TOPEKA, KANSAS, NOVEMBER 23, 1900.
Pfii IRY flF WAIT.
No Positive Move
In Chinese Matter Until Farther
A BILL OF EXPENSE
Will Ee Made ITp and Sent to
Pressure on Other Powers to
Keduee Their Forces.
New Tork, Nov. 23. The administra
tion has adopted a waiting policy in the
Iekin negotiations, says a Herald dis
patch from Washington. No action has
been taken upon Germany's proposal to
make the execution of the boxer leaders
a. condition precedent to the continuance
of negotiations. The president has de
cided. It is understood, that this matter
can well rest until further develop
ments show what the German and other
governments propose to do. At the
earne time Mr. Conger, in accordance
with his instructions will advocate that
the powers adopt a demand which, the
Chinese government can meet.
Pressure is being applied by this gov
ernment upon other powers to bring
about a reduction of their forces in
China. The desire, of the United States
is caused not only by the probability
that the retirements of troops will in
duce the imperial court to return to
Pekin, but also because the bill of each
government for indemnity will be
smaller. According to the best infor
mation of the state department each
tower intends to demand payment of
the expenses of its expedition to China.
The longer troops stay in the empire
the larger will be the bill. The with
drawal of the American troops and the
establishment of a legation guard will
result in making the expense account of
the American army much less than
those of other forces. The war ana
navy departments have been preparing
a statement of the cost of the army and
navy operations of this government and
as soon as they are completed tney will
be submitted to Secretary Hay, who will
forward them to Mr. Conger. It is
doubtful if the American bill of ex
penses will be more than $2,000,000. This
will be outside the demand for indem
nity for the killing of American mis
sionaries and other citizens.
A WASTE OF TIME.
London, Nov. 23. A dispatch to Reu
ters News agency from Pekin, dated
Nov. 22, says:
Competent independent Judges of the
present critical stage of the negotia
tions opine that the consideration of all
the peace preliminaries should be trans
ferred to Washington, or to a European
capital and be placed ia the hands ot
plenipotentiaries possessed of full pow
ers to arrange the terms to be imposed
on China. Once the terms are agreed
on, they should be presented as a de
mand not requiring . negotiations with
the Chinese commissioners. It is felt
that the present discussions of the min
isters, who do not possess the powers to
decide on the multiplicity of proposi
tions without reference to their govern
ments, are bound to interminably drag
out their preliminaries and result in
long delay, causing the great uneasi
ness in the foreign communities who
anticipate vastly increased difficulty in
reaching settlement, owing to the al
leged waste of time."
BLACK FLAGS RETURN.
New Tork, Nov. 23. One thousand
black flas have, returned to Canton,
says a Herald dispatch from Hong
kong. Although the rebellion has sub
sided In the east river district, the dis
turbed villagers are repudiating the rule
of the mandarins, refusing to pay taxes.
The French are extremely active, rely
ing on the visits of the gunboats as an
effective means of settling indemnities.
Three gunboats remain at Shantak to
enforce their claim of 170,000 taels. The
mandarins offer 60 per cent which has
not been accepted. There are fears of
fresh outbursts of disaffection.
FACTS AND THEORIES.
New York, Nov. 23. American dis
patches, say a the Tribune's London cor
respondent, indicate that the Chinese
fdtuatton is regarded more seriously in
Washington than it is in London. The
theory that the British government will
Join Germany in Impossible demands on
China is not supported by the facts as
understood in diplomatic circles in the
British capital. Lord Salisbury object
ed to the earliest German proposals for
retribution and punishment because he
considered the general scheme imprac
ticable. The Berlin proposals were im
mediately revised and the Anglo-German
agreement was negotiated. The
two powers are working together, but
clearly the British government will not
persist in domandingr an impossibility
when the interests of the mercantile
community in England require the resto
ration of normal trade relations with
China at the earliest possible date.
England and Germany are committed
by that agreement to the American pol
icies of open door and integrity df China.
Patience and time are required for work
ing out a diplomatic settlement, but
there is a general belief in England that
this end will be accomplished. Prema
ture action by the United States govern
ment in withdrawing from negotiations
will retard that settlement.
IMPORTANT TALK AT BERLIN.
Berlin. Nov. 23. United States Am
bassador White had an important in
terview yesterday with Baron von Rich
thofen, the secretary for foreign affairs
at the foreign office. It is understood
the interview took place as the result of
Instructions cabled from Washington
and that a somewhat lengthy discussion
between the ambassador and secretary
had reference entirely to the ideas of
the United States government regard
In? the prosecution of the war in Chi
na and the co-operation of the United
States with Germany and the other
European powers regarding the condi
tions for peace, especially the penalties
to be exacted and the indemnity to be
secured. It is also understood that the
most satisfactory and most friendly re
sult was reached and that it is calcula
ted to put at rest the disquieting rumors
recently circulated regarding exhibi
tions of ill-feeling toward Germany in
the American press, which it has been
pretended here, were inspired from
Enters Rock Island Office.
K C. Barry has taken a place in the
passenger department of the Rock Is
land. Mr. Barry comes from Omaha to
Topeka and was formerly connected
with the Northwestern railroad at Milwaukee.
Tby . "eating1 end Discuss
Presidents' association met yesterday
In the rooms of Superintendent of Pub
lic Instruction Frank Nelson in the
state house in answer to a call issued
by the president of the association. Dr.
L. H. Murlin, of Baker university at
Among the subjects discussed were
the topics, "Uniform Requirements for
Entrance to Bachelors' Course and
Bachelors' Degree," "Express of College
Education," "Value of School Advertis
ing and the Best Methods," and "Is
Any Legislation Needed?" The last
question after considerable discussion
was decided in the negative.
Those present were Dr. S. D. Stevens
of the Kansas City, Kansas, university.
Dr. C. S. Swensson of Bethany college.
Lindsborg, Dr. L. H. Murlin of Baker
university, Baldwin, Dr. J. D. S. Rigga
of the Ottawa university, Ottawa, Dr.
C. S. Brooks of Lane university, Le
compton. President C. E. Arnold of Mc
pherson college, Mcpherson, President
Wallace F. Miller of the Southwest
Kansas college, Winfield, President Geo.
M. Herrick of Washburn college, To
peka, and Dr. J. C. Miller of the College
of Emporia, Emporia, Kansas.
DEATH OF AGUINALDO.
Some Eeasons For Believing It
Has Taken Place.
Washington, Nov. 23. The latest mail
from Manila received at the war de
partment brings an interesting budget of
news from the islands, some of which
heretofore has been touched on in press
dispatches. The Manila papers of Oc
tober IS devote considerable space to a
renewal of the report concerning Aguin
aldo's death in northern Luzon. They
say that the circumstantial character of
this repor.t together with the fact that
General Terias recently has been sign
ing himself "commander-in-chief of the
insurgent forces," lends strong color to
the belief that Aguinaldo may be dead.
The latest account in this line comes
from. Nueva Ecija, in northern Luzon,
where in an outpost skirmish Aguin
aldo's horse was killed and his saddle
bags with a number of personal papers
were captured. It seems that a non
commissioned, officer at this place had
gained the confidence of a native woman,
Maria Ramirez, wife of a general on
Aguinaldo's staff, and had secured con
siderable information as to the move
ments of the insurgents, much of which
had proved to be correct. The woman
told him that in the fight at Nueva
Ecija, Aguinaldo was shot from his
horse and was severely wounded. He
was carried by his followers into the
jungle and subsequently was reported
to be ill with fever. His body after
ward was carried down the river on a
raft, slung in a hammock and complete
ly covered with palm leaves, but the
natives who saw the passage of the raft
were uncertain whether he was dead or
alive. This, together with the claims
of Terias and others of the insurgent
generals to the chief command of the
army, led the local Manila papers to give
considerable credence to the story.
Feared That It May Be Neces
sary to Reconquer Burghers.
London, Nov.23. The Star today com
menting upon the report that General
Botha with his commando is close to De
Wetsdorp regards the news as most dis
quieting and says: "We have heard
many strange stories but one thing we
know, that French was pursued all the
way from Middleburg to Standerton and
got through the terrible neck of the
mountains only by the skin of his
Proceeding, the Star suggests that
Gen. Botha pursued the British, march
ed south and joined hands with General
Dewet and that thus Bloemfontein is
endangered and the Orange Free State
will have to be reconquered before the
subdoing of the Transvaal can be com
menced. In connection with the above
a belated telegram today announces
that Gen. French arrived at Johannes
burg, November 17.
FEDERAL LAW SLITS.
One Is to Set Aside Sale of Property,
Another For Insurance.
Three cases were filed In the United
States circuit court this morning. The
cases were: Sarah M. Figley, an Insane
person, by her guardian, Samuel Hus
ton, vs. A. L. Figley, Daisy Figley, his
wife, Jas. D. Stanley, and Marian
Stanley, his wife. The case is . from
Brown county, and is to set aside the
sale of property belonging to Sarah
Figley ordered by the probate court of
Brown county. It appears" from the pe
tition that the land owned by Sarah
Figley was sold after a mortgage had
been placed upon it by order of the
court, and that the guardian of Sarah
Figley claims that the sale was illegal.
The amount involved in the trial is
The Kansas City & Northwestern rail
road company filed suit some time ago
against the American Curled Hair com
pany of New York, asking that they be
required to pay the railroad company
$6,000 insurance which had been col
lected by the defendants . In the orig
inal suit the railroad company claimed
that the defendants had used a build
ing belonging to the plaintiffs on con
dition that they would keep up the in
surance and turn the money over to the
plaintiff in case the building burned.
The building did burn and the defend
ants today filed a motion vacating the
attachment and garnishment against
them which had been ordered by the
court. They allege that the money raid
was in New York and is not within the
jurisdiction of the court.
The Atlantic Trust company et al. filed
a suit against the Western Farm Mort
gage company to quiet the title of lands
in Reno county which the plaintiffs had
purchased from the defendants.
War Revenue Receipts.
Washington, Nov. 23. The receipts
from the war revenue act for the first
four months of the present fiscal year
Chicago, Nov. Forecast for Kan
sas: Threatening with possibly rain to
night and in east portion Saturday;
0! T?2V WUI Ra llfAAivarl at
Owing to England's Failure to
Ou His Journey Across France
to the Capital.
Boer President Will Spend the
Night at Dijon.
New York, Nov." 23. A dispatch from
Paris to the Journal and Advertiser
The French government has decided
that as England has not notified the
powers of the annexation of the Trans
vaal, Kruger will be received at the
Elysee, if he desires, aa a foreign sov
ereign traveling incognito.
DEPARTURE FROM MARSEILLES.
Maseilles, Nov. 23. Though the en
thusiasm attending Mr. Kruger's depar
ture from Marseilles was not so boister
ous and there was no such crowd pres
ent as awaited him on the quay when he
landed yesterday from the Gelderland,
he had no reason to complain of any di
minution of the warmth on the part of
the people of Marseilles.
Mr. Kruger was up at an early hour
and was ready and waiting when his
landau reached the hotel to convey him
to the railroad depot. Amidst the cheer
ing of a large assembly the former pres
ident of the Transvaal entered his car
riage at 9 o'clock and was driven to the
station. He was accompanied by Dr.
Leyds and Messrs. Pearsons, Wessels,
Fischer, Van Hammel, Rambaud and
Heymens. Just before the departure of
the train Mr. Kruger appeared on the
steps of the railroad carriage, in re
sponse to the shouts of the crowd, and
"Citizens of Marseilles I thank the
population of Marseilles for its warm
welcome. I trust I shall find the same
enthusiastic sympathy in all the cities
which I am going to travel through and
I hope it will be followed by action
which will continue to assist ua and re
sult in abetting our cause."
As the train left at 9:20 a. m., a great
Mr. Kruger will spend the night at
Dijon, where he will arrive at 5:20 p. m.
Extensive police precautions were ta
ken this morning. Detachments of po
licemen were massed along the route
from the hotel to the station, but Mr.
Kruger's departure took place without
any disagreeable incident.
KRUGER'S FIRST STOP.
Avignon Department of Vaucluse.Nov.
23. Avignon, the first stop of Mr. Kru
ger's train was reached at 11 a. m. He
was greeted by throngs of people, shouts
of welcome and a band of music and
was presented with a basket of flowers
to which were attached the French and
The assistant mayor made a speech
and Mr. Kruger responded briefly, show
ing signs of fatigue. He saluted with
his hand, while the crowd cheered him
frantically. Mr. Kruger's train stopped
here ten minutes.
CHEERED BY THOUSANDS.
Valence, Department of Dr,orae, Nov.
23. The train having Mr. Kruger on
board passed here at 1:45 p. m., and was
cheered by a crowd of about 5,000 per
sons. SHIP SUBSIDY BILL.
Senator McComas Thinks Measure
Will Pass This Congress.
New York, Nov. 23 Senator McComas
of Maryland is quoted in a' dispatch to
the Tribune from Washington as say
ing of the approaching session of con
gress: "I am informed that the house will
pass a reapportionment bill. I hope that
this measure may increase the unit of
representation rather than the number
of members. It is better to have one
member for every 200,000 people than to
have a large Increase in the member
ship of the house."
On the suggested diminution of repre
sentation from the southern states, he
said in part:
"It would seem wise. to await the de
cision of the supreme court of the
United States, which must pass upon
the Grandfather Clause of the constitu
tional amendments adopted in Louisi
ana and North Carolina before any ac
tion is taken. It is safe to assume that
the supreme court will shed some light
on this subject and we will thus be fur
nished with far more information than
could be brought out in a general dis
cussion at this time."
Continuing, Senator McComas said:
"I think the subsidy bill will pass
during this session. This bill will be
pressed for early consideration and vote,
and I think that a conservative measure
will be agreed to by the two houses.
"The Nicaragua canal bill will also be
pressed. Everybody is in favor of this
project, but everybody fears complica
tions which make predictions regarding
the disposition of the bill unsafe. Per
sonally, I am in favor of the construc
tion of the canal and I am convinced
that American control must be un
"The bill for the reorganization of the
army is, of course, imperative and con
gress before framing and passing this
bill will be obliged to pay great heed to
the ideas and advice of the war depart
ment. The amount of taxes now accru
ing from the war revenue act must be
reduced and I have no doubt that it will
be. I think . it more important to get
rid of vexatious taxes than to abate the
amount of revenue in any given sum.
The navy will, no doubt, be liberally
provided for during the session."
Oregon's Vote, Official.
Salem. Ore., Nov. 23 The official
count of the vote cast at the election
November 6 shows the following result:
McKinley, 46,294; Bryan, 33,067; Woolley,
2.500; Barker, 267: Debs, 1,470. McKin
ley's plurality, 13.227.
Manila, Nov. 23. Doroton Karragdag,
en insurgent lieutenant colonel, and
Manuelo Lazara, who it is said was Gen
eral Torres' quartermaster, have been ar
rested in Bulacan province. Karragdag
had previously been arrested and pa
roled. Petition in Bankruptcy.
Utica, N. Y.. Nov. 23. A petition in
bankruptcy has been filed by Barnes and
Ladow, door and blind manufacturers of
Mechanicsville, N. Y. The liabilities ag
gregate 62,996; assets, il,9S0.
HE WANTED TO KNOW.
Governor Receives a Peculiar Com
munication "ioui Ciuuagu.
Governor Stanley received a letter
a certain extent the ideas some people
have of Kansas. The letter was referred
to Secretary of Agriculture F. D.
Coburn, who will file it away to keep as
a relic. The letter follows:
"Chicago, 111., Nov. 20th, 1900.
"I take the pleasure to write this let
ter for information. If you can take the
trouble to find home-site's for ten or
fifteen families, the home-Bites should be
one close to the other. Also please let
us know what kind of land it is, either
farming of cattle-raising land, and
please let us know the terms.
"Also letus know how far it is from
a township and from the railroad,
hoping to hear Irom you in the near
future, I remain, youra respectfully,
Louis Baranow:"" " '
ANAHEIM Ifl DANGER.
Santa Ana River Threatens to
Engulf the Town.
Anaheim, Cal., Nov. 23. The flood sit
uation here Is alarming. A break in the
Santa Ana river has brought the water
to within a mile of the town, which is
fifteen feet below the bed of the river
and if the rise in the latter continues
the town will be "swamped. The Catholic
cemetery was reached last night and is
under a foot of water, In the peat
lands breaks In the Santa, Ana river
have let in a large volume of new water
and the celery men fear the entire crop
of 1,500 cars will be lost.
Over 100 families have been driven
from their homes and there is fear that
people in isolated sections have been
drowned. The Southern Pacific has lost
a mile of track on the Los Alamitos
branch. All that country is flooded.
Two thousand feet of track are out
across Coyote flats. The Santa Fe got
a train here from Santa Ana, but it can
go no further than Fullerton. Beyond
that 2,000 feet of track are out at one.
place and 1,000 feet further on, whiie ten
miles of roadbed is unsafe.
A G UINALDO ALIVE.,
Filipino Chieftan Suffering Prom a
New York, Nov. 23. United States
Consul Wildman, says a World dispatch
from Hongkong, has Information that
the Filipino junta at a meeting held
November 15, decided to brave the
chances of deportation rather than quit
Recent correspondence between the
junta and the insurrectionists proves
that Aguinaldo is still alive, but he is
said to be suffering from a gunshot
wound in his stomach.
The Hongkong junta has also decided
to make another attempt to send arms
to the Filipinos, in a launch which, it
is rumored, will probably fly the Ger
man flag. The venture will be in charge
of Colonel Julio Del Pilar.
Hayes and Garcia, two Filipino
agents, have a large stock of munitions
of war at Macao.
The Chinese general, Pana, who was
recently deported from the Philippines,
has been conferring with the Junta at
Hongkong but has gone to Singapore.
LOST IN MOUNTAINS.
A Hunter Despairing of Rescue, Com
Republic, Wash., Nov. 23. Lost In the
mountains with a blinding snow storm
around him, George Melvin despaired of
relief and shot himself lastgSght. With
Judge Ransom he had gone'-rie'er hunt
ing. They lost their bearings and Mel
vin became exhausted. Ransom left
him to bring aid and brought news of
his partner's danger to Republic. A re
lief party .went out this morning and
found Melvin's dead body. He had
placed a revolver in his mouth and
pulled the trigger. The body was warm
when discovered. Melvin was a pioneer
of the reservation.
Reports of Distressful Conditions in
San Diego, Cal., Nov. 23. Several hun
dred Indians in this county are threat
ened with starvation. They have made
no provision for the winter, and are now
suffering for want of food.
Mrs. Mary Watkins, the teacher of
Mesa Grande reservation, where there
are 306 people, of whom twenty-seven are
so old that they are helpless, writes of
having visited seven of the reservations
and found the Indians in a dreadiui con
dition of want in all of them. Children
and women are almost naked, and there
is not enough food in many of . the
lodges to keep the inhabitants thereof
alive through the winter.
The Manzanila berries were a failure,
and the acorns dropped from the oak
trees in June because of the lack of
MRS. BARNES GETS $405.
Secures Judgment Against Mrs. Sells
Greenspan. The Jury in the district court yester
day returned a verdict in favor of Mr.
J. W. Barnes and Mrs. Mary Barnes
for $405.88 against Mrs. Allan Sells
Greenspan. Mr. and Mrs. Barnes lived at the
Chesterfield hotel in 1897 while Mrs.
Greenspan managed it and a board bill
of $74 accrued. Mrs. Greenspan held
effects of the two for the bill. The out
come was that Mr. Barnes claimed he
tendered the money and it was not ac
cepted and asked for $1,700 damages.
To Push Neely Case.
Havana, Nov. 23. Messrs. Conant &
Wright, who have been acting as counsel
in the prosecutions growing out of the
postofPce frauds, have received official
notice to turn over to the fiscal all
papers and other evidence bearing upon
the case in their possession. It is said
that Horatio Rubens will be assigned to
take charge of the prosecutions, and
that in the case of Charles F. Neely pro
ceedngs will be vigorously pushed.
Couldn't Fill His Place.
Chicago, Nov. 23. Andrew Crawford,
a prominent capitalist of this city, died
last night. Mr. Crawford was for many
years western agent of Drexel, Morgan
& Co., but resigned to take care of his
personal affairs One year ago Mr.
Morgan informed him that they had been
unable to fill his place satisfactorily, and
at his particular request Mr. Crawford
assumed the position once more at an
annual salary of $SO,000.
Barker Third Man.
Little Rock, Ark., Nov. 23. The offi
cial vote of Arkansas was announced
today as follows: Bryan, 81,142; Mc
Kinley. 44.700; Barker, 991; Woolley.
5S9; Ellis. 384. Bryan's plurality, 36,442,
against 72,591 in 1S9&
LYONS A KICKER.
111.1 3 OC113 illUO UJCU AJJJ
Tried to Kick the Chandelier.
Evidently He Was an Utter
Failure in That Line.
A LOQUACIOUS PORTER
James Watson Tells Every
Thing He Knows.
Took Underwear and Things to
Harry Lyons For Mrs. Sells.
The excitement in the trial of the Sells
case, which followed the testimony of
the Sell3 servants, was duplicated by the
testimorry of James Watson, porter at
the Park hotel, when the Sells family
He knew Mr. and Mrs. Peter Sells when
they boarded at the Park. He located
their suite as being on the third floor,
facing on Goodale street. Four stairways
led into the building. He knew Harry
Lyons. . He took his meals at the Park
hotel and roomed .at a Mrs. Stayman'3
house, on Park street. Watson acted as
a sort of valet to Lyons in addition to
his duties as hotel porter. He had seen
Lyons visit the Sells suite in the Park
hotel. Such visits were almost daily,
both when Mr. Peter Sells was at home
and when he was not. Mr. Lyons' even
ing calling hours were from 8 o'clock to
12:15. When Mrs. Sells was confined to
her bed by sickness Lyons frequently
called at her room No. 162 and sat by
her bedside, and sometimes sat with her
while she ate her lunch in bed.
Once Mrs. Sells called the witness to
her room to take a letter to Mr. Lyons at
his rooms. Frequently he was called to
Mrs. Sells' room in the Park hotel, and
told to tell Mr. Lyons to "come up" if
he was about the hotel. This sometimes
occurred in the afternoon and sometimes
in the evening. He carried letters to Mrs.
Sells from Harry Lyons. He occasionally
carried packages between them. Once
Watson wrapped up two night shirts, by
Mrs. Sells' direction, and carried them
to Lyons' room. Mrs. Sells explained that
she had bought the shirts for Mr. Lyons,
at his request, and wanted to deliver
them. Watson wrapped them up in Mrs.
Sells' bedroom. They "were not a
pure white, kind o' cream color, with a lot
of fancy business down the front. They
were pretty good night shirts."
Once again Watson wrapped up two
suits of underwear for Mr. Lyons at Mrs,
Sells' direction, she making the same ex
planation of purchasing it at Lyons' re
quest, as "Mr. Lyons is not a good jude:e
of underwear." He also wrapped up neck
ties and handkerchiefs for Lyons fre
quently and carried them to his room.
He couldn't count the number of times
he performed such errands. Mrs. Sells
made the same explanation.
Another bundle of underwear was trans
ferred the same way. Watson also deliv
ered many other packages, the contents
of which he had no knowledge. Some
were large and soft, as though more night
shirts were in transit. Others were small-
' er and might have contained anything.
Xrom stationery to perfumery.
Sometimes when Watson came to the
door of Mrs. Sells' rooms he found it
locked. Sometimes the doer was after
ward opened and he found Mr. Lyons
and Mrs. Sells within. Miss Florence, the
daughter, was at school.
"Sometimes Mrs. Sells would say, Why,
Harry, did you lock this door?" and he
would say, 'I don't know; I may have
turned the key by accident.'
"Whoever would come to the door would
say to the other, 'Why, did you lock this
door?' and the other would say. 'Why, I
don't know, I might have locked It.'
These meetings behind locked doors oc
curred at night, he thought, before the
show went to Australia -tn 1S91, but not in
daytime until after the show returned.
Once Watson came up the hall, and
found the door ajar. He walked in, and
was dumbfounded to find Lyons with his
arms around Mrs. Sells, while she held
"The doah was wide pen befo' dey
broke away," continued Mr. Watson.
"I reckon I looked surprised, for she
said that she was holding Harry's hat.
He was trying to show her how high he
"Then Lyons said he would try to kick
the chandelier. It was about six feet over
"Did he kick it?"
"He got his foot about two feet often de
The witness testified to a conversation
he had with Mrs. Sells about Fred John
son, the coachman. Mrs. Sells said she
wanted a quiet man who did not talk
about what he heard or saw.
Mr. Huling opened the cross-examination
"Who discovered you as a witness In
"Well, you got me guessin' again. I
doan' know what you mean."
Watson was enlightened, and declared
he first talked with Attorney Sater.
"Have you had occasion to borrow any
money from Peter Sells since last fall?"
"I never did."
He never carried lunches up to the so
cial card games which were Peter Sells'
amusement when at home. He only car
ried lunch to Mrs. Sells and to Lyons.
Watson could not get his midnight lunch
until Mrs. Sells' lunch was served, as the
night clerk would not give him the key
to the dining room.
Accordingly Watson was in the habit of
calling at Mrs. Sells' rooms to ask if she
"I would go to the clerk, Tom Owens,
and ask if Mr. Lyons had gone away.
If he had, then I would go up and see
Mrs. Sells. Sometimes when he stayed so
late that I got hungry I would go up
stairs and ask if she wanted lunch before
he went away."
When Peter Sells was at home he fre
quently sent for Lyons to visit the suite.
Other men were also sent for.
Others called at the Sells rooms, but no
one stayed as late as Lyons.
Watson remembered the night shirt Inci
dent as occurring in the year 1891. because
that was the year he was married.
"Isn't it a fact. Mr. Watson, that this
story about the night shirt is all a fake,"
asked Mr. Huling.
"No, sah. That's as true as I live," "de
clared the witness, mopping his brow. "I
can see that little fancy work business on
the front now."
Watson was unable to give a more lucid
description of the shirts, which called a
comment by Huling on the remarkable
facility of the memory which should re
call the stripes on a night shirt for nine
Lewis Eader. a street car conductor, was
the next witness for the plaintiff. He had
the late run during the summer and fall
of 1S99 on the Main street anl Neil avenue
He identified William Bott as a man
who got on his car on High street and
alwavs got off at the corner of Neil and
Buttles avenue. He usually got on the
car at tne same point, aoout Jl o clock
and returned down town. These trips were
very frequent, and were always taken
Peter Walsh, the engineer at the Wyan
dotte sky-scraper, was the next witness.
Walsh was a beau of Liza Donahue, the
second girl at the Sells' residence.
Up to a year ago he called twice a week
to see Miss Donahue for three years.
Once in a while he worked In a.n extra
night. Thursday and Sundays were his
Walsh told of seeing Bott on watch near
the Sells residence twice. Once he stopped
across the street, and looked up at the
windows of the Sells house. Satisfied
with his inspection he crossed the street
and passed under the porte-cochere.
On another occasion Walsb was "sitting
up" with Miss Donahue in the Sells kitch
en, when they heard footsteps pasaine
rapidly through the house. Their owne
apparently went down cellar, where the
beer was kept, and after a iihort stay re
turned and went to the front part of th
house, down stairs. He also heard doors
ciosir.c. i I'iai niB'tt V"!i ai,-! !3ctt
on the same car on their way dow,i town.
He once saw Bott enter the residence.
other man about the residence.
"Yes, I saw one other mail, that is, if
you don't count Mr. Sells."
Mr. Sa.ter assured him that he did not
count Mr. Sella. The witness described
Lvons as tills second visitor. He was rid
ing a wheel. Lyons placed his bicycle In
the front veranda. On other occasions
he entered the north door.
On cross-examination one new fact was
developed. Walsh said he was at the
Sells residence on March 4 last.
"Why did you go there?"
"I followed Billy Bott there."
"Who employed you to follow Bott?
"Why did you follow him?"
"I wanted to see if the fellow had sand
enough to go there after the scandal be
came public property."
Walsh is a possible winner in the com
petition for the shoes left vacant by the
enforced resignation of Police Inspector
Walsh betrayed a properly scrappy dis
position. He refused to answer a ques
tion propounded by Huling, unless Huling
put it in a proper way.
Huling called upon the court to force
Walsh to answer. When the question was
repeated Huling adopted the form de
sired by the witness.
"Now you're cotnin' at it." declared
Walsh. "I'll answer that question."
Walsh declined to put his idea of dis
tances an this night expedition Into fig
ures. Court adjourned at this point. Huling
will insist that Walsh answer his ques
tions. FIGHT SEASON OPENS.
Numerous Engagements Report
ed in Philippines.
Manila, Nov.23. Lieutenant Frederick
Alstatter of the United States engineers
who was captured by the insurgents
early last September, north of San Isi
dro, has been released. He entered the
American garrison at Gapan, province
of Neuvaecija, Tuesday evening, his ap
pearance there being a great surprise, aa
Aguinaldo's order for the release of
American soldiers included only enlisted
men. He will start for Manila tomor
row. A detachment of 100 men from com
panies I and M, Twenty-fifth United
States infantry, colored, under Captain
O'Neill, made a clever capture of 30 in
surgents with rifles, supplies and 1,500
rounds of ammunition in a camp east of
San Marcelino, which the Americana
charged at daybreak. Among the rifles
captured were a few Krag-Jorgensens
which the insurgents had recently se
cured. Several of the Filipinos were in
jured. Captain Gulik, with IS men of the Forty-seventh
Infantry, had a sharp en
counter with insurgents concealed in a
block house near Binorongan. The in
surgents fired a volley from 30 riiies on
the approach of the Americans, wound
ing two, one mortally. The firing soon
became hot on both sides. With nine
men Captairf Gulik swam the river,
gained the hillside, routed the enemy
and incidentally killed several fleeing
The same party with a score of com
rades, drove the insurgents from Bula
am, where they were entrenched. The
detachment killed 14 and captured five
in two days. Numerous reports of minor
engagements and captures in southeast
ern Luzon have arrived here in letters
brought by steamer.
The Philippine commission has passed
the bill for the civil government of
townships in the province of Benguet,
first adopting a few minor amendments
suggested by Filipinos.
Excites Much Sympathetic Interest
London, Nov. 23. Sir Arthur Sulli
van's death has a widely sympathetic
interest for Englishmen and the morn
ing papers are filled with obituary no
tices, sketches and reminiscences.
The Dally News says:
"The death of no other contemporary
man of genius could have awakened a
more general and personal regret. Sir
Arthur holds a place in the Victorian era
with Gladstone, Tennyson and Darwin."
This expresses the general feeling.
Various opinions are given as to ihia
place in the musical pantheon, but the
general verdict is he has been England's
most representative composer since
The final scene calls for a brief de
scription. During the morning his
nurses noticed alarming symptoms and
sent for the doctors, but the end came
before they arrived. About 9 o'clock af
ter he had been chatting and taking hia
coffee he suddenly sat up with the ex
clamation, "My heart, my heart." He
began to faint and restoratives were ap
plied but he never regained conscious
ness. The end came quickly and pain
lessly. It is said his father died in al
most precisely the same way.
The body will be embalmed and In
terred in Brompton cemetery, unless a
6trong feeling should develop in the pro
fession in favor of asking the dean to
allow burial in Westminster Abbey,
which might change the plans. His pro
jected opera for the Savoy is still tin
scored for orchestra.
MOSQUITOES SPREAD FEYEIl
Trouble in Cuba Responsible Largely
to the Little Insect.
New Tork, Nov.23. The Tribune says:
It is understood that a report concern
ing the investigations of the acute in
fectious diseases prevalent in Cuba will
soon be made to Surgeon General Stern
berg. This report, it is declared, will
show that mosquitoes are largely re
sponsible for the spread of yellow fever
in Cuba and that a physician who ex
perimented on himself to larn if this
theory was true, died from yellow fever,
the germs of which had been injected
into his system by a mosquito that had
bitten a person afflicted with yellow fe
ver. It will also show, it is said, that an
other physician who experimented in a
similar manner was stricken with yel
low fever, but recovered. Dr. Jesse W.
Lazear is said to have been the physi
cian who succumbed to the disease and
Dr. James Carroll was the one who re
covered. Drs. Carroll and Lazear were
stationed in Cuba at the time of the ex
periment. Hawaiian P. O, Regulations.
Washington, Nov. 23. The third as
sistant postmaster general has issued
an order that as Hawaii is now a terri
tory of the United States with the do
mestic registration system in full op
eration there, all postmasters making
up registered mails must address them
not only with the postoffice name, but
with that of the island on which the
office is located, and add the name of
The Torte Rejects Request oi
For an Exequatur For a Consul
VIOLATES A TREATY
Consul Is Ordered to Co Ahead
Just the Same.
Yisit of the Kentucky May
Make a Difference.
Constantinople, Nov. 23. The Porta
has definitely rejected the request for
an exequatur for a United States consul
at Harpoot. This failure ia regarded by
the United States legation as a direct
violation of treaty rights, and C(m:
quently, despite the refusal, DT. Thoma
IL Norton, who was appointed by Pres
ident McKinley some time ago to t-stab-hsh
a consulate at Harpoot, has be-r di
rected to proceed ti his iist. Tli ex
pected visit of the battleship Kentucky
to Smyrna is believed to relate quite J
much to this matter as to the indemnity.
OUR SIDE OF THE CASE.
Washington, Nov. 23. The rrfusal cl
the Turkish government to grant an ex
poot Imis not yet been notified to th
equatur to the American consul at Hir
sute department- Jt was scarcely ex
pected that such notice would be made,
as the Turkish way generally is procras
tination, rather than direct refusal,
which serves the eamt end, without giv
ing tangible ground for reprisals.
Dr. Norton, who was appointed1 con
sul at Harpoot ll!l9 now been In Con
stantinople awaiting: his exequatur
about three months.
The claim of the United States In th!
case was based upon article 2, of May
23, 1S30, which reads: "And the UnituJ,
States may appoint their citizens to b
consuls and vice consuls at tha com
mercial places in the dominions of th
sublime port, where it phall be found
needful to superintend the affairs f
commerce." The Turkish objection to
the establishment of a consulate at
Harpoot and Erzcroum under this ap
parently clear permission lias been
based on the rather novel reason that
there was no commerce t these t
points and It lias been dltlicult for our
officials to establish the contrary pro
position. But some time brc the Turk
ish government accorded to the Brit is.!
government tiie right to establish a con
sulate at Harpoot and the frtute d'-imrt-ment
based an additional claim on the
"favored nation clause" of its general
treaty which would appear to warrant it
In demanding the naiim prlvlWo f es
tablishing a consulate nt a given point
In Turkey as was granted to Ureal lirlt-
""icENTUCKT SAILS SATURDAY.
Naples. Nov. 23 The United .st.ite
battleship Kentucky which arrivod heru
November 19, sails tomorruw for
MEDDLE WITH JURORS.
Judge Shinn OItos Strict Or
ders in Morrison Trial.
Kansas City, Nov. 23. A special to the
Star from LI Dorado, Kan., says:
Jude Shinn this morning at the open
ing of the Jessie Morrison murder rnse,
Intimated that there had Ih-cii an attempt
to inlluence Jurors. "Some one him lrr
taJklng to Jurors who ha.ve be-n sum
moned In this rus." aid h sternly. "The
caise, I understand, ha.s Inien discussed
among Jurors and outsiders. Now, 1 do
riot want any one to talk to Jurors about
this case, and, furthermore, if I learn ot
any one who has violated thia charge I
will Instruct the prosecuting attorney to
proceed against him at once. Men who
nave been summoned lor this trial raut
not discuss it among themselvtu."
The selection of a Jury was resumed.
One of the men examined, J. J. Johnson,
asked whether or not ajiy one had ftls
cus.sed the ca.se with him, admitted that Jt
man, whose name hri did not know, lml
talkud it over with him Uila moiion. lid
It. C. Long, of Kl Dorado, who was ac
cepted yesterday Ity the prosecution, wm
recalled and examined by tha county at
torney. He had sinre his selection, tm
said, conversed with one of the wltnessei
in the case, and ho likewise was excused.
At. 1U o'clock tho court announced a
recess of an hour to wait for the arrivnl
of more of the venire of 2"", summoned
yesterday. No progress h:ui been niado
when at 11:30 another recess, till 1A p. ui.,
Of the GO men examined up to thu
morning, all but 11 had ls-en lUnchareci
for cause. These are acceptable to Iht
prosecution, but have not yet ben exam
ined by the defense.
Deputies are sconrlnfr the country to
serve the warrants issued yesterday, but
as yet only a limited number of prospec
tive Jurora have stranded Into court.
A heavy rain ami hall jslorm lessened
the crowd of siHctutnrs today, but a fair
representation of curious sr present
when court opened.
AN ENGLISH SYNDICATE
Sends Expert to Examine Colors
Mine With View of Purchase.
New York, Nov. 23. A dispatch to tt
Herald from London, says:
Mr. Frank (iardner, the Australian
miner of Kn.irli.sh racing; fame, has kooa
to America to ins-pci t "Tom" Walsh s
Camp liird mine in Colorado, with a. view
to purchasing It for an Knelish syndicHt.;.
Your correspondent has Um best author
ity for denylriB the ntatement that em
ber, Beit fe Co. 'urcha'-ed the 1'orlland
mine or are pUtnnlnc to buy It.
The owners of the mine are wlarmtd hv
the Stratton's Independence coiiap.se and
have sent Mr. "Kred llradiey, one of th
lirst mlnlnK engineers In America, to ln
apect the property.
Stratton's will pay no divlelond for the
presr nt. I'ronts will ik diverted to tno
development of the mine.
Vote of Illinois.
Sprinjrfleld, 111., Nov. 23 Following
Is the official vote of Illinois on presi
dent and governor: 1'resident: M Kin
ley, BUT.Sjn; Bryan. S01.!7u; Woolley (Pro
hibition), lT.h2."i: Debs (Social Dcmocrjn .
9.6T2. For governor: Yates (Hep.). f,vi.
l!Ss ; Aishuyler (Item), r.lS.Wi;; Harm-
(ITohibition), li,b4;!; JtVrry isjocial Dem
Berlin, Nov. 23. Criminal Commis
sioner von Trew kow Thirl, who It wu
announced in court yesterday had. ab
sconded, has been arrested. Thiel ban
been prominently connected with the
case of Sternberg, the Berlin bariser,
who has been on trial for some tins'
pa.t, accused of an oileuae againt
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