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.J i: 1 ! V LAST .EDITION. TIIURSDAY EVENING. TOPEKA, KANSAS, APRIL. 25, 1901. TIIURSDAY EVENING. TWO CENTS. 7" 1 i k F7 - n ! i r RS. SELLS DEAD Widow of Allan Sells Expires Suddenly Today. Called For Help but Death Came More Swiftly. HAD SOT J3EEN WELL. Recently Returned From Visit to Will Sells in South. Supposed That Her Sickness Was Not Serious. WAS CONSIDERED RICH Left a Will But ProTisions Are Not Known. The Fortune is Probably More Than $200,000. Mrs. Sarah Anna Sells died this morn ing at 3:40 o'clock at her home, 717 Quincy street of heart failure. At 3 o'clock Mrs. Sells awoke and call ed to her companion, M;ss Barbara Tauer, who was sleeping in the next room. She complained of difficulty in breathing. Dr. J. E. Fie!;:, of Kansas City, who was visiting at the hous, was called and he administered stimulants and a. consulting- physician was sum moned but before he arrived Mrs. Sells was dead. She did not speak after call ing her companion. Mrs. Sells had not been in the best of health for some time but nothing ser ious was anticipated. Mrs. Sells had but just returned from the south where the went to see the first performance of the season of Will Sells' circus at Sa vannah, Georgia, on April 6. She re mained with the show for a few d?ys and returned to Kansas City from Ala bama. At Kansas City she was joined by Mrs. Blanche McClellan, an old time friend who used to live at the Chester field hotel in this city when Mrs. Sells managed it and lived there. Mrs. Mc Clellan was lil after reaching Topeka and her physician. Dr. Fick was sum moned from Kansas City and was to have returned there today with her. On the train going to Georgia Mrs.Sel!s was slightly injured by a collision. She was standing near her seat arranging her hat when the . train ran into a freight. Mrs. Sells was thrown against the seat and her knee was injured. Af ter returning from the southern trip Mrs. Sells was not feeling well and she summoned a physician who told her that Fhe was worn out and needed rest. Mrs. Sel!s was the widow of the late Allan Sells, one of the Sells brothers In the circus business. Mr. Sells was mar ried to Sarah Anna White about 35 years ago. Her home was near Colum bus. Ohio. At that time Mr. Sells was in the circus business and Mrs. Sells traveled with him for several years and took a. small part in the circus features. Will Sells, known as their son, was adopted by them when he was a few months old. He was trained as a bare back rider and was a feature of the cir cus for many years. Later he held a contract with the Barnum circus and traveled abroad. He had trouble with Bai num's and then started a. show of his own. The Sells brothers objected to his using the name of Sells for his circus and law suits and a bitter fight followed. Mrs. Sells sided with Will Sells. He was in all ways a son to her. When Mr. Sells died he was the own er of a large amount of real estate in and about Topeka and a stockholder and director in the Central National bank. Mrs. Sells inherited his properry and has managed and looked after it rince. When Mr. Sells died he was said to be worth between two and three hun dred thousand dollars. Mrs. Sells has kept the estate intact but with depreci ated values she is thought to have been worth about $130,000 or $200,000. Mrs. Sells owned her home on Quincy Etreet. the Chesterfield hotel, the Park-hurst-Davis building, a business house on West Tenth avenue, considerable city property and five or six farms in the county. One of the largest farms is known as the Sells farm east of Topeka. At one time Mrs. Slls managed the Chesterfield hotel. Not long ago she had her home rebuilt and refurnished. Not long after the death of Mr. Sella, Mrs. Sells was married to Simon Green span, of Topeka, who was many years her junior. The wedding ceremony took ijiace at Kansas City. Mrs. Sells never allowed her second husband to have any control over her property. About two years ago Mr. Greenspan became insane and was sent to the state asylum. After a short stay there he was released as cured but he still had hallucinations and It was finally found necessary to send him to a private asylum at Leaven worth. He died there six months ago. His own family paid his expenses at the rrivate asylum and he was buried in the Greenspan lot at Leavenworth. Mrs. Sells will be buried beside the bodv of Allan Sells in the Topeka cemetery." She had her name of Sells restored in the district court. Mrs. Sells made a will some vears ago and it is supposed that William Sells, son, will be named as the heir to her property. Mr. and Mrs. Sells had no children. William Sells has been tele graphed at Pratt City. Alabama, of the death of Mrs. Sells and Mrs. Emma White and Mrs. Rachal Colby, of Day ton. Ohjo. sisters of Mrs. Sells, have been notified. MRS. SELLS' AGE. Mrs. Sells is supposed to have been 62 Jears of age at the time of her death. Although she hnd lived in Topeka for more than '2t years. sJU very few knew her intknately enough to know her fitre. Mrs. Sills was a very large woman. She was quite tail, standing: about 5 feet 10 Inches in height. She was very fieshv. Hnd probably weighed over 3ea pounds. Her weight was a delicate subject with her. and for years she had not been Wt-iphed. Mrs. Sells was a familiar figure n the streets. She drove a white horse in a low phaeton. The horse was the one which Will Sells U3d to ride in the ring same was Chesterfield, and the hotel by that name near the Rock Island depot was named for him. . WILL, SELLS COMING. A telegram was received at noon from Will. Sells, who is with the Sells-Gray circuses in Alabama. He will arrive in Topeka tomorrow, and the funeral will probably not be held before Sunday. Will Sells had considerable trouble in the circus business, both while he was a performer and after he became a man ager. The Sells & Rentr'row shows, which he was part owner of. failed after a sea son's bad business. Two years ago Mrs. Sells came to Will's rescue, and he was enabled to go into partnership with Gray, and for two years now they have had a railroad show on the road. PKOI'ERTIT MAY GO TO GRANDSON. Mrs. Sells left a will, which was drawn up several years ago. The will is in the charge of P. I. Bone brake, and is locked in the vault of the Central bank. It is not known what the will contains, but it is generally supposed that besides a few small bequests that Mrs. Sells has left her fortune to Will Sells' son. who is about 32 years of age. The grandson was a great favorite of the late Allan Sells, as Weil as of Mrs. Sells. It is supposed to have been the desire of Allan Seiis that his grandson inherit the estate, anil it is thought that Mrs. Sells carried out her husband's wishes. MRS. SELLS' DIAMONDS. Mrs. Sells owned a large number of diamonds, valued at several thousand dollars. She wore them occasionally to the theater and at home when entertain ing company. Mrs. Sells was always fearful lest some successful attempt would be made to steal her jewels. Several unsuccessful at tempts have been made to enter the house. Mrs. Sells always had private n V ' o. Mrs. Sarah Ann Sells Who Died Suddenly Today. watchmen keep a close guard over the house during the n:ght. For a year or more Will and Al Hopkins have watched the house, and everv evening before they went on duty on their beats they report ed to Mrs. Sells, and every night about 2 o'clock thev rang the front door bell, and awakened her. so that she might know that they were on duty and that no one was in the house. This morning P. I. Bonebrake took the casket of diamonds and jewelry to the Central bank vault for safe keepiiig. Mrs. Sells was a kindly dis posed woman, and very often on rainy nights, early in the morning she would send for policemen and watchmen who were near her home to come to her house to warm and take some refreshments. PAID $2,630 TAXES IN SHAWNEE COUNTY. The reports of the county assessors show that Mrs. Sells owned 778 acres of farm property in Shawnee county andu lots in the city. The figures of the as sessors indicate that Mrs. Sells was worth $175,000, but does not include the out of town property, of which there is considerable. The following is a list of the city property owned by Mrs. Sells: The Parkhurst-Davis building, on three lots on lower Kansas avenue: four lots and the Chesterfield hotel; two lots on the southeast corner of Kansas avenue and First street: lots 202 and 204 Kansas avenue, where the old John P. Cole barn is; a lot at 150S Kansas avenue; lots 26 to 30 Quincy street; 204 to 210 Monroe street; lots 524 and G26 West Tenth street: lots 717 and 71!) Quincy street, the Sells home; lots 1105 to 1111 Polk street; lots 730 to 734 Locust street; lots 225 to 229 Quincy street; a lot on Kansas avenue, near Gordon street: lots 1401 to 1425 Clay street, in Pierce's addition: lots 1330 to 1326 Bu chanan street: lots 1400 to 1422 Buchan an street; 14 lots in Throop's second ad dition on Buchanan street: lots 1807 to 1813 Fillmore street, and six lots in Swygart's addition on Sixth avenue east. The assessed valuation of the city property is $43,235 and the taxes for 1SO0 amounted to $2,261.16. The country property included a tract of 60 acres, another of 80 and one of 240 acres in Tecumseh township; a tract of SO acres in Mission township: two tracts of 160 and one of 80 acres in Mon mouth, and 18 acres in Soldier town ship. The assessed valuation of the country property was $12,460 and the taxes $39.11. Mrs. Sells' personal property in the city was given as having an actual val ue of $6,090 and the personal property on the Sells farm in Tecumseh town ship to be worth $1,500. Mrs. Sells owned 19 shares in the Central National bank at par value of $100 each. Mrs. Sells' total tax for 1900 was $2. 650.27. The total assessed valuation was $"5.e93. which in reality represents about one-third of the actual value. MADE FEW GIFTS. Mrs. Sells, although a wealthy wo man, was not known as a giver, and in her life her donations were few. At one time it was understood that she promised Dr. S. B. Alderson. then pastor of the First Presbyterian church, that she would do something toward clearing the church of debt. It was sup posed that she would pay half the in debtedness, but Dr. Alderson left town for another charge and the bequest was never made. At numerous times those interested in public institutions in the city endeavored to get her interested. She always listened to them but never aided any of them financially. EXCURSIONS TO KAN. CITY And Keturn by Santa Fe Route $2.00 Account Odd Fellows' celebration. Tickets on sale April 25 and 26. good returning April 2S. Six trains a day in each direction. "OUR PEOPLE ARE STARVING." Language of aRepresentatire of Porto Rican Planters. Conditions Worse Than They Ever Were Before. DUE TO POLITICIANS Who, He Says, Are the Lowest Class of the Inhabitants. Tax Law Was Drawn Up by a Theorist. New Tork, April 25. When Dr. I. S. Rowe of the Porto Rican code commis sion reached here several days ago he said in an interview that conditions on the island had been much improved de spite statements made by "a small ele ment of the population in a spirit of pessimism." To this assertion of Dr. Rowe, exception is taken by Wenceslao Borda, jr., a member of the commission chosen by the planters', bankers' and merchants' association of Porto Rico to present to the United States govern ment the ideas of that organization re garding the state affairs on the island, particularly in connection with the Hol lander revenue law. "Our people are starving," said Mr. Borda in an interview, "and the island is in a worse condition under the rule of Gov. Allen than it ever was before, even when Spain held sway. So hope less is the state of affairs that fathers sell their davghters to keep them from dying of hunger. These people who say the country is flourishing are the office holders, representatives of that class of professional politicians into which Gov. Allen has fallen the lowest class of all the island's inhabitants. "This tax law to which we object was framed by Prof. Hollander, a theorist, with no practical knowledge of Porto Rico. It was passed by the insular leg islators a few minutes before they aa journed. Gov. Allen signed the meas ure immediately, although he had a right to wait for ten days, which we, who objected to the law, had every rea son to expect bin to do. Meanwhile, sure that he would wait, we called a mass meeting of the business men from all over the island. It was by that meet ing that we were appointed commis sioners. Those who appointed us repre sent 60 per cent of the money interests of all Porto Rico, and they are not poli ticians. The mission on which we have been sent here involves the life and death of our corporate success or demo lition in Porto Rico." Mr. Borda and his associate, Mr. Bal bas. have filed 18 objections to the Hol lander revenue law. Chiefly they pro test against the provision taking away the right of redemption from the tax payer who is delinquent for six months. They oKject. too. to the excise taxes, especially the one of 80 cents a gallon on rum. "Gov. Allen answers this last protest of ours," said Mr. Borda, "by saying that the tax on rum in the United States is $1.20. so we ought not to corn plain. He forgets that the rum indus try here is only incidental, while with us it is a principal industry." Contract Wife Recognized. San Francisco. April 25. The Examiner says: Mrs. Clara Kluge-Sutro has se cured from the representatives of the Adolph Sutro estate a recognition of the claims urged by her and her children, Adolph Sutro. jr.. aged 9. and Adolphine Sutro. aged 7 years. The settlement, which is on the basis of $150,000, has been agreed upon. The woman claims to have been the contract wife of the late mil lionaire mayor. It is intimated that she may secure the famous Cliff house as her share of the estate. Before his death Sutro executed a deed conveying to these children real estate in this city which was then estimated to be worth $50,000. No Consolidation. New Tork. April 25. President W. A. Roland, of the Detroit and Chicago Trac tion company, denied the reports that ne gotiations are under way between his company and the Detroit, Ypsilanti & Ann Arbor street railway looking to a consolidation of the two corporations. Mr. Boiand said: "There is no truth in the report. We will enter into no consolida tion and our road will be running to Detroit by the first of October." Weather Indications. Chicago, April 25. Forecast for Kan sas: Generally fair tonight and Fri day; southerly winds. n vim REVISITS AMERICA. M. Jules Siegfried Who Came Over in Lincoln's Time. Washington, April 25. The French ambassador called at the White House at 11 o'clock this morning and intro duced to the president M.Jules Siegfried, formerly minister of commerce, industry and the colonies in the Ribot cabinet and also an official of long service in the French senate and in the chamber of deputies. M. Siegfried's visit to the pres ident recalls the fact that during his last visit to American in 1861 he was re ceived by President Lincoln and enjoyed a pleasant exchange of views with the president of that day. At that time the forces of the North were hurrying through Washington and M. Siegfried accompanied Gen. McClellan in a review of the army of the Potomac. In the call at the White House today the president spoke in most friendly terms of the re lations between this country and France. M. Siegfried was seen later in the day and talked in an interesting manner on the purposes of hi3 visit to this country. He said: "I come to look Over the remarkable growth of America in all commercial and industrial lines and to study econ omic matters, which are being develop ed. Naturally I am much interested in the extension of commercial relations between the two countries. There seer.?s to be no reason why our mutual trads should not be very largely increased with advantage to both countries. More ever, it seems to me possible so to ad Just tariff concessions on both sides thtit there will be no disadvantage to special lines of industry or- production, the ex change being encouraged more particu larly on lines of goods which one coun try produces and which the other does not produce. There are great opportun ities for an increased use in France of the American products of Iron. It is quite certain too that if the United States takes the initiative in making concessions France will reciprocate in the fullest measure. The prevailing sen timent in France is favorable to a pro tective policy although personally I am rather inclined to free trade. But in any event I am quite sure that some middle ground can be secured to the advantage of both countries. I am glad to say there is the most cordial sentiment en tertained throughout France toward the United States. This is traditional with us, but there never has been a time when the feeling was more genuine than it is at present." M. Siegfried was asked as to the re cent reports that some of the European powers might unite in a commercial al liance directed against the United States. "That might come about," said he, "and it is an additional reason why it is desirable to have the two republics to enter into close commercial associa tion." M. Siegfried also expressed an inter est in the movement going on In this country to build up the merchant ma rine by the payment of subsidies. He says that France already has a subsidy system which assisted to a considerable extent in meeting the commercial su premacy of Great Britain on the sea and he enters the view that like encour agement in the United States would bring about similar results ir. the devel opment of the American merchant shipping. He will remain in Washington until tomorrow when he starts on an exten sive trip through the west, visiting the Carnegie works at Pittsburg and going thence to Chicago, Milwaukee, St. Paul and many other points, returning by way of Canada to Boston and commer cial centers in New England. $1,600 FOR A BOOK. Old Volumes Brine Big Prices at a Boston Sale. Boston. April 25. At Libbies in selling the French library, the first of the Grolier club vellum books brought $1,600, the top price for a single volume. It was cata logued as "A decree of star chamber con cerning printing, made July 11. 1637. Re printed lor the Grolier club from the first edition. 1U37. New York. 1884." Charles Scribner's Sons, the purchasers, also took several other vellum copies of the Grolier books at record prices, namely, the "Rubaivat of Omar Hhayyam,' for $1,100; Matthews' "Modern Book Binding." $900; Charles Reade's "Peg Woffington." $4S0: Devines' "Christoper Plantin." $350. and the "Phillobiblion of Richard De Burr." $C3. Seventy of the Grolier publications, including twenty-six catalogues of the club exhibitions, at $2 each, brought $7. 259. Outside of the Grolier club works more record prices were obtained. Gold smith's "Vicar of Wakefield." a rare first edition, sold for $310. to Little. Brown & Co.: Gautier's "Mademoiselle De Maupin' went to Dodd. Meade & Co., for $540. and Garrett's "Klizabethan Songs" on Japa nese vellum, for $230. First editions of Hawthorne and Holmes brought figures higher than those at the famous Arnold sale in New York. Holmes' "Autocrat." an autograph copy, went for S510 to J. O. Wright, of New York: Herrick's "Hespe rldes." first edition. $320, to Geo. H. Rich mond, of New Y'ork. ONCE T000FTEN. Attempt Is Made to Extort Money by Letter. Chicago, April 25. A special to the Tribune from Morris, 111., says: An attempt to obtain 600 by a threat ening letter was frustrated last night by Sheriff Johnson and his deputies. S. D. Holdermari of Erienna township, a wealthy farmer, was the intended vic tim. At the appointed hour and place the officers secreted themselves and placed a dummy package in lieu of the money. The writer of the letter secured the package, and in an attempt to es cape was seriously wounded. He gave his name as Warren Wayne and his home is in Indiana. He is about 60 years old. IN JAIL FORFHAUD. Americans Exacted Money From Ja maican Laborers Wrongfully. Kingston, Jamaica, April 25. Frank Fuller and Thomas Smith, Americans, have been sentenced to six months im prisonment for having made false con tracts here with Jamaican laborers to work in Cuba. Fuller and Smith exact ed passage money from each laborer with whom they made contracts. Blow at Christian Science. Atlanta, Ga., April 25. Juge J. H. Lumpkin of the superior court has dealt Christian Science a blow in Atlanta by refusing to charter an institution for the treatment of disease by the Christian Science method. In his decision the judge says no person has the right to treat disease unless he is either a reg ularly licensed medical practitioner or will pass a complete examination before the state medical examining board. The decision has excited much interest here. BIG YEABAHEAD. Western Contracts in Two Weeks Reach 200,000 Tons. Almost All of This Amount Is Steel. THE OUTPUT OF RAILS Expected to Exceed Any Year Since the Early Eighties. Trolley Line Building Growing to Enormous Proportions. Cleveland, April 24. The Iron Trade Review, discussing trade conditions this week, says: The buying pace has subsided some what in the past week and the lull can only be welcome to overcrowded miils. The large business done in the Chicago district with the implement manufac turers and other buyers of bars, is the chief exception to the rule of light buy ing; rails are another. It is estimated that the western bar contracts closed in the past two weeks will approximate two hundred thousand tons, almost all of it steel. The activity in rails in view of the advance to $28, effective May 1, which is expected to be made this week. The year promises to make a record for rail tonnage unequalled since the early '80s . Trolley line building is growing to remarkable proportions. Cleveland alone has contributed contracts and in quiries totalling 35.000 tons in che past week for electric lines and the Cleve land syndicates working in different parts of the country have fully 650 miles of such roads either under con struction or ready for the contractors. Track laying as a factor in the pres ent prosperity has scarcely been ap preciated. Some of the rail mills are unable to promise deliveries short of October and the indications are that the scarcity of billets due to the large amount of steel going into the rails will be a feature for some montns. The fact that the agricultural works in the Chicago district have come into the market thus early for their next sea son's supply is significant of the heavy demand for implements and for har vesting machinery that has developed in many cases, taking up all the stock carried over and all that had been planned for this year. The favorable character of the gov ernment crop reports is another factor, of which more and more is ire to be heard in railroad buying as the season advances. Railroad equipment pur chases are likely to make a new rec ord this year, car works capacity being taken for months ahead. There -is no sign yet of the speculative buying that produced the furore in 1899. In fact the parallel to 1899 of which there is occasional talk, has no exist ence. Buyers of pig iron are not work ing up any anxiety on a runaway mar ket and are very philosophically watch ing the situation and buying for their needs in the next three or four months. SHORT LINE WINS: Fight Between Clark and Harriman Won by the Latter. Salt Lake, Utah', April 25. The long local fight for the possession of the abandoned Oregon Short Line right of way through southern Nevada and southwestern Utah between Senator W. A. Clark of Montana and the Oregon Short Line, representing the Harriman interests, has been settled in favor of the Oregon Short Line. According to a telegram received from Washington by General Attorney Wil liams of the Oregon Short Line, the commissioner of the general land office has reversed the decision of the Carson City land office to the effect that the claims of the Oregon Short Line and Utah Northern and the Utah, Nevada & California roads were without merit, and recommends the approval of the maps filed by the Utah, Nevada & Cal ifornia road, organized two years ago in the interests of the Oregon Shoi t Line. It was over this right of way that the construction for the Oregon Short Line and Clark interests have so nearly come into conflict. Vice President and General Manager Bancroft of the Ore gon Short Line said tonight that the work of construction would continue t- be pushed. MEET IN THE DARK. Strange Doings of a Holiness Church in Minnesota St. Paul, Minn., April 25. The Holy Congregational church at Woodstock is bringing to light the peculiar customs of a religious society which has been in existence there for some years, but which until the present has never re ceived much public attention. The so ciety has for its motto "Holiness Unto the Lord," and was originated by O. M. Brown, a blacksmith, who formerly re sided in that town. Brown was an ingenious fellow, and, though without education, he possessed a strong influence over the people he gathered about him. Many persons of some prominence joined the ranks, among them L. C. Presler, a well-to-do farmer, and a member of the Congrega tional church, the board of investigation of which will soon take up charges against him. Presler became Brown's b?st pupil, and when financial difficulties entangled Brown and compelled him to leave town Presler became the leader of the sect, and in a short time could have given his former teacher pointers with out number !n religious peculiarities. The members of the sect are nearly all members of some church, although most of them affiliate with the Congregational church. They hold meetings of their own, at which no one is allowed to be present except those known to be firm to the belief. It is said that some of tiese meetings are held in the dark, and that those in attendance sit quietly until the spirit moves them to speak, sing or pray. Presler is charged with bestowing the "holy kiss" upon Mrs. C. O. Gibson, a member of the flock. Each has a fam ily, presler say3 that he received an inspiration from God to kiss Mrs. Gib son. He is also charged with refusing to give up about 50 letters written to him by Mrs. Gibson. All of the letters begin: "Dear Brother Presler, the Holy man of God," and wind up: "Tours in Jesus." Zephyr Gibson. SPREADING RAILS Causa a Serious Wreck on the C. H- & D. Railroad. Dayton. O., April 25. The south-bound Cincinnati, Hamilton & Davton limited was badly wrecked nine miles north of Dayton near Johnson's station. The ac cident was due to spreading rails which caused the engine to leave the track and plunge into a ditch. Behind it the bag gage car and smoker upended and fell Into the ditch. Engineer Dooiey of Lima was killed, as also was his fireman, Ray--mond McElroy, also of Lima. Frank Weaver, brakeman, of Cincinnati, had his left arm crushed and was otherwise se riously hurt: George Thompson, baggage master, of Cincinnati, suffered severe ab dominal injuries; Fred Colts, of Sidney. O., a passenger, was seriously cut about the head. Mm III JAPAN. Twenty Banks at Osaka Sus- pend Payment. Yokohama, April 25. Over 20 banks have suspended payment at Osaka and in the southern and central provinces. The Bank of Japan has assisted them but further trouble is apprehended. A financial panic prevails. New York, April 25. A. M. Townsend, local manager of the Hong Kong and Shanghai Banking company was asked for information today with reference to the failure of banks in Osaka. He re plied: , "We have no advice regarding these failures. They do not directly affect foreign trade as they are only small na tive banks. The financial position in Japan is strained and such failures are expected." CUDAHY ON THE STAND Boy Who Was Kidnaped Testi fies Against Callahan. Omaha, April 25. In the trial of Jas, Callahan, for the kidnaping of Edward Cudahy at the opening of court this morning, young Cudahy told about the light man's return to the prison house about 11 o'clock on the night of the de livery of the money. He summoned the dark man to come down stairs, where they remained about half an hour. At the end of that time the light man came up stairs and told the prisoner they were going to take him home. Edward told of the trip home, and of his being set down by his captors on Thirty-sixth street about a block north of the pest house. He said that while they were driving in, the dark . man whispered to the light man and asked: "Is this Sarpey Mills?" and the latter replied "Yes." The boy identified what appeared to be a section from the leg of an old paw of knit drawers and said this was the part of the blindfold that was left on him when he was turned loose and told to keep walking ahead till he came to Leavenworth street. i Edward testified that he went back to the house two or three days later and recognized it. He said he knew it by the outside steps and the broken places into which he had stepped when blind folded. He described the building and told its location. The boy was asked about James Cal lahan and told of seeing the accused the Sunday afternoon following Callahan's arrest. He said Callahan and the chief were talking and that Callahan was rolling and smoking cigarettes. Then came the boy's identification of Callahan and it was positive and abso lute. "You may state whether the dark man who put a pistol to your head and made you a prisoner, and who guarded you most of the lime in the house and who walked down the street with you and bade you goodbye when you were re leased was one and the same person?" asked Gen. Cowin. "It. was the same man." , , "Who was that man?" "Jim Callahan." "The defendant here in this case?" "Yes, sir." From this point on Callahan was re ferred to by name and no longer as the "dark man." Callahan betrayed no emotion when the kidnaped boy declared he was one of the abductors, but a cynical smiie played faintly over his features. The boy testified that Callahan's mus tache was stubbier than it is now, at the time of the kidnaping, and that it was stubbier when first arrested than it is now. At 9:4a o'clock Attorney Haller, for the defense began the cross-examination of young Cudahy. The boy admitted that he had gon? over the case with Gen. Cowin with ref erence to what his testimony would be. He again detailed the route traversed as nearly as he could tell. He admitted that the only direct view he hud of the dark man's face was when he first ap proached hini,.and admitted that at that time he was pretty badly scared. The boy said he could not have identified Callahan from simply seeing him. He said the police told him they had a man Ihere and. wanted to see if he could iden tify the prisoner as the dark man. He admitted that he identified Callahan principally by his voice, and said that he would not be able to identify him by his appearance alone. In answer to a direct question, the boy said he was as certain of the identity of Callahan as he was of the identity of his father, or mother. He thought It hardly possiKe for there to be another voice like Callahan's He said Callahan had a sort of a brogue, and gave a peculiar- turn to some words and sort of talked through his teeth. The boy admitted that he was not positive as to Callahan's identity at the close of the first interview in the chief's office, but after a sfoond sitting was positive in his identity. The state made a strong point against Callaha.. when John Rabbe, a younr carpenter living about a black from Cal lahan's sister, Mrs-Kelly at Fifty-fourth and Pcppleton avenue, was called to the witness stand. He testified, by knowing Pat Crowe and that Crowe ca lied at Mrs. Kelly's were Callahan was living about 20 times between October 23, when the Kellys moved there and thf time of the kidnaping. He said Crowe always came the same way and went in the back door w ithout stopping to knock. Witness said he was working- for Anthony Crowe, Pat's brother and Pat came- there twice and that Anthony told him that it was his brother Pat. The last time witness saw Pat Crowe at the Kelly house was December 14, four days before the kidnaping. ViORSEfLOODS. Higher Waters Appear to Be In Store For Ohio Valley. Stage of Fifty-eight Feet Passed at Cincinnati. RATE OF IlISE CHEW During the Night Owing to Floods in Tributaries. Situation Has Reached tfto Point of Great Distress. Cincinnati. April 25. The flood sit uation in this part of the Ohio valley is much, worse today. It was expected that it would reach its limit today her ? and up the valley anil that it would not exceed 58 feet at Cincinnati or eiaht feet above the danger line. It passed the stage of f8 feet here hist midnight and the conditions for almost 2ij mile.-? up the river are equally as bad. The rise here yesterday afternoon was at the average rate of one-hail! inch per hour, but during the nlfrht tin average rate of rising increased owitur to rising tributaries below the Kana wha, especially the Big Sandy, widen had previously been falling. While the limit of the present flood may be reach ed today, it is feared that the riv floods may keep the river about station ary, when there might be a second flood. The worst conditions are reported ac Huntington, Cattiesburg. lronton anil Portsmouth and the smaller places in that district have reached the point of great distress. Since midnight the Ohio river here h:is risen seven-tenths of a foot. The stayo at noon was 58.7. As the river is still rising as far us as Catlettsburg and the Kanawha at Charleston is again rising the inference is reasonable that the rirt here cannot be checked befoie tomor row, by which time it may reach a sta of 60 feet or over. The weather here is clear. Contrary to expectations the Ohio river is still rising slowly at lronton. MAHONING BREAKS ALL RECORDS Youngstown, O., April 25. The Mj honlng river this morning broke all rec ords for high water, being 12 inchvs above the greatest flood ever known in. the valley and is still rising an inch per hour. Through the city the river is a mile wide and has swept away every thing loose within reach. The pumps .it the waterworks have been working un der water since last night and if breaks in the machinery occur, the city will b. at the mercy of the elements. Dumi? the night the firemen were active wiia boats rescuing citizens from the sub merged dwellings. The Pennsylvania fieisrht deoot is entirely surruunded by water and traffic is blocked until the floods recede.' During the nlsht a wash out occurred on the Erie between her and Sharon and passenger trains are be ing run over the main line from Shen ango to Leavittsburg. HELD RESPONSIBLE. Judgment AgaiHst Railroad Co. in Two Important Cases. St. Louis, April 25. Because an em ploye remains in the employ of the com pany when he well knows that a ris.c is assumed by so doing, does not re lieve the employer of the responsibility if accidents occur. This is the gist off an opinion handed down by the 1'nite.i States court of appeals in the case of the Southern Pacific company, plaintii? in error, against Katie Yeargin. as ad ministratrix of the estate of T. J. Year gin, deceased. , The suit was originally filed in the federal court of Utah by Katie Yeargiu, who sought to recover damages for the death of her husband, who was an en gineer on the Southern Pacific until killed in 1SS9 In a collision with a "helper engine." , Judgment in the lower court was given for Mrs. Yeargin, and from this) the company appealed on a writ of er ror. One of the instructions which the defendant asked the judge to give 1 he jury was that Shriver. engineer of the helper, was a fellow servant, and if it was proven that his fault caused the in jury, the plaintiff could not recover. The lower court refused. Judge Ati os Thayer, who wrote th.i opinion of the appellate court, held that the lower court was correct in this uiid said that if the helper engine had ha I a headlight which could have been seen two miles and a half. Instead of on that could be seen only 2f0 yards. Year gin might have seen it in time to liav- stopped his train and avoided the acci dent. The trial court had refused to ir struct the jury that if Yeargin knew that it was the practice of the defend ant company to use only an ordinary lantern on the rear of this helper. engine when it was running backward, he, with this knowledge, assumed the risk incident to it. Judge Thayer said that if such was upheld it would enable em ployers to exercise reasonable tare m providing them with tools, machinery and appliances ordinarily safe an.! adapted to the uses to which they an; to be applied. The opinion stated that ns the record disclosed no error the decision of th lower court would be nfiirmed. Ju-l"" Sanborn dissenting, held that the rail road company was not guilty of negli gence, but that the accident was cause ! by the act of a fellow servant and that accordingly the case should have bee:i reversed. "When there is a comparatively saf and a more dangerous way known to a servant by means of which he may dis charge his duty, it is negligence for him to select the more dangermis m h d. and he thereby assumes the rik of. t n, Injury which its use entails." So h' )d the United States court of appeals In the opinion handed down in the case oi John Morris as plaintiff in error nesir.;t the Duluth. South Shore - Atlantic Railroad company, appealed f? on t h United States circuit court for the dis trict of Minnesota. Morris sued for damages for the lo of a leg while coupling cars, charei.ij the railroad company with negiitrem e. The decision of the lower court, fur t!s? defendant, was sustained. GASOLINE LAMP KXPLODF.S McPherson. Kan.. April 24. By th explosion of a gasoline lamp in the co operative store at Canton Tuesday morning, two prison rs were bn. in humed and a third. Bert Hubert, va n so badlv burned that he may die. Ti n ry Wedel tried tr fill one or the lami when it ignited and in attempting' to throw it out of doors it exploded.