much with leueorrhooa, bearing-down pains and backache. Before using Mrs. Pinkhain's Remedies it scexnel that I had no strength at all. I was in pain all over. I began to feel better after taking the first dose of Vegetable Compound. I have used live bottles, and l feel like a now woman. I know if other suffering women would only try it, it would help them." THE WHEELING PARK Association Stockholders Hold Their Annual Meeting1. Last night the annual meeting of the stockholders of the Wheelihg Park Association was held, Judge O. W. Jeft'crs presiding1.' The old hoard of directors was ro-el(jctod, as follow*; Anton Reyinann, August Rolf. Henry Rlcberson, L. F. Stlfel.. H. F. Rohrcns, F. Laupp, Paul O. Reyminn, F Ritstcr. Conrad lllr.seh, John A. Hess, George Hook. The dinvtors elected the nresentiofll corn, as follows: Prcslden t?A n ion Reymann. Manager?August i^'lfSecretary?Conrad Hlnsoh. Assistant manager? Ernest Kricger. Plans for certain Improvement.! at the park next season wore discussed ?it the stockholders' meeting, but nothing tloflnlte was determined. Receipts the past neason showed a comfortable increase, but "there was also an Increase In expenses. The net result was also an Increased profit. A BRILLIANT AFFAIR. The Dancc Given by Mr. Jule Hearno in Honor of Visitors. The dance given at the Carroll Club lost night by Mr. Julo Hearpo in honor of Mrs. Clark Armour ami Mis# Tough, of Kansas City, was a brilliant affair, and was attended by a notable assem binge. The entire club,house was given over, and was transformed Into n wealth of light and llowery. Assisting Mrs. Armour and .Miss'Tough in receiving1 were Mrs. Williarr. Hearne and Mrs. <1. A. Aschmun. The auditorium was the s^no nf the terplschorean pastime, the Opera House orchestra making the melody, liasy chair* distributed judiciously gave a pleading air of comfort, and the other parts of the building were as tastefully furnished. ZUgent'eldcr was the caterer. _ AT HBARNJ3 TABKRNACIJ3. The members and frlemJj of the Hearno tabernacle congregation last night wore treated'to the Illustrated 1 tun? "Greenland's Icy Mountains." delivered by Rev. R. R. Rigger, of th Third Pres'byit'rl/in church. Ov?r 300 people were present, forming an audience that was delighted with th" lecture, which was :t micces? in every respect. Thi views, about fifty In number, were nufte realhtlc. The lecture will !> repeated at thi- Third Presbyterian church to-night. AT MT. PR CHANTAU Th ilranuitUr club at the Mount, gave for last week's Saturday entertainment, "The Minstrel*." The following young ladles rendered a delightfully humorous programme of song* and dancing, closing with a genuine ninekvilb* cake walk: Miss Rlanche Loughney, Ml.-s Manette Joyce, Miss Kate O'Brien. Ml.?s Florence I'mbergcr, Miss Francis McQu.lld. Miss Julia Montague. Miss Mary MaeR.'nry. Miss Stella Steinineyer, Mho Mab-llo AHhnwrennd Miss Marl am Aiikenhcll. RECEPTION AT ST. MATTHBW'R A reception Will he tendered this evening to the new rectocof St. Matthew'n I'. K. church, Rev. X. S. Thomas, his wirand mother. The r?"-. i?tIon will occur In the basrmeti'i at R o'clock. A cordial Invitation In extended to the clergy nnd uietub. rHof other churches to be pi-wnt. Ilnu to I'rrvrnl I* 11 r ?i iiifl it In, At tills time o' the \ . ;ir ? eold Is very - ,i iij contt " tudi iimi if loft to fun Ms course without the old of some reliable cough medicine, Is liable to result in that dread disease, "pneumonia. We know of no better remedy to cure n cough or cold than Ohnniberlaln'sCough Remedy, We have used It (julto extensively, nnd Jt has ulways given Mitlhi ftnlInfiirlIon." olg.th, ind. Ter, Chief. This Is the only remedy that l? known t?> be u certain preventive <?f pileuinoiiln Among the many thousands \vho have lined II for colds and la grippe, we have never V' I learned of :t slngl' ense having re?ulled In pneumonl i Persons who have weak Innit < or have 'e.mon to fenr an allack of pneiitnoola, should keep the letnedy at innd The 2fi and Go cent s1y.cn for sale by drugfbtg, HIVKH are not danger-ms lo life, but tliev are .t proline bn of inlserv nnd pro'nuiiv. I'oair oUntnetii givcH Instant relief, even l? |he Wol'St eases of tlil** and other exu'pcratlng (Hnoiisoh of tin ^ \ II\\I*. t'OlMOillcnil I lift ? V11 (? Irnofltln I.WimImUII <; M111M III HI Ifi'l A I O '? llll,? tlo nnd hear Wheeling's flncul singers at l< Ink m IlaiiKhti rH' < inn ' rt and i oelal in 11 vthlan sits tie lo-nlghl, In nlnnlug at 7.ir? o'clock, Admission I'D centi. Kiel, had been secured anil ihe opening jj statements. by state and defense were ,s made. Judge Jlugu.s intimates that night sessions will l?e Held throughout n the week, it being thought nearly cer- f? tain that a yen with night sessions the .\ trial will hardlyjreacU its conclusion ,| next Saturdays f( Bovver*, of course, was Jn the court room yesterday while the jury panel j( was being tilled, ana lie maintained the tl same stolid and indifferent demeanor u that has been a remarkable phase *Lt! i(! his conduct since arrested, over a Hj month ago. The concluding feature of the day wu? the statement of the case to the jury by Mr. Meyer, for the state, and , Mr. Schuck, for the defense. This ;l' morning the taking of testimony will ' begin. As . usual, the state will open 01 and its first witness will likely be young George Bowers, upon whose testimony h' depends in a large measure the convlc- t(1 tiom of Jiowers. Tl.c defense has hi eighteen witnesses, and Its greatest ef- ec fort will be to set up an alibi ir% favor p* of Wiley Bowers. It Is alleged that u? Bowers was in Fulton at the time the M murder is claimed to have been com- ? milled. ... tc TIIE MOItNINtTsESSlOH. In Coualilci'alilo I'to^rcki win Marie In the Ci .Miillcr of Mrfiuinc u Jury. C> The morning session of the court was called to order at D:30 o'clock, Judgo ^ Hugus on the bench. Most of the session jn was devoted to securing tho jury. Sev- e<; eral venire facias were necessary before af tho twenty acceptable jurors were had. hc The following were found wanting: Alex lieubout, opposed to capital pun- 7:: ishment. v'. II. Wheeler, expressed a disinclination t<> serve. <! ! John McCruni, would not change his opinion. James Bogard, could not serve. (Jeoroo Pluei, Ills opinion might Interfere. Henry Rempke, could not find a ver- W diet from the evidence alone. l'1 Louis Nelbergull, had formed an opinion. ,ll lid ward Murren, sr.. his sympathy e(" prevented service on the Jury. Louis Huseman. nreludice. Fred Schnub, luul formed an opinion. Jack Hunter, could'not change hid 8l( opinion. George W. Merchant, could not give fe. 'the accused a fair trial. Ralph JJayman, could not change his tc( opinion. Fred Harpfcr, prejudice. Alex o. Maxwell, exchaed on account of sickness. Frank M. Cariin, could not give ac- , cused a fair trial. W A S. Kraft, nothing would change his llj opinion. j? Just before neon adjournment, the is, statf; handed in the following list of its W witnesses: ] Lizzie Kiel, John 10. Smith. Mrs. P. ... 10. Paxton. Klvle Stool, Mrs. John John- ... Hon. Mrs. William Purcoll, Mrs. Charles Hess, Jac.il) Yosh, William Tubaugh. st, Dr. W. P. Megrall, Dr. J. A. Campbell, slJ .Mrs. John Trulber, David Campbell, Mrs. Charles Thonum, Jacob Heyman, Mrs. William Chatterbuek, A. A. Franz- u\ helm, Ileary llrooks, Miss A. Shoen- (ju 1,0t,sje' th AFTERNOON SESSION. sti Sllll our Iaidtlng of Ihr S'nnrl Qtinfn of vj( Twenty. i? The afternoon session of criminal th court opened at '1 o'clock sharp, and the hu making up of the Jury was resumed. The following wore found wanting: an John Itoed. had on opinion. J. Adam lies', could not give do* j fondant ;i fair trial. yj Alex Durst, excused on the strength of n physician's certificate of sickness. pv George l.. Durst, had an opinion. (j0 J. M. Welstllnrf. prejudice. V. A. Henlek, prejudice The defense had the following wit- (ll nesses subpoenaed: (1(i Mrs. Michael Stein. Ml.*s GusMe Stein, -m Mrs. Murv Miller, Miss Emma Yueke, , Isaac Hogard, Mrs. Hill, of Fulton; rharles titcln. of J'leasant Valley; Hen H(l Dunlap. Jr.. Dan Meyers, Jacob Mey- .... man, Alonzo Hells, A If Lewis, of Wheeling; Mrs. Happy, of Slster.-vllle; John .... Smith, Mrs. Amelia !? > . Mrs. Purrell, Mrs. Sehwarz, Jacob A. Yoss, of fcJtack- , yard Hollow. The papers were given to deputies by Sheriff Richards, who at once proceeded to serve them. , The examination of applicants for Jury .honors from the second venire fa- ' clas was continued, only one being V. needed. The first was Henry Meckel, ; 1 whose bias was a sufllclent excuse. Af- N tor ri wait of fifteen minutes, F. S. | to Hasnett appeared and was examined in s. the utmal form by Judge Hugus. lie J" was not sensible of bias or prejudice in . this case. He whs acceptable and the twentieth man had been secured, completlng the panel. Judge Hugus then asked If any had ' conscientious scruples against the In- 811 fllctlon of the death penalty. To this ,,r question, three answered In the afllnn i five, w <\ I lanes, J. 10. llanos and "J1 John W. Norrlimton. This left seven- a'' teen on Ihe list, as follows: , Wllli'tm Helix, W. C Jones. 11. J. >M 1 ' ? do Idolrliec, blnrUioniln, loci, roti|?ll? nilv, 1 inotliy ?kln, llililtiff. i1 nly ?cril|?, dry, tliin, inn' '' fnllltift hnlr, ntul tmby Mrtftlllio* jirevoiitpd by J",1 <'i riet'lU Hii*i',llio infill offcrtbc ?kltl juitlfy Iiik nn?l licioitlfyliiK wmp In tlio tvotlil.n* tvHi tin , jMirenlntul swertcil fur tollut, Imtli, otnl mirwry, ,,,'j @tlcura: titoil) iii,?uifhAiilth* wflftil. IMtTFl I). AKnt'i ro*r., n rmjt?, (IiiMoii r,'iln?toliptullfy th?Milt,"ft* | BLUUU HUMORS clV&ftttitt. |"" BOTH CONFIDENT. I State Savs it will Convict Wiley I Dowers ol Murder I t: WITHOUT A PARTICLE OF DOUBT S c Attorney Schuck is Just as Sure of the hiiioccucc of i t IIIS CLIENT, THE PRISONER. ' r Wliouat Iteceiilly luillcted for the Mar* ^ tier of Dairyman llcury lvlcl The Trlul U OpcutU lu Crluilual Court YcateriUy JIuiuIiik mill U Likely to C'outluuo Throughout the Week?Ills Day S|icut J' lu KlForl* to Complete tlio I'aucl?Jury t Completed at Laat .fight'* Se*?lou?, After 1 Which Opening.Statement! Were Slatlc. r It was a busy day In the criminal c court. Sessions wor^ lu-ut morning, af- * ternoon and evening, and when court a adjourned for the day at 8:45 p. in., the ? jury In the case of the state vs. Wiley ~ .1 -.J..- Unr.?.. Jl Mendel, J. P. Potter, Joseph W. Bier. iVillium Hervey, George Hawkins, Alien Stolze, J. T. Stone, C. II. Herwlg, B. W. Pell. O. H. Medick. John A. smith, Jr., James White, J. M, Dunlap, 3. C. Harry, P. 8, Basnett. The sheriff then renewed his efforts 0 bring in absentees. Again there was 1 tedious wait of fifteen or twenty ninutes, eliding in the appearance of kl. V. Jones, who was excused on aclount of his crippled condition. The third ventre facias was then Irawn by Judge Hugus and Clerk Willon, wilh the hope that the names irawn might be perrons easier to find han those that made up the second vclire facias. At 4:20 o'clock, Sheriff Richards nnlounced that witnesses present in the ourt room were excused until nine 'clock this morning. This was taken ,s a sUre sign the Jury would rot bo ompletedf and many in the audience epurted. At 4:30, W. S. Melton appeared. He /as interrogated by Judge Hugus and elt no prejudice. To Mr. tichuek. Melon said he held an opinion which he light not be able to change when the estlmony was heard. lie stood aside. Lee R. Ilainm followed. He had exiressed an opinion and was a frail! he mid not give the defendant a fair trial, ie was excused. Peter Muhn next appeared. His was case of projudlce against the prisoner, o he was excused. Andrew J. Heifert felt no bias or pre- udlce against the defendant. He could Ive the defendant a fair trial and had o scruples against capital punishment. I eifert was No. IS. i lT. M. Hervey held an opinion which J light make him unable to give tiie debutant a fair trial. To Attorney Schuck Ir. Hervey said it would require evi- i ence to overcome his opinion already ? >rmed. He was excused. i Albert L. Mayor felt no bias or pre- J idice. Ho lud not read Monday's In- < ;lllgencer. It would require evidence I > remove his opinion. The defense chal- I mged. Meyer was excused when he < tated he could not luy aside his opln- * m. i Harry E. Hlllman felt no prejudice. I ,'e had formed an opinion ami thought t & WQUld be unable to give defendant a ] ilr trial. Like a hundred and one t hers, Mr. Hlllman "stood aside." I William A. Miller felt no prejudice or J ias. He had not formed an opinion as * ' defendant's guilt or Innocence. He I id read the newspaper accounts, but u )Uld give tho defendant a fair and 1m- t irtlal trial. lie had no scruples t ralnst Inflicting capital punishment,so a iller became Xo. 19. Evidently he c id n't want to serve on the jury and t ?-? .1 ft IIU lilt' JUUftu llu >v?o Jtutu v>? I.vu. IK" t 'Tou hoar all right," responded the J >urt, and a general laugh at Miller'* f ipense. followed. At 5:30 o'clock thorp was another ted- n us wait, the deputies seemingly being f mble to unearth the men they were n search of. Only one man was need- s I to complete the panel, and It looked i thought it would take an evening sslon before he could be secured. At C p. m. court took a recess until JO p. m. THE N10HT SESSION. ? le Panel Completed When the Third ^ .UIIII Wat Urolith! in At the night session, which began at r? 50 o'clock, the panel was speedily cometed." Thomas Deegan and Walter oods were rejected, having expressed s elr respective opinions of the crime. c The next man, Daniel Brown, "didn't a ke any newspapers" and was unblasand unprejudiced and proved satis- c ctory to both state and defense, r ius the panel was completed. < Then the state and defemic each ruck four nanrfes from the panel. Those struck from the list by the dense were an follows: VV. C. Jones. H. .T. Mendel. J. F. Pot-, r and T. S. Basnett. rhose struck off by the s(a(n were: William Hervey. J. T. Stone, t?. If. mllek and John Smith, jr. P riils loft the Bowers Jury composed the following: If llllain Belt*. .T. W. Birr, ei *orge Hawkins, Albert Stolsse, c* larles II. 1 lor wig", B. W. Pell. a ,mcH White*, .1. M. Dunlap, (\ Hnrr.v, ? A. J. Selfert, bi . A. Miller. Daniel Brown. It was shortly after S o'clock when the ry had been announced. Then Prosetins Attorney William C. Meyer mleased the Jury, making the opening ? itemeut of the case on behalf of the J up. Air. Meyer said, In efCect: 13 Wiley Bowers has been charged with . e taking of a human life. The Jury cl ould carefully weigh the evidence ad- . iced In this trial and seek for the mo- cl fe that firomptcd this crime. If the . . ite produces evidence of a direct nu- c re, showing that Henry Kiel njet a . dent death and that the defendant tended to kill him with malice afore- . ought, leveled that gun and sent th-* illt?t speeding through Kiel's body, .r en the Jury must find a verdict of ^ lilty. This will be proved by positive jj id direct evidence, which will be amcorroborated. I,. Mr. Meyer then quoted from the West n rjjlnla code the sections regulating j? i? punishment for murder,and said the ^ idcnce would Justify a verdict of first C( greo murder, rhi! speaker then described the murr In all Its harrowing detail, and paid e sfnte would prove Bowers had kill- ^ Kiel without the least provocation. ,v le act, lie said, was Incited by the dietea of a depraved nature, n depravity deep that the man was lost ao all use of the duties man owes' to man d to society. The crime had been mmlttcd In ambush. Bovvers had ielt 011 the ground, and hero lying in lit, with no one but his own younger other, shot Mr. Kiel in the back and ni en robbed him. From this the speak- P( advanced the claim of wilfulness, a [ meditation and deliberation. Proceeding, Mr. Meyer detailed the >vements of Bowers and his brother that fateful second of November, ii tic over a t\vclvo*month ago, and owed how careful Bowers had been take steps to conceal IiIr connection th the crime. The crime was com- " tied by a man well acquainted with , surrounding country, lowers often tits over this same ground. did .. t kill Kiel at night because his habit ? is to remain indoors then. Mr. Hchuek, for the defense, made his itement to the Jut v. The Innocence the necused niust ho presumed until p state has proven him guilty. lie int be proved guilty beyond .i reasonle doubt, and It should be rememberthat at all times the burden of proof upon the stale, if thei<> H the lonst ubt, the Jury must acquit the accused nil. The defense, he said, would nve beyond doubt the innocctico of lley Bowers. 'I'he defense would nlprove that the charge ugaliiHt Bow h a trumped up nffalr, the motive Ing to bin I lie reward offered for the pture of Kiel's murderer. ~'ouit adjourned until thin morning, Circuit Cumi, Before .TuOrp llervey, yesterday, In e case of tin I'll \?ell Supply Coin- ii ny vs John lv (Mntor. I bet e was a rdloi lor plnllitlff for .vi(i:i or, nt In He ea? e of Nell & Klllnuhatn v* .1. Mi Kie, there was a confession of ?i?l Igineni fur ||t' rile caiii of \Vllllnm Carey vn, <|ty mi is resi t for FYhruary 1. ' 11 lames Itoyee, or Pittsburgh, was ad- M ttcil to pi notice . IMlttMllTNI'MNt Hit, fiunnmiiii6tlitti u n i now in* ImmiuIi i fur J ii.i oiinllme, .11)1 ItlHiWNs iniiltn nleaitnl. \oiri* HI mriila. Ilrnd MlM'i, ml, ltd *ldrl< rrn-iin * I mi ml IoHm, m ,,i? ^ loonf i?? 11Mini< lull.., mil toe ii. \11 .,. it Hum nitluu'in lu? ml I ? it I. .1. M.NMiV, WHAT 18 LIFE? A Discovery by Prof. Gates, 0| Washington, Which Answers th Question. AN INTEIIKSIIXusL'lURcr "Wlmt la life?" Tills QU,.fii0'n hu been asked durlne all ages, but it j," never until now been successfully 4, swerod. Professor Elmer iial0s J Washington, who has been nm', great experiments with the im' has made virtually, a double micr^ scope; In other words, ho brings the jm. age of the llrst microscope 0:1 the |cnj' which picture on the lens is enlarged by the second microscope so that nun* things which it is impossible to see Wj,[ an ordinary microscope are revealed l!> this wav he is able to see the smaller cplla of the body in an exceedingly lar?j form. Ho says: "Cut a piece of ;?roto. plasm Into a number of piece* ani each piece will still be alive,"thus prov. ing that the germs of life exist in even the minutest particle of the body But he goes farther and says that h? believes mlml Is life, and that mind present in every partlclo of the body This is a new, a startling, n wonderful theory and it may lead to a revolution) on the subjects of disease, health and of happiness. It explains clearly one thlni and that Is, why the mind is frequent* |y affected when the body is disordered, and it brings home Ihe question of health or disease very forcibly. It becomes plain that in order to have a clear head and a strong mind, opt oust have a body that is in perfect con. litlon. When the body is deranged the mind cannot work rightly. With puni tj the "back, nausea, weariness, bearing lown sensations and all the symptoms ndlcating a weakened condition of the iidneys and urinary organs, there fit ertain to be a clouding of the intellect vhlch calls for immediate action. T.V.i tctlon can only be successfully taken >y using sotne great, modern discoverthat Is certain to put the cell tissues In perfect shape. There is such a dlscov* sry and it is doing more to counteract lain and establish health than any- i hijig known to modern times. j(, ipeaklng of li Dr. William Edward *ob?on, of London, says: "I emphatic* illy state that I have been able to give nore relief and effect more cures by ho use of Warner's Safe Cure than by ill the medicines in the British pharniaopoeia." Doctor R. A. Ounn, dean of he United States Medical College, ays: "I prescribe and use Warner's UK' 1 UK* 111 t)OlII 111 Uic .1IH1 Clironlft Jrlght'n dlseaao and commend It most rankly." Such statements should convince anr nan or woman tlint there is no need of arthcr suffering. If a prompt use is nado of the remedy that Is eommendfi o highly. THE RIVER. YESTERDAY'S DEPARTURES. arkersburg.BEN HUB. Op. m. Istersvllle... R1TTH. 3:80 p. m. larlngton....LEROY, 3:30 p. m teubenvllle..T. M. BAYNE. 2:3i> p. m. BOATS LEAVING TO-DAY. Inelnnatl?KEYSTONE STATE S a. m 'Ittsburgh...QUEEN CITY. '? a. m. arker*burg.ARGAND. 11 a. m. latainoras...LEXINGTON. 11 a. m. Istersvllle.. .RUTH. 3:30 p. ni. larlngton...LEROY. 3:30 p. m teuhcnvllle..T. M. BAYNE, 2:!W p. m. BOATS LEAVING TO-MO It ROW. harleston...KANAWHA. fi:30 a. in. ItislmrRli...HEN lint. R a. in. larlngton...LEROY, 3:30 p. m. Istersvllle...RUTH, 3:30 p. m. teubenvllle. .T. M. BAYNE, 2:30 p. m. Along (lie I.niiflliiC' The marks at the landing shoved ? ?et !> Inchcs ami rialng. The Ben Hur Is due down to-nlpht for 'arkersburgr. The steamer Will .T. Cummins will ave Wheeling next Saturday and cvry Saturday while river will permit for Inelnnatl nnd Intermediate point? T. Vnwk X* f\, A enntu 1111 W ltrf trcct. Rlvrr Tulcgrnnii. GREKNSBORO?River 13 feet 6 Inch?? ikI falling. Weather cold and cloudy. da;n Jacobs anil Nellie Hudson flown ucstlay. .tames G. Blaine and Florence die up. WARREN?River 3 feet. CoM and loudy. MOROANTOWN-Rivr * feet 6 In* lies and falling:. Cold and cloudy. BROWNSVILLE?River 17 feet 5 Innet? and falling, OIL CITY? River 3 foot fvlntfhes and :atlonary. Cloudy and col". PITTSBURn II?River 12.3 feet and tiling a t the dan). Clear and cold. ST13 1' BICNV ILLI5?III w r 11 feel < iCho? and rising. Claudy and cold. Up: awk. Down: Keystone State and Bon lur. PARKERSBURO-Ohlo river 12 feet J iches and rising. Cloudv with moreury t 33. Up: Valley Belle. Queen City, a.-sed down last rvlght: Virginia. Kittle anawha out of lock. No boats report* 1. THE standard cure for cold nrd ugh. Dr. Bull's Cough Syrup, should c kepi by every mother who loves her u flings. DON'T fall to attend King's Pnush* >r?' concert and woclal at Pythian cat* e to-night. Ajlmlrslon cents. C.oml t'aoil UprIglil Plnno Chrap. We have, an upright piano In nlc* ahogany case, used but very little. Ir rfect condition, which will be sold at low price. F. W. BAUMKR & CO.. 1310 Market Street, IIAWDgOMK Novelty China |?I?CM ?iy low prloos at Stlfol A Cu?'S* DOES your liend foe! as though ie was hammering It; as OioiiRh a illllon sparks were flying t.ut of the res? Have you horrible ilcknow i1' ie stomach? Burdock Blood Hitters 111 cure (,<ui. >_ Pll!^ I! CROWNING TOUCH 01 * Atmint woman's inn i r t. r*qnl?llK he irems nmy not bo aoptl). . ,,ii ' will eut it ml perfectly i<et th'V iL ently add to Die wenrorn olmttn* ' ii.lo or hi'HIih: netm I* nn nrl. ' *or* i<n posse** Hint art to porfeellon. !ohn Becker & Co.. JKWBLEHB AND OPTICIANS ?U7 .liicoW mi'ppi, Wlirollnu. .VrtjlOH UK NT, rnit HA l.l:. 4 ' AM' .M.I, KINI'H I.IMIAI. HbAM*D PttlNTKP* At .mil IMtlNTIN<? Ol-rlt^ CO and 21 Fourteenth Blio?t.