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VOL. xvii.— two CENTS— ¥£&&£&} WEARY OF THEIR UNION. WAR IE WALSH. THE CELEBRATED AUTHORESS, WANTS A DIVORCE FROM HER CHICAGO HUSBAND. Hichael Cahill Will Pass the Case Up if He Is Not Compelled to Pay Alimony— A Half Million Tons of Coal Has Been Sold From the Superior Docks— i. Famine May Follow. Special to the Globe. Sioux Falls, S. D., May 28.— The Celebrated divorce case of Marie Walsh, the celebrated authoress of Brooklyn, fc*. V., who has written "Hazel Kirke," '•The Wife of Two Husbands," "lio- Inance of a Dry Goods Drummer," •tc, against her husband, Michael Ca {till, the. publisher of the Pilot and Home Light, two Cathode papers, of Chicago, will be tried before Judge Jones tomorrow. Mr. Cahill has arrived bere, and has agreed, in consideration that no alimony is asked, to allow the case to go by default. He has intended right alonsr to tight the case. Tho decree is asked on the grounds of cruelty and non-supoort. The couple were married four years ago at Lincoln, Neb., and the marriage created a big sensation at the time, as they had only known each other a few days. CLEARING THE COAL. Enormous Demand for the Black Diamonds at Superior. West Superior, Wis., May 28.— The lituation in the coal business at the head of the lake is such as was never known before. When navigation opened there were on the docks over (500,000 tons in hard and soft coal, but the prolonged strike in the coal district has caused such demand for coal that nearly all on the docks is sold. Over 800 cars a day are being sent out iv all directions, some going East and con siderable being shipped as far west as Montana. All the Southwest and West ern railroads are getting their supply . .of coal from the head of the lake. OKLWIiiX BOOM. Nearly Eight Thousand People Took In the lean.l Sale. Oei.wki.v, 10, May 28.— Today was Bet apart lor the great land sales and opening of the Oelwein boom. For some time many observing people have been watching Oelwein's progress; and quietly investing in property here, be lieving, from the prominent. central po sition it occupies on ail maps of the Chicago Great Western Railway com pany, together with its agricultural Buxroundings, that soma day a city would be built here, and this alone has caused it to grow from a village of 903 to a thriving town of 2,500 inhabi tants in a little over two years' time. The present excitement comes through the official announcement that the machine shops of the Chicago Great Western Railway company are to be located here as soon as necessary ar rangements can be completed. Today's Bales were conducted by the Oelwein Land company, who have secured op tions on ail lands surrounding the city. The first train arrived from Dyersvills and local points at 10:30 a. m.. contain ing nine coaches and 1,000 people, es corted by local police and firemen. Specials from Dcs Moines, Marshall town, and two from Dubuque were in by 12:30 p. m. The streets were crowded with farmers from the sur rounding country. The city was beau tifully decorated. The lowa State band was on the Dcs Moines train. The Great Western company carried in here today, by actual count of con ductors' checks, 7.503 passengers to at tend the sale. Quite a large number came from St. Paul and Minneapolis, but. the majority of the passengers came friem points in lowa, naturally. Of the total number 2,000 were from Dubuque. 1,500 from Marshalltowii, 1.500 from Dcs Moines ana 800 from Dyersville. The balance were from various points. HE GOT THREE BALLS. _ Frank Burchard, of Huron, Fatal ly Wounded by His Wife. Bpecial to the Globe. Huron, S. D., May 28.— A shooting affray occurred this evening in a dis reputable resort northwest this city. Frank Burchard and wife, managers of the place, went home from town this evening and got into a quatrel. As the woman entered the house Burchard knocked her down and began kicking and choking her, when the inmates Interfered and separated them. Mrs. Burchard ran into the bedroom, got a revolver and fired three balls into her • husband's body. lie was brought to town, and physicians say the wounds may prove fatal. Mrs. Burchard took the horse and buggy and drove across the prairie, and has not yet been ar rested. WHERE IS DO WE? A Souths Dakota University Pro fessor Is Missing. Chicago. May Prof. John G. Dowe, of the chair of languages and literature in the University of South Dakota, at Vermillion, has been missing „ since May 17, and President J. W. Moud, of the university, is here search ing for him. Prof. Dowe was commis sioned by an Eastern publisher to go to Scotland on work connected with a biography of Robert Burns, and, after several days in Chicago, disappeared from his hotel, leaving his baggage bo hind. It is said that he drank heavily while here. CitiCAGO.May 28.— 1t has been discov ered that all the heavy baggage belong ing to Prof. Dow was sent to New York ou May 17. ilia vessel sailed May 19, and it is believed that he is on board, although his tickets to Glasgow are still in Chicago. Sheep for Coxeyites. Bpecisil to the Globe. Great Falls, Mont., May 28.— Two hundred Coxeyites of the Northwestern industrial army division, under com mand of Capt. "Jumbo" Cantwell. pa radtd the streets tonight, and an im mense crowd gathered at the camp _ grounds to hear Cantwell speak. A carload of sheep was contributed today by a man named Jennings. Deaths at Bed Lake Falls. / Special to the Globe. Red Lake Falls, Minn., May 28.— L. J. Wickerstrom, a farmer .of Rocks bury township, was kicked to death by SUNDAY ST. PAUL GLOBE a horse. Mrs. Charles Patnode ' died today, and also her twin babies. cc ONE MILLION Is Awarded to Weyerhauser by Judge Nelson. Dx'i.rTii, Minn., May 2S.— Decisions filed today by Judge Nelson award to Frederick Weyerhauser and the Missis sippi River Logging company pine land valued at §1.000,000. The land was en tered with soldiers' additional scrip by T. B. Walker, attorney, in Fayette. Walker sold to Weyerhauser and the Mississippi River company, while the soldiers in whose name the scrip was issued gave quit claims to other parties. The decisions rest upon Judge Nelson's former finding, by which the rule of the land department was reversed, that ad ditional scrip entered by an attorney in fact is legal. Ihe Duluth Bonds. Dui.tiTii, Minn., May 28. — Judge Lewis has decided 'against the city in volving the right to issue $800,000 of water and light bonds. The bonds were authorized by an election in 1891. This election the judge holds to have been illegal. An order restraining the mayor and city officials from executing the bonds will be tested tomorrow morning. Walked From His Window. Special to the Globe. Aitkin, Minn.. May Martin Thanem, a confirmed somnambulist, walked or fell out of his bedroom win dow here last night, falling thirty feet to the ground. He escaped with a broken arm and some minor bruises, and is doing well. - Conway Murder Trial. Special to the Globe. " , Mankato, Minn., May Judge Severance overruled the motion to annul the indictment in the Conway murder trial this afternoon* and upon investigation finds that the indictment was not forged. Testimony is now be ing taken. The trial will likely last several days. Dr. Fisher Released. Special to the Globe. Sioux Falls, S. D., May 28.— A. M. Fisher, who has cee'n in jail almost a year, and who has been tried twice for manslaughter in the second degree for causing the death of Miss Minnie Olson by an abortion, was released to day on $300, which were furnished by prominent me'h who did not even know Fisher. The jury- in both cases dis agreed. Driving Park Leased. Special to the Globe. Sioux Falls, S. D., May 28.— The driving park association has leased the grounds to Ford A Ransom for the pur pose of giving a two days' running meeting to take place July 4 and 5, dur ing the big celebration to be given here. Board of Underwriters. Special to the Globe. Sioux Falls, S. D., May 28.— A meeting has been called by the general agents of the life insurance companies located here for the purpose of organ izing a state board of underwriters. Jailed lor a Board' Bill. Special to the Globe. Miller, S. D., May 28.— William Mahanna.au artesian well contractor of note, was today sent to jail for ten days for his failure to pay a board bill, being the first conviction of the kind in the state under the new law. DISTRICT DAY. The House Gives Only Incidental Attention to General Business. Washington. May 23.— This being district day in the house, the Brawley bill for the repeal of the 10 per cant tax on state bank issues was side-tracked . temporarily, and the few members present gave partial attention to District of Columbia bills. An interesting event of the day was a reading of a letter from the sous of Louis Kossuth in reply to the letter recently scut by Speaker Crisp under direction of the house. The senate bill to fix the northern boundary line of the Warm Spring Indian reservation in Oregon was passed, as were sundry house bills. At 5 o'clock the house ad journed. LAKE CITY ENCAMPMENT. Capt. Joseph Hale. U. S. A., As signed to M. N. G. Duty. Washington, May Capt. Joseph F. Huston, Twentieth infantry, has beeu relieved from temporary duty with the National Gnard of Minnesota, and or dered to join his station, being relieved by Capt. Joseph Hale, Third infantry, who will attend the encampment at Lake City, Minn., in June aud July. - Customs Ports. Washington, May 28. — Hearings were given today by the house commit tee on expenditures in the treasury de partment on the bill of Representative Curtis, of Kansas, to abolish and consol idate a number of customs ports. The bill has been recommended by Secre tary Carlisle. The different representa tives argued in behalf of various ports. Representative Stone, of Kentucky, for the port of Paducali; Grain, of Texas, for Brazos and Corous Christi; Rich ardson, of Michigan, for Grand Haven; Marsh, of Illinois, for Rock Island: Hermann, of Oregon, for Southern Or egon, Coos Bay and Yaquina; Price, of Louisiana, for Techo and Brashear; Gear, of lowa, for Burlington. Settlers' Rights. Washingxon. May 28.— The honse committee on public elands has ordered a favorable report on the bill intro duced by Representative Lynch, of Wis consin, affecting settlements on public lands under what is known as the stone and timber act. The act provides that lands should be offered at pubiio sale, but many entries were made in good faith upon sections which were not so offered. The bill is designed to give those settlers clear title to their lands where the interior department has not already taken action to enforce the law. Most of the laud involved in the bill is in Wisconsin. _:;'-- Troops Needed. Washington, May 28. — Secretary Smith lias forwarded k to the secretary of war the following dispatch concerning the strike of miners in the Choctaw na tion: .'; "South Macalester, I. T., May 26.— Wire from Wisdom says Gov. Jones has wired Gen. Miles that troops unneces sary. This is not so. If . troops do not come there will be trouble. 1 have no doubt telegram from Jones was pro cured by fraud. J. D. -Bb adfobd." LOADED WITH DYNAMITE. CRIPPLE MINES FULL OF THE DEADLY ■ . POWDER. HIDDEN mill's CHARGED, So That a, Terrific Explosion W'oud Have Followed the En trance of Miners Into the Shafts— An Attempt at Arbitra tion Proves to Be Futile— Only Union Men Can Work. Denver, Col., May 28.— Information has been received from Cripple Creek that even had the strikers been driven from the camp the men who took their places in the mine wouid be in im minent peril. Every mine in which there has been trouble is "loaded." Large quantities of dynamits have been stored in the shafts back of timbering by the strikers, and hidden wires were attached in such a manner that they can be exploded and every person in the mines instantly, killed, while the men who start the battery remain out of sight. PROViiS A FIZZLE. Mine Owners Will Vot Consent to Employ Union Men Only. Colorado Springs, Col., May 23.— The following has been handed out for publication today by the mine owners: President Solouni, of Colorado college, and some other gentlemen interested In a peaceful solution of the difficulties between the Cripple Creek miners and mine owners had a meeting in Cripple Creek yesterday. The miners agreed to hold a meeting and determine whether or not they would appoint a committee to meet a committee of mine owners to arbitrate the differences. After the. meeting was held' Calderwood, presi dent of the miner's union, called J.J. Uaggermau up on' the telephone at 3:30 p. m., May 27, and in formed him that the miners' union bad appointed a committee to confer with the mine owners and want ed to know when and where a confer ence could be held. He was asked where he preferred to have it, and said in Cripple Creek. Mr. liaggerman re plied that he preferred DivWe, to which Calderwood consented. .Wanting to know at what hour it could be held. Mr. Haggeruirtii replied: "1 think we can go up tomorrow morning and be there about 10 o'clock." The following conversation then took place over the telephone, and was re ported by a stenographer on the spot: Mr. liaggerman — How many ol your' then will be there? Answer — Two. Mr. llairgerniiui— Have you full pow er to act? Answer That will depand on cer tain tilings that must be settled before the conference. Mr. Hagirerman — Would whatever is done have to bo submitted to the union for confirmation? A. Yes. Mr. Hasgerman— What are your prin cipal conditions? A. The first condition is that all union men must be first employed. Mr.llaggerman— Must all the men em ployed be union men? A. Yes, if there is enough to co around. Mr. Haggerrcan — That practically means that no non-union men should be employed. A. The men that are employed must agree to join the union in one month after they commence work. Mr. Hagerman. If we must agree in advance to accept your propositions what is the use of having a conference? A. These are the conditions that we insist upon. Mr. Haeerman. We will never con sent to any arrangements which de prive an American citizen from earn ing his living without joining the union. A. There is no use talking; these are our conditions, and it is that or nothing. Ehen Smith and Percy Hagerman were present and heard one side of the conversation and the other side as re peated at the time by Mr. Hagerman. TRAIN'S RECAPTURED. Released From the Blockade Strikers Again Take Possession. Wexona, 111.. May 2S.— Three coal trains guarded and escorted out of Minonk this morning by troops were recaptured by the strikers here a few hours after their triumphal release from the blockade. Strikers to the number of 150 waylaid them, aud, taking posses sioh ot the trains, side-tracked them. Word was sent at once to Sheriff Leuse, at Metamora, and this evening he appeared on the ground. Accompanied by deputies he went among the strikers and tried to persuade them to abandon their obstruction. They defiantly de clined to do so. After exhausting all peaceful meas ures the sheriff sent to Toluca tor 100 Winchesters and 4,000 rounds of ammu nition. With these he proposes put ting a posse in the field to capture and release the coal trains. He has also wired to Springfield a report of the state of affairs and requested Gov. Altgeld to send troops to the scene immediately. FRENCH CABINET. M. Dupny Names the Minister* of His Choice. Paris, May 28.— is announced tonight that M. Dupuy's cabinet will be made up as follows: Premier and Minister of Foreign Affairs— M. Dupuy, Minister of Marine— M, Felix Faure. War— M.Mercier. "" Finance— M. Poincarre. Justice— M. Guerin. Commerce— M. Barthou. Gladstone Improves. London, May. 28.— This was the best day Mr. Gladstone has had since the operation was performed upon his eyes, And he was permitted to read and write for a short time. Among his callers were the Prince and Princess of Wales, the Duke and Duchess of York, the Duke and Duchess of Teck, Prince and Princess Christian and William Waldorf Astor. . . . Confirmations. Washington, May 28.— The follow ing confirmations were announced by the senate today: Charles D. Walcott, of Utica, N. V..to be director of geologi cal survey. Postmasters: Wisconsin— C. W. Notbohm, at Oconomowoc; P. H. Bolder, at Waterloo. Minnesota—Har ris Van Blarcom, at Ely. SAINT PADL MINN.. TUESDAY MORNING, MAY 29, 1894. Will BE A REVOLUTION. CLAUS SPRECKELS SJYS IT IS BOUND TO COME BEFORE LONG IN HAWAII. The Provisional Government Will - Go to Smash — Sustained by - 3,000 Out of 14,000 Voters— The Majority Cannot Be Kept Down — Armed Americans Put Annexationists in Power. New York, May 28.— Claus Spreckels has very positive views about the con dition of Hawaii, where his s.igar plan tations lie. "The present provisional govern ment," he said to an Associated Press reporter today, "Is bound to go, to smash. There has not been a revolu tion in the islands, but there will be one, and no mistake, before long. The measures by which the queen was over thrown were revolutionary enough, but the whole proceedings were as quiet as a district school election. -y y..-y "I was there at the time and witnessed every detail. When the sailors and marines from the Boston landed with their superior rifles aud machine guns resistance was, on the face of things, so useless that nothing could be done by. any party that favored the maintenance of the throne. When the armed Amer icans were withdrawn the ' provisional government organized an army of 300 Germans who had been employed on the plantations at Sls a month." The com mand is known as "Die Dreihundert,", and the troopers lie around doing noth ing at $40 a month. "I suggested the advisability of form ing a republic in the beginning, but they were about ready to kill me for advancing sucn an idea. It was annex ation to the United States or nothing. Since then they have written asking me to come over and help them organize a republican government. 1 have told them that I was through with" the whole business, and they could work out their. own salvation. "There are 14,000 voters on the islands, and the provisional government repre sents but 3,000 of that number. The natives, as amass, and a large percent age of the whites are either openly in favor of the reigning house or, at all events, opposed; to the pres ent government. The natives are not to be despised. They are smart people, many of them highly edu cated, and their representative leaders are men of fine attainments— orators, legislators and diplomats of no mean ability. A revolution under the cir- cumstances is unavoidable. ..So over whelming and able a majority is not to be kept down by a show of force that a little preparation could so easily over come.- ' 'iyy sa^gf "A« for myself, I have disposed of the greater part of my interest on the islands, partly to my sons and partly, to my partners and others'. I intend to go out of business. lam old enough and have worked hard enough to have a little rest." , y, "v.yrS Mr. Spreckels is accompanied by his ; wife and daughter.. They came directly from San Francisco. Wednesday next the party sails on the Paris for Europe, to be gone a number of weeks. CHEERED SETTLE. Breckinridge's Begging Mission Coldly Received — Women Ap . plaud Settle. yyi Cincinnati, 0., May 2-*-.— En quirer's special from Owens. Ky., says that W. P. C. Breckinridge and Evan Seattle, competitive candidates for the Democratic nomination for congress from the Ashland; district, 1 , spoke here this afternoon in the court house yard. Two thousand people; were present, including delegates. from Scott, Franklin and Henry counties. The court house was too small for, the crowd, and the speaking had to be done outside. This is Mr. Settle's own country, and friends and enthusiasm were all on his side. There were Settle banners carried around the public squares and cheers were vehement.': Settle introduced Col. Breckinridge at 1:30. He was greeted with some cheers.^ His speech consumed an hour. He said he had not come asking alms; referred to his record of ten years in congress; suggested that it was bad policy to swap horses while crossing a swollen river; said the Democratic party had the great task of tariff reform on its. hands; that experienced Demo cratic legislators, are needed now to grapple with this task. Finally he spoke of his personal devotion to the peopie of Owen county, and praised their loyalty to Democracy, and he con cluded by declaring everlasting devo tion to his friends and a defiant unfor getfulnessof his enemies. _ When Evan Settle 3rose, he was un able for some time to begin speaking on account of the prolonged applause. A Settle banner was waved over his head and the applause broke out again, last ing several minutes. He spoke of his home people; thanked them for past honors; assured them that should he be trusted with higher honors he would so fill the trust as not to dishonor it. . He branched out on national political pol itics, and proved himself no tyro, and closed with a thrilling peroration. While he was speaking a" large number of women came to the meeting and were quite demonstrative in their applause, which was frequent. KELLY'S ARMY Finds the Eating Good and Plenty at St. Leouis. 7 -':•*; St. Louis, Mo., May 28. — Kelly's army, 1,100 strong, arrived in St. Louis this evening from Alton, 111. The com monwealers' fleet came to anchor off Ferry street, near the city water works, and went ashore, where they will spend their time in camp until the march, or rather the sail, to Washington is again taken up. They were welcomed byHhe local labor unions and r\ a v big crowd •of :. people. A eood .supper provided by the labor unions of the city awaited the travelers on their arrival. The Kelly army, during^ its sojourn in St. Louis, will have no; reason to complain of alack of food. Aside from the preparations whicii the* various labor organizations have made, a local saloonkeeper has made pro vis-?: ion for their subsistence. When ills* announcement to that effect, printed In' a morning paper here, reached f the; commonwealers at Alton, they tele-, graphed that an immediate start for* this city would be made. ■ . v*;' Begging Mission ed — Women Ap- MANEY MEETS DEFEAT. FEDERAL COURT REFUSES TO PRO- HIBIT COURT MARTIAL COURT MARTIAL WILL GO ON. V .. -- _l 111 I li' 11 Mlf Judge Nelson, in His Decision, Does Not Construe the Charge Complained of So Seriously as Maney's Counsel Does — Says Court Martial Cannot Try Him for Murder on It. The application for a writ of prohibi tion against the court martial engaged with the trial of Lieut. Maney was de nied yesterday afternoon by Judge Nel son, sitting alone in the United States circuit court. an.d the trial of the case will proceed on its merits. This result leaves the defendant amenable to the sixty-second section of the articles of war, which places a maximum punish ment ; upon the offense, if proven, of imprisonment in a penitentiary, in addi tion to dismissal from the service. • The effort on part of counsel tor the defense to end tho proceedings of the general court martial was a noteworthy legal move, and attracted the presence of a large number of attorneys of the- city. The court room in the 'federal building . was wholly Inadequate to accommodate the many people who desired to be present, and among them were several ladies. The members of the court martial were all present, dressed in civilian attire, and were represented by Judge Advocate Barr. Lieut. Maney was also in court, and sat through the" long arguments, which consumed all the hours of a full legal day, like a statue. Not a muscle moved and his eyes were directed, to wards Judge Nelson. - The hearing was particularly of note, inasmuch as it was an attempt to reach an, adjudication of a question which thus far presents no precedent on which courts may base their opinions. - There fore it was considered a matter of re gret that under the denial of the appli cation, the way was barred to reach the supreme courtof the United States. ... Mr. Blair, on behalf of the defendafit, made an exhaustive and able argument for his side of the question. A consid erable Dortion of his preliminary re marks were a repetition of his argu ments before the court martial in sup port of his plea in bar. Then followed a learned resume of all the cases that might be applicable, and the able attorney retained the marked attention of both court and spectators. His voice was earnest, pleasant, and .withal . re- : spectful. The writ of prohibition, said j ' the counsel, was one of the most ancient remedies against inferior courts to "restrain them., from exercising their functions. It had been an all-important factor- in 'the development of Great Britain during the formative period, when every baron and ecclesiastic tried -to set up a court of his own within -bis I domain. Of late this method had fallen into disuse, as the jurisdictions of inferior courts have become crystallized. -■ The first question to be considered was whether this court has the power to grant such a writ. 1 Counsel held to I the affirmative of the question, which was provided for by rule 11 of the rules - 'or the United: .' States circuit court. When we inherited our judicial system from England we also- adopted our military system from that country and have always tried to hold the military subservient to the civil power. While 'limited, within its limitations this court ] is supreme. It is modeled on the com mon law system. • Therefore, it is reasonable to suppose that we have the right, without fur ther statutory- provision, to control 'such, an interior court. A court martial is not a statutory court, and therefore an inferior oody. Then there must be a controlling power, aud it lies in the United States circuit court. " Un less the control is lodged in the common 'jaw courts of the land, there will be a 'Conflict which would be abhorrent to to the public's sense of justice. it is 'necessary to the dignity of this court that this defendant shall not be tried again^Cor the same offense. There is* practically but one United States circuit court in the land, although divided into • many subdivisions. In the judge of this court is vested all its powers, and this court has adjudged that this de fendant should go hence without day. &HOULD IT ISSUE? '- The next proposition to be considered ; was, should the writ issue? _ "?. If the inferior court attempts to ex ceed its authority, then it should issue. This is especially true when we have uo other adequate remedy. Courts martial have only authority to inflict the death penalty in cases of mutiny. The gov ernment cannot come iuto court and split up the offense into fractions for the purpose of prosecution. If the offense committed is murder, and we so hold, then this court martial has no jurisdiction. And having no jurisdiction, then it has no right to proceed with the trial. In our plea we setup the former acquittal. Precisely the sama . facts were then investigated and the same witnesses examined. The defense must | give this inferior court the right to de liberate on exceptions - and pleadings, - which was done, and the plea over s'ruled. A man does not abrogate his rights to sel-fdefense when he enters the army, he still remains a man. This court martial has the right to send this defendant to the penitentiary for life. If jt was the intention of simply ridding the army, of a guilty character, had he been convicted, then section 1228 of the United States statutes provides the remedy. Having been acquitted on the former trial, the charges should have been brought under the sixty-first article of war, which provides for dis missal from the army. . After a lengthy discussion to establish that the court martial was trying Maney for the? identical offeuse as did the .United States court at Chicago, counsel proceeded to attack the jurisdiction of the court martial to try the case. Maney -.is either guilty* of willful murder or justifiable homicide. The inferior court cannot lessen ; the degree, It cannot attempt to convict him of manslaughter. In 'times of peace, and under article 5'J, the military power is subservient to the civil authority, which has already ad judicated' this question. There -is no other appeal for . this defendant except tof the president, and he has already "■Xi -•'-""-.. .'_-■■ . ■ fflll *? e-j7 ssfifV Shoulder to shoulder, back to back, |rt\k. leflfj^ Awk fflh ' " Yates and Keogh and Calhoun fought; *yvW ?*»ikSei /Wiv Off to the center the carbine's crack ' *Ik-'^^ < iV Spoke of the havoc lhat Harrington WefsX^'H wrought. •»vjr 2 '-^ . W- - Far to the left a speck of white ~*"^ ef*^«./«, > A a "" !> s9rt'sslef VY «/» :■ Tells of a trooper's desperate stand; si B iW» HsTFlillxi ylk if Tells of biß allaut . hopeless fight. band. Xgi) !b W> WHVH I) I, CJjJJII lyJlri> U Right in the heart of the murderous band. ir» M TH - "This is the spot where Custer fell OW THB; Off with your hats, men. as you pass! V |Mmi r-~. God! what a savage, exultant yell I 1 I I 1 .*T '^jr-' r - Rose when he lay on the blood-stained yi-- E3 |fs I— l /"N^a fcl Sprinkle the soil with manly tears, 31 VJ 1 l^r\lle» Weep for the heroes who died that day; * m^ v Here on this spot a country rears " Tributes of love to the lifeless clay. In column of fours the troopers ride, p J v Out from the post while the day is young; ,*/ > Veteran troopers, scarred aud tried— .-.' *sJb&X*. /y '1 And the story of Custer is on each tongue. r^, ■ j&:. -f. : -T\ J • Over the alkali trail they trot, yll C i^f "K'-U V — r^J*~ Breathing a sigh for the fallen brave] ' S(jo : -^WS affixed on the fated spot . <&- Tw n»li 'J Where numberless heroes found a grave. _j-J shw - "-." ' - 1 *^"^^ Past the blanketed, crafty Crows, ; Jflrfflf--'- s '■■'•' -\ Looking askance with their l eady eyes; &Wu~'~ : - •'•"-' I Steadily onward the column goes * « JT* >•"} -. ;> v, l/r & (*. Up to the ridge where Crittenden lies. K\ xj£m(* Ssta£Blß| /y)i • (a Up to the top of Monument h.'ll, c™ I "^^^' rr^t i^^^l7l^^ft^^r*MJ !^ In column of twos the troopers pass; w ""lr^SilTO|M™iisj|i |^Hffi|n(/|\rtf High on the bluff where all is still, ' '"EgyJrffi TOTri 1 »ft T *■- 1 And white stoves nest in the buffalo grass. t*strs© > i^^. (a J /A*"**" W '^y^^rf*^"^ Agf Tyfr^V /\ 1 - J ' " yer eßch headstone hang a wreath, (To* ftt^ \S 7 1 \\ /r *V Weeds and the tangled briars efface; \Vft J^^ > 'M I JLAM I -*■ Mutter a prayer for tbe soul beneath— V-^^*f\ ■>!«» irftW/ iMrl I \V\ ' Death such as theirs is a saving grace. »■ tt-^SJ^S^ rj"fti ■' I'l \\ f§7 Never a moment had they to rest Wb^Z'Jgtt^iA JaffSf iii \\«r Never a priest was present to shrive; ll^'iri»-*'^r/^> CSSJi //' \*<\ Fighting they fell on tne slippery crests, "fts-^^j^jw S* *lj' I ! \w And never a trooper was lef alive. lii,, \\]i\d&yp \ I Children have blossomed to man's estate, >^ " l««yv , ' , 'fl-lIiSS' fc~y Mothers and sweethearts live passed away Al ll I .^"^ffiHiyL'J • ' Since Custer's regiment met its fate - ''■! II ( W*"*^ei?o!fiK*&V Here on the heights that midsummer day. ] t>£«Z£v™- \\V'"^J"\ '^^ Comrades, attention ! the trumpeter calls— •" ■ ■ i! A\ ' \— Ah! what a vision is this one sees; — ._ ***l -«■»*- r^~*«e» ." ~'r- Over their frailties charity falls _ - . Christ, have mercy on such as these! —Sam T. Clover. The echoing bugle thrills the air • , • And far o'er the Little Big Horn floats 4flr %£-» /5*""! H. Dying away in a fitful blare y**^^V^^*\ /»» With its ever receding, eerie notes. ' Vh',-^fi ; (i^S, tg! 'P* Over the trail that Custer trod wi'ktMljttfy '^^M^th t fc3 • March the troopers with reverent tread; !j^""^ =a >\. ,'~^\/??'' "\ Every step is on blood-bought soil— ' '■*.; -: y . fjffl , ."'fi&' J-Cwiu^, '^-^^^ $(ss£? 5 Bought with, the lives of the valiant dead. .Qf-Sj ... ' ..-/\ */ \s&\r — Just as they fell before the Sioux r , ~-~ &f'?ffij - ■/* ivj^' I tj\fl Under the headstones white they lie, vi/\^S^Bu[ /sTb P\t ' Glistening marbles in constant view ..." T^ W3"«P™!Wil », m \*l Mutel? Proclaiming how heroes die. - , .'w J^r'iljjljjil'j Ik^ZzSzTfyt Jftl prejudged this case by preferring the charges and ordering the trial. If the court had any doubt as| to its jurisdiction in issuing the writ, that doubt should be given to the defendant. The government could then take its writ of - error to the supreme court. But after the court martial had once rendered its verdict it would be too late for the defendant to take an appeal. COL. BARR REPLIES. Judge Advocate Barr was exceed ingly brief in his reply. He said: -' "This is the first time in the history of our army that one of Its officers has tried to avoid the consequences of his alleged deeds by invoking the aid of the civil . courts. Congress has exer cised its power to establish rules and articles for the government of our army. These provide the means of determining the standing of its mem members. Military tribunals are no ' part of our judicial system or govern ment. They merely apply to the exec utive branch. It has been repeatedly held that the civil courts have no right to interfere with the military courts or to restrain their actions. Those in the army surrender their rights to trial by civil courts. A writ of prohibition would be an encroachment upon the rights of a co-ordinate branch of our government. Courts martial are tri bunals created by act of congress, and their proceedings cannot be reviewed by any court in the land. If wrong is done the defendant, there is a remedy in the pardoning power.aud civil suits for damages provide means of redress against every member of a court martial. Nowhere can you find a basis of authority upon which a civil court may direct a court martial to cease ac tion iv a matter it is directed to pursue by order of the commander-in-chief. We claim that uo such mandate can be is sued to a court of officers, and if we are a legal body we \ cannot be interfered with. The entire question is one of constitutionality only, and nothing more." . BLAIR CLOSES. After the noon recess Mr. Blair re plied to Col. Barr's argument stating that courts martial are judicial tribu nals, asking for evidence and witnesses. Many men in the United States had been released upon writs of habeas corpus after having been imprisoned by courts martial. It seems as if a different construction were placed upou the con stitution by the civil and criminal authorities. J JUDGE NELSON'S OPINION. Judge Nelson stated that the nature of .the case demanded an immediate de cision, and he had carefully listened to the able presentation of the counsel. The application of the defendant was denied, the court rendering, in sub stance, the following opinion: -.'• ; "This case is a very interesting one, and many questions havu been dis cussed uot necessary for its determina tion. . "An application for a writ of prohibi tion Is a novel proceeding, and one of •new impression,' and it, Is the first time that a circuit court of the United States has been asked to employ this remedy. - . y -•'■. The case cited by counsel with refer ence to a court martial in which a writ was asked was to the sunre'me court of the District of Columbia. While it PRICE TWO CENTS— { &££& }— NO. 149. presents a novel and interesting ques tion, and I have great doubt about the- power of the circuit court to graut it, I am willing to concede for the sake of the argument, that there is power in this court to grant it in the proper case. There cer tainly is no inherent power in the com t to do so, and the power is not given by express terras by any statute of the United States. Yet the 716 th section of the Revised Statutes authorizes the court to issue all common law writs necessary In aid of its jurisdiction. The power would seem, therefore, given with qualifications. It is claimed by counsel that this court has the same power as the court of king's bench of England. Without determining ,that question. I am willing to concede for the sake of argument that a writ ot prohi bition may issue to a court martial from the circuit court of the United States in some cases. The petitioner asks this court to. restrain the court martial now in session from further proceeding with the case before it. First, for the reason that a court mar tial has no jurisdiction; second, that the court is proceeding in excess of juris diction, In other words, that the first charge and specification is that of mur der, and that a military court has no au thority to try an officer for murder in times of peace, excepting in cases of mutiny. "I cannot agree with the counsel in nis construction of the first charge and specification. The first charge is that the accused is guilty of conduct preju dicial to the good order and disciDline of the army. It is true the specification state facts showing that a homicide was committed, and it is claimed that the charge and the specification accuse him of murder, for which he is to be tried. The objection, if any, is to be made to this specification is one rather of plead ing than of jurisdiction, and the cor rectness of the pleading is to be de termined by the military court duly organized to try him. Gn the second point the claim made by the counsel for the petitioner is, that the plea in bar of acquittal before a circuit court is a question of jurisdiction and not one going to the merits, which are to be de termined and investigated by the court martial. "It has always beeu held that the plea of former acquittal is one of defense, and the jurisdiction of the court does not depend upon the question going to the merits. Errors of law or errors of fact committed by a court of competent jurisdiction in the investigation of the controversy cannot be reviewed by court appealed to, to employ the writ, "The writ is refused for the reason that no sufficient cause is presented to the court by the petition. Dowe's Bullet-Proof Coat. London, May 28.— An exhibition 'of the value of the bullet-proof cuirass in vented by Hcrr Dowe, the Mannhein tailor, was given today on the grounds of Marlborough house before the Prince of Wales and a select party. The cuirass was placed upon a chestnut horse and several shots were} fit ad at it with no better results than already at tained—the bullets failing to pierce the coat and the horse sustaining no injury. Tlie Prince of Wales expressed surprise at the eliieacy'of the cuirass. ;; Gets the Rest. Chicago, May 28. -The Leavenworth Times, one of the oldest newspapers in the state of Kansas, tonight j abandoned j the United Press and began the leased ! wire news service of the Associated Press. - \ WERE MARRIED AT NOON. MISS JULIA MARLOWE AND ROBERi TABER. WILL NOT LEAVE THE STAGE, They Have Grown Up Together la Theatrical Work — Ceremony Celebrated at Philadelphia— r-. The Lovely Bride Bora in England— Her Family Name la Brongb. Philadelphia. May 23.— Julia Marlowe, the actress, and Robert Taber, formerly her leading man, were married at noon today at St. James P. E. church, at Twenty-second and Walnut streets, this city. The ceremony was performed by Rev. Joseph H. Blanchard. rector, assisted by Rev. Arnold H. Hord. / The first intimation that Miss Marlowe and Mr. Tabor were to link their private Jives together came about a week ago, and Miss Marlowe at that time candidly admitted that marriage was intended. "Mr. Taber," she said, "is one of my oldest friends, and we have actually grown up together in theatrical wort. We do not expect to retire from tho stage; on the contrary, we hope to :,a together in the same company, and in the love of work with which, in a cer tain sense, we have become Identified." Miss Marlowe came over from New York this morning and was registered at the Hotel Stanton, to which hostelry she was preceded Saturday last by Mr. Taber, who busied himself in the mean time in procuring a license. Miss Marlowe's family name, as tha license shows, is Brongh, and sne is twenty-eight years ' old, and was born in England, but has lived in this coun try since she was very young. Mr. Taber is only a few years older (non his bride. Shortly after her arrival at the Stanton the party collected, and wera driven to St. James' church in a couple of large carriages. Miss Marlowe pro ceeded up the aisle on the arm of Mr. Woodward, who gave her away. She was dressed very becomingly iv a buff colored silk dress, which had" a spray of flowers as a pattern, and wore a small spring bonnet. She was met at the chancsl by Mr. Taber, who wore a dark, morning suit. and who looked very handsomss and happy. The marriage ceremony of the Protestant Episcopal church was then performed by Dr. Blanchard. Mr. and Mrs. Taber then returned to their carriage, looking radiant, and were driven back to the hotel, where ' they were joined by the rest of tha party, and a wedding breakfast was served up stairs in a private room. After the breakfast the newly, wedded pair left for New York on the 2:30 train. The first two weeks of their honey moon, and possibly the summer, will b9 spent^at-- the -country - place. of ; ;tha r groom's parents, at the foot of Mount Mansfield, Stowe, Vt. y Miss Marlowe concluded the last en gagement of her season on Saturday last In Washington. After the matrnea the company presented her with a brooch in the form of a star, set with pearls and diamonds. The presentation was a complete surprise. In all prob ability Mr. Taber will De her leading man next season, and they have received two offers to play in London in Septem ber, 1595, at Henry Irving's Lyceum theater. - CHARITIES AND CORRECTIONS Final Session of the National Conference at Nashville. Nashville, Term., May 23.— The na tional conference of charities and cor rections reassembled today, and, after prayer by Bishop Fitzgerald, the com- * mittee ou states presented reports from New Hampshire, New Jersey, North Carolina, North Dakota, Ohio. Pennsyl vania. Rhode Island. South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia, Wisconsin aud Wyoming. Mrs. Agnes L. d'Arcambal, of- MichU gan, read a paper upou "An Ideal Hotna for Discharged Prisoners." The paper was an exhaustive treatment of tha subject, and was well received and dis cussed. Mr. Glenn, of Maryland, spoke of the work done by the Prisoners' Aid Society ot Baltimore. The last session of the national con ference was held tonight. FLAG INSULT. The Suspects Belong to the Do minion Aristocracy. Ottawa, Out., May 28.— Maj. Gen. Herbert, commander-in-chief of tha militia, was today instructed by the minister of militia to instruct the dep uty adjutant general of St. Thomas dis trict to use all means in his power to find the names of the Q. O. 11. of Toronto, who tore down the United States flag from the consulate at St. Thomas. An official communication has been sent by Gen. Herbert to Lieut, Col. Hamilton, of the Queen's Own, to do his best to assist in detecting tiie culprits. Word has been received her* that the suspected men are members ol aristocratic families, one being a son ol an alderman of Toronto. ■>• The Denver Army. . Denver, Col., May Si— The local brigadier general, li. W. Morris, says the Denver commonweal army will not start for Washington until 2,500 men are enrolled, and it will then go straight there by rail. There are now 633 names on the roil, and it. is estimate,! the num- ' ber headed for Denver is 700. Carter and his 275 industrials have -reached Pueblo, en route to Denver. The com monwealers are about to forward a peti tion to President Cleveland for the re lease of Coxey. Bridge Tolls Increased. : ' Cincinnati, May 23.— The tolls on all - the bridges across the Ohio river hera were increased today in consequence of the decision of the United States su preme court on Saturday in the suspen sion bridge case. The toils in most cases are twice what they were under the law whicii the supreme court nulli fied. _ Ramsey Exonerated. Denver, May 23.— The convention of Railway Telegraphers after a full in-, vestigatiou '■" of . the charges against Grand Chief Ramsey has , exonerated him. Carl Smith and F. E. Gilliland, o{ Omaha, withdrew the charges made by them, as the witnesses on whom they depended could not be produced. - ; i