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Daily globe. (St. Paul, Minn.) 1878-1884, January 01, 1880, Image 1

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VOL. 111.
Accident ta the Eastern Kxi>rr»» froiuChl
csiro on «••<■ Milwaukee A St. l'mil Road—
A Frichlful Pluuce Down ii Sixty Foot
Kmbankmeut— The ra*»enE«>r» Injured,
Hut No One Killed Outrli;hl-Con«llllon
of the Wounded- The Car Smnshed to
Then la no mteUigenm fraught with the
horrors of uncertainty so much as the first
vaguo news of a frightful railroad calamity.
[ntelUgenea is always accompanied by the in
evitable i-leineuts of doubt, and the slightest
gossamer threads of rumor are made to
serve as a vehicle for the transmission of in
formation that involves the most dread and
painful consequences.
Among the numt-rons disasters by rail
that have bt en chronicled since the opening
of tho winter season, the vicinity of St. Paul
has eiperit-nced a singular and fortunate im
ninuity. Resting in perfectly natural secu
rity, born of such a happy condition of
things in the past, it was not strange that
the news of a 'rightfully shocking ac-ident
at her very doors yesterday morning should
giro ri?o to the most sickening sensations of
A defective rail, having in its composition
a hole net much larger than the eye of a
cambric needle, had been penetrated by the
frost, and without a moment*d warning had
snapped like a pipe stew, precipitating the j
moat cruel and frightful calamity.
At l): 30 o'clock the news came that an ac
cident had happened to tho No. 1 morning
express on the river division of the Chicago.
Milwaukee &. St. Paul railroad at Meudota
Junction, about six miles from this city
and that the accident involved
morions if not fata! consequences.
The newa of the disaster spread rapidly, and
the uncertain character of the report and the
absence cf details, Ra~o rise to the most in
tenso and feverish excitement.
Highly colored and exaggerated accounts
were circulated by the stupidly malicious or
knowing one?, and it would be difficult to
imagine a mere painful condi
tion of things than prevailed pending defi
nite information of the accident.
It was known that tha Kiver express due
here nt *• o'clock yesterday morning hid
arrived two hours late, having been detained
that length of time at Red Wing owing to
an accident to a freight train. The train
left here at 8:20 o'clock yesterday morning
in charge of Conductor Charles Howard, and
was composed of the locomotive, an express
and baggage car, two passenger coaches and
a Bleeping car.
A score of wire 3 were eot clicking and on
wings of lightning the additional informa
tion came that owing to a broken rail the
Bleeping coach had been thrown from the
track and precipitated doxn an embank
ment. No fatalities were reported, and it
was stated that the remainder of the train
had not shared in the terrible calamity.
With customary enterprise a Globe rep
resentative was soon speeding fcr the scene
of tho disaster.
la ordtr to appreciate the appalling na
ture of the accident the reader must neees
oarily have some idea of tl. I geographical
position of the adjnncta which conspired to
causa the calamity. No more consamate ar
rangement of circunistnucss cm be im
agined for tho oocureaca of suet? an affair
than those presented at tUe soano of the ac
cident. Toe contour of the location looks
89 if it had been formed by nature for just
such an accident.
Directly after passing the Mendota junc
tion going westward from Mendota, the
track* of the Chicago, Milwaukee & St. Paul
Railroad company shoot et an abrupt angle
(to tho left of the Sioux City railroad tracks),
the bed road of the track gradually ascend
ing a bluff, while tho latter road mas parallel
on another bluff skirting the river and about j
twenty-two feet below the bed road of the
track under consideration.
About half way between the Mendota and
St. Paul junction, fronting the village of
ndota, and 100 feet from ihe river, the
Chicago, Milwaukee & St. Paul railroad
passes over the tracks of the Sioux City
road by means 6f a trestle work bridge,
which* is raided about 2.". f^t the above
latter road. The bridge is aboat 200 feet
lone, the sides being partially protected by
bulwarks of heavy timber, which present at
» distance the appearance of ordinary siding.
The express train left the junction a few
minutes before I* o % cl ~k. made np as before
described, the sleeping coach, of course, be- .
in^ in the rear of the train. A short time ;
before this, a freight train had passed the
scene of the subsequent accident in per
fect safety. Jsst as Ice train palled out
from the junction. Conductor Howard board
ed the rear i-cd of the sleeping coach em
biaa." pissing through the car for the pur
pose of seeing to the welfare of th* passen
ger*. As the occupants of the "Peoibina"" j
are the only ones who suffered by the terri- :
ble affair, and being inseperably associated !
with this painful narative. the p»r*.>ael of !
the passengers is herewith given. I
The occupants were eight in all. including j
Henry A. PUtt, the colored porter, the pas- j
sensers being :
Prof. H. C. Whitney, of Shaituck school.
Faribanlt. occupying section No. &
Dr. Darling A. Stewart, of Winoca. sec
tion Xo. 13.
Rev. J. H. Cowdry. Faribault, section
No; 4.
Mrs. C. H. Prior and son, wife a;sd son of
Sept. Prior, sections No. 9 and 10.
Mr. and Mrs. E. J. Blood, of the St.
James hotel, Red Wing.
The train had gotten well under «ay and
was running at about ten miles an hoar at
the time of reaching the bridge. The engine !
passed over the treacherous place and steamed |
on to the bridg* in safety, no shock being :
experienced by Mr. W. J. Davis, the en
gineer, except the subsequent irregular mo
tion caused by the other care, which estab
lishes the fact that the rail was broken by one
of the first two cars immediately beyond
the engine.
Conductor Howard had just passed
through the train and was about entering the
baggage-car when he was horrorfied by a
sadden and ominous jumping, simultan
oasly with which George Armstrong, the
baggageman, jumped for the air brake cord,
which be secured too late to prevent the ac
cident, but in time enengh. fortunately, to
stop the train before it hsd proceeded 100
feet, and thas prevent more horrible conse
The eternity of feeling that was crowded
into the infinitesimal portion of time among
the psnic struck and helpless inmates of the
sleeping coach may be imagined, bat not
easily described. At the time of the shock
the passengers were reading, chatting or in
specting the picturesque scenery which char
acterises the landscape in the vicinity of
Dr. Stewart was near the rear end of the
car pleasantly chatting with the porter, who
was brushing his clothing preparatory to
leaving the train. "I heard something
bumpiug over the ties," said the doctor to
one of his friends yesterday afternoon, '-and
that is all I remember of the accident."
In an instant of time the passengers real
ized that something awful had happened.
The oar danced and bumped over the ties
for a second, and before the victims appre
ciate the peril of their position th.> car had
•hot from the track, dragging its human
freight into the fearful abyss.
The plunge was fearfully precipitous and
awfnl to contemplate. In making the first
descent the car plunged downward about
twentr-five feet, furring over ia its descent,
and striking the tracks of the Sioux City
road in a lateral position, with the rear end
of the car forward. The rebound from the
track was equally terrific, and, with increased
momentum, the car bounded over the em
bankment of the Sioux City road, descend
intr a distance of over twenty feet, turning
completely over in the fall and striking top
As before stated, the train had been
stopped as soon as possible, which was al
most wholly owing to the wooden bulwark or
guards of the bridge, which successfully re
pulsed the forward cars of the train which
came in contact with the bulwarks two or
three times after leaving the track.
m BrscrE.
Upon realizing what had taken place Con
ductor Howard and the passengers on the
day coaches set about relieTing the victims
and ascertaining the extent of the casualty,
averting the possibility of fire by squelching
the flames wich commenced to make their
aypearanee in the vicinity of the heater.
The Rev. Mr. Cowdry managed to extri
cate himself from the wreck, following
which Mrs. Prior and son were rescued, to
gether with the remainder of the passen
gers, all of whom were injnred, as heretofore
described: Prof. Whitney and Dr. Stewart
being the only ones, who, in all probability
will sustain permanent injuries.
Shortly afrer the accident, a special relief
car wc3 sent to the scene of the disaster, con
veying thither a half dozen surgeons, Super
intendent Prior, two or three sisters of
mercy and several railroad officials.
The scene presented would have enlisted
all the humane and kindlier sympathies.
The wricked car reclined fifty feet below the
track, and from eighty to ninety feet from
the grade of the railroad.
The car was perfectly demoralized, being
a chaotic uLd indistinguishable mass of in
terwoven upholstery, bedding, baggage and
bric-a-brac, all of which were grotesquely
tortured out of all semblance to their original
Standing partially on the bridge, over 130
feet from the misshapen mass below, were the
engine, express cars and two day coaches,
about fifty feet from the rear of which could
have been seen the tangled and treacherous
rail, to tho untimely breakage of which is
attributed the accident.
A minute inspection of the rail by a
Globe reporter demonstrated that it had
broken in close proximity to the switch,
about 120 feet from the bridge, the breakage
having occurred about four feet from the
joint, and strange to say the bar seemed to
have been broken in two places, each cut be
ing as precise as if severed by a razor.
As ear ly as practicable the sufferers were
oonveyed to Minneapolis, where they were
pal order ihe charge of Dr. Kimball, the
company's physician. After a careful diag
nosis the injuries were found to be as fol
Dr. D. A. Stewart, Winona, painfully
bruised in several parts of the body; several
gashes on the head; severely sprained across
the hips, chest and shouldsrs.
Prof. H. C. Whitney, left foot terribly
mangled, severe bruises in the back and
abont the limbs, and an ugly gash in the
Rev.J. H. Cowdry, bruised about the body
and several painful gashes in the head.
E. J. Biojd, sprained back; injured inter
nally: several bruises on the head and lower
limb*. Mrs. E. J. Blood, arm very badly
lacerated and right ear torn; wrist dislocated.
Mrs. Prior, slight injures about the head
| and body.
The young son of Mrs. Prior received a
i number of scratches on the hand, and a
I slight contusion on tbe bead.
H. cry Platt, the porter, sustained a cut
on the back of the head, and several bruises
abont the body. It is feared that he too
sustained internal injuries.
Upon arriving at Minneapolis the train
was met by carriages. Dr. Stewart being
j quvtered at the Nicollei house, Prof. Whit
i ney being conveyed to the residence of
; a friead. Rev. Mr. Cowdry to relatives on
! Sixth street, and Mr. and Mrs. Blood to the
i residence of Mr. MoDre, corner of Hiw
■ thorne avence and Twelfth street.
Towards evening yesterday Dr. Kimball
amputated a portion of Mr. Whitney's foot,
severing three toes therefrom, and at a late i
. hear last night he was doing well.
Dr. Stewart is waited upon by Dr. Frank- j
lin Staples, of Winona. an old and trusted
friend. He waa resting camfortably last ;
midnight, and it is thought that he will j
rapidly recover.
Henry Platt. the colored porter, was bleed
ing slightly at the lun^s last night, and it is
feared that his injuries are more serious
than at first supposed. The remainder of
! the victinw are doing well.
The brother of Dr. Stewart and the father ;
i of Prof. Whitney have been sent for and
j will arrive this morning.
rsTESvrrw with pbiok.
Superintendent Prior told a Globe re
porter yesterday afternoon that new
steel rails had been laid at the place
where the accident took plate, last spring,
and that the ties are composed of white cak
wood. Altogether the escape from a general
catastrophe is almost miraculous, and the ac
cident is not attributed to any carelessness
on the part of the company.
Ira ia3 on this road were suspended be
tween St. Paul and Minneapolis until after
noon, when the track was cleared and
schedule time was resumed.
Low Ocean Freight*.
New Ygek, Dec. 31. — The rates of ocean
freight by steamers have dropped to a point
lower than ever before, namely 2d sterling
per bushel on grain to Liverpool. This is
in consequence of a break in the combina
tion of the steamship companies, who, until
now, have refused to accept a lower rate than
a minimum of 4d per bushel, agreed upon
some eight or nine years ago. The confer
ence rule, as it is called, continued in ferce
all through the variations in the freight
market, until the movement of grain for ex
port was so much reduced that Liverpool
steamers cad the alternative of leaving New
York with ballast or making concessions
equal to 75 per cent. Even on these there
is but a little preemptible movement in grain
exports, holders remaining firm.
Meeting of the Kentucky Legislature.
Locistxte, Dec. 31. — The Kentucky leg
1 islature met at Frankfort to-day. The house
■ elected J. 11. Begger of Paducah speaker.
Testimony of G«n. Nelson A. Miles as to the
Good Character and Valuable Serrlees of
Accused— Verdict of Acquittal bj the
Jury— Coui;r:iiulatlor.!t of the Judge—
Handsome Presentation— Miscellaneous
Crime mnd Casualty Record.
ISpecisl Telegram to the Globe.]
Faboo, D. T., Dec 31.— Upon the opening
of the court this forenoon John Brugier, tbe
defendant, was cross-ezamined at consider
able length by Judge Campbell, without vary
ing his former statements in any material
Capt. Harmon, of Fort Lincoln, next tes
tified to the excellent general reputation of
accused for peace and quietness; also'to Mo-
Gee's quarrelsome disposition when under
tbe influence of drink.
The defense next introduced a number of
witnesses as to character, whose testimony
waa ruled out on the ground that knowledge
thereof was denied subsequent to the date of
the homicide.
Gen. Miles then testified, aa follows, the
district attorney interposing no objection:
My command went to Fort Peck in Novem
ber, 1876, when Brugier came to me and
said ho had been indicted for the murder of
McGee, and told substantially the same story
he has given on the witness stand. Accused
said he was not guilty, and was anxious to
stand trial, if be could have a fair and im
partial ote. I advised him to enter the ser
vice and get money to pay counsel. Accused
did go in and rendered invaluable services.
He seemed anxious to be acquitted, but he
was afraid of trial beoauseof the prejudice
against him. He wrote to the commandant at
Fort Peck on this subject. Witness al9o
corresponded with the department of justice
and with the governor of the Territory, rep
resenting thet his services could not be
dispensed with. Last spring accused came
and said that he had mada up his mind to
surrender himself and stand his trial. His
services have been exceedingly valuable to
the government. During three years of
constant employment, his character has
been that of a quiet, law-abiding man. It
was by information gathered by this scout
that I was enabled to prevent the junction
of the forces of Sitting Bull and j^razy
Horse, in the winter campaign of 1876-77.
The unexpected admission of the general's
testimony created considerable laugh at the
expense of Captains Ewers and Baldwin and
Lieut. Wheeler of bis staff, who had just
been refused permission by the court to tes
tify to the siimo facts, some one remarking
that captains were too small fry to testify
when generals wore about, although they
were right good captains, too.
Judge Campbell then presented the case
for the prosecution, and after recess was fol
lowed by Messrs. Flandry and Comstock for
the defense in ab!e arguments. The Benior
counsel for the defense next addressed the
jury in a speech of one hour and a half. His
speech is pronounced the happiest effort of
his life by those who know him best, and was
listened to with breathless attention by the
largest audience that ever assembled in a
eocrt house in tho Territory. At the con
clusion of Erwin's address the court took a
recess to 8 o'clock to-night.
At the evening session District Attorney
Campbell made an earnest and impressive
speech, in the course of which he was inter
rupted by the court, who suggested that the
striking had no connection with the open
ing of the door. Argument was contin
ued by counsel, who insisted upon a verdict
of manslaughter.
Judge Barnes then charged the jury fully,
after which several exceptions were taken by
counsel. At 9:30 the jury retired, and after
remaining out until 1 o'clock, returned with
a verdict of
which was received with cheers, which were
promptly suppressed by the court. The
court then discharged defendant with the
remark, shaking him by the hand, "Go
home and serve your country as before."
Oa going out "the jury stood eleven to
one. On returning to the hotel an elegant
copy of Shakespeare was presented to
Brugier, on the fly-leaf of which were in
scribed the antograghs of W. W. Erwin. J.
A. Stoyell. F. C. Burgess, J. E. Haggart, A.
H. Barnes, Hugh J. Campbell, Nelson A.
Miles, U. S. A., with the inscription, "Hope,
and Fear Not. Fargo. January Ist, 1880."
Bostox, Dec 31. — The death of Mrs-
Helen J. Ward continues to be the subject
of universal comment. The daughter, who?
it is t hocght, shot her mother, will probably
remain in jail till January 7th, when the ex
amination will occur. The medical exam
iner made an autopsy on the body of Mrs.
Ward, to-day, which developed the fact that
two shots were fired, one of them fracturing
but cot entering the ekull at the forehead,
the other entering behind the ear and passing
into the brain, producing fatal resells. The
bullet in the brain was extracted, end a flat
tened bullet, which undoubtedly caused the
wound on the forehead, was fooxd in the
room. This discovery involves the case in a
deeper mystery, as the centleman who loaned
the revolver to the ladies for thf-ir protection
states that he left one chamber unloaded
for the hammer to rest in sa a precaution
against premature explosion, and the revol
ver, as fonsd, shews but two empty cham
bers. The friends cf the parties testify to
the affectionate relations existing between
the mother and daughter, and no motive for
the deed has yet been discovered.
CoLusrsrs, 0., Dec, 31.— Special dispatch
es to the Stale Jonr\al from points in Fair
field county gire accounts of dastardly at
tempts to desecrate cemetaries at Sugar
Grove. Tbe grave of Daniel Cedpatb, who
recently committed suicide by shooting, at
Topeka, Kan., was opened but the ghouls
were discovered and driven away before the
body could be taken up. At Lancaster tbe
body of Jonathan Bayer, recently was car
r •d'sway. People in tbe vicinity are very
much exci-ed over the midnight work.
TO H-'.SO.
Massiixox, 0., Dec 31.— Judge Meyer
this afternoon overruled the motions for a
new trial snd sentenced Gcstave Ohr and
Geo. Mann to be hanged May 7th. They
are boy 3 seventeen years old who were con
victed of the murder of John Watmough of
Philadelphia in August last near Alliance.
Bcsuxgtox. la., Dec. 31. — A double trag
edy cccrtrred in this city to-day. J. P..
Woodward, a son of ex-Mayor Woodward,
shot and instantly killed his brother-in-law,
E. M. Price. As soon as he fonnd that Price
was killed, he went to the other end of the
room, and placing the pistol to his own head
fired with fatal result The affair occurred
in a barber shop, in one corner of which
Woodward had a railroad ticket broker's of
fice. Quite a number of persons were pres
ent, but unable to interfere in time. The
tragedy grew out of domestic difflonltjee.
More ravorable Advices from Gen. Hatch.
WASHraoTOS, Dec 31.— Secretary Schnrz
has received twedispatches;fromGen.Hstch,
written at Cline's ranch on the 29th and
SOth. One informs the Seoretsry for the
first time that among the Indians who of
fered to surrender on the 25th inst, but
whose surrender was not received, were
Douglass, the hostiles' chief, and several
other principals in the Meeker massacre.
I'he last sentence of the other dispatch
seems to indicate that after Gen. Hatch re
fused to receive the surrender of these In
dians, they were permitted to go to the
lower Grande river to hunt for game, and
that they are not likely to be found again
for a month. Secretary Schurz entertains
considerable doubt as to thi3 being the real
meaning of the dispatch as sent, and has tel
egraphed for explicit information. Cline's
ranch is ten miles nearer than Los Finos to
the White River agency and twenty-five
miles nearer Lake City. It is inferred that
Gen. Hatch and party not c° n s ider
themselves in danger, and *hese dispatches
do not express any apprehension of that
Don Cameron's Call for the Culeago Con
Wabhtsgton, Dec 31.— Chairman Cam
eron, of the National Republican committee,
issued to-day the f ollowing call :
A national convention ot the Republican
party will meet at Chicago, Wednesday, the
2d day of June next, for the nomination of
a candidate to be supporwd for President
and Vice President at the next
election. Republicans and all who
will co-operate with them in
supporting the nominees of the party, are
invited to choose two delegates from eaoh
Congressional district, fouv at large from
each State, two from each territory, and two
from the District of Columbia, to represont
them in convention.
[Signed] J. D. Cambhion, Chairman.
B. Keooh, Seoretary.
Far From Flattering Reports from a
Friendly Source of the SUnation in Kan
Topeka, Ks., Dec. 31.— A staff correspond
ent of the Chicago Inter-Ocean, who
has been making an investigation of
the exodus into Kansas dazing four weeks'
travel through the State, -writes a letter from
here giving his conclusions. He estimated
the number of refugees in the State at
15,000. Of these he thinks probably one
fifth able to buy a little land, and are mak
ing good progress in farming. Most of the
balance have found, through the Freedman's
Relief association, places as , laborers, and
are giving good- satisfaction; j and .mE no
county did be find therri>ppltoa«ui or bur
dens on corporation chart: es. But the ; de
mand T < for £ '- theses- laborers- "Vaia / been
stretched to - its fullest - capacity,
aa the accumulation of refugees at the bar
racks are now nearly 700, for whom do
places can be found, clearly indicates, judg
ing from what he has learned from the refu
gees themselves and the increasing number,
now from 25 to 50 arriving every day. The
Inter-Ocean representative predicts that the
movement to Kansas will soon assume such
proportions again as to astonish the country,
and unless the tide can be turned or the
charity of the north more readily bestowed,
that the suffering which the relief commit
tee, although laboring faithfully with the
means at their command, has not been en
tirely able to relieve during the recent cold
weather, will soon become general.
TUe Graod Canon Railroad Litigation. Q
Denveb, CoL, Dec. 31.— The circuit court
to-day announced its decision, in open court,
in the contest between the Denver & Bio
Grande Railroad company and the n
& Topeka company, over the occupation
of the Grand Canon of the Arkan
sas. This case has absorbed much
public attention and created deep public
feeling here. The court decides that the
lease of contemporaneous papers executed
at Boston in October, 1878, have no relation
to and do not affect the controversy, and
therefore the mandates of the United States
supreme conrt, made last April, adjudging
the Denver & Kio Grande company to
have prior right to use and build its road in
the canon must be enforced. The court de
cides that the Atcbison company must de
liver to the Denver & Bio Grande company
the entire line, with the railroad on it, from
the mouth of the canon to the South
Arkansas river. 56 miles, on being paid the
actual cost of construction, commissioners to
i report such cost. Then, if the Atchison
j company wishes to build, it must
build on the other side of the river in narrow
places or by parallel line adjacent Formal
decrees are yet to be prepared as to the line
from South Arkansas to Leadville. Sixty
miles of the present graded line is awarded
to the Atchison company. The topography
of that country admits of the easy construe
turn of other lines. The Denver company
has filed its petition to pay or deposit money
to cover the cost at once and have immedi
ate possession given it, so that it may go on
and build its line to Leadville.
(.en. Grant la the Soalh.
Columbia, S. C. Dec 31.— Gen. Grant
was expected to spend a few hours here to-
I day, and the mayor, city council and others
j prepared to receive him, but previoue ar
i rangements compelled him to proceed to
; Augusta.
Augusta, Ga., Dec. 31.— Gen. Grant and
party arrived here this evening, and were re
ceived by crowds at the depot, notwiih
standing rumors that they would not reach
the city to-night. He was escorted to the
hotel by the mayor of the town with coun
cilmen. An informal reception continued
to a late hour. To-morrow a reception will
be tendered the party, and they will be
shown over the city. The reception here is
cordial and hearty.
At Charlotte a deputation of citizens wait
ed on Gen. Grant and tried to prevail on him
to stay over. At Columbia the mayor and
Chief Justice Wilber, of Carolina, tendered a
banquet, but the general couldn't wait.
At 11 o'clock to-morrow the party leaves
for Beanport, S. C, to attend the emanci
pation celebration, and from thence to Sa
vannah. Augusta is alive to-night, and to
morrow Gen. Grant's New Tear's reception
will be attended by thousands.
Twelve Questions Propounded the.Supreme
Court-Covering the Various Points Is
Issue as to Canvassing Returns— Militia
Officers In Conference With the Governor
—The Governor Recognized as the Su
preme Authority of Cheer From
Augusta, Dec 31.— following are the
questions propounded by the Governor to
the supreme court, and sent to the chief jus
tice to-night:
First— When the Governor and council
decides that there is no return from a city
on which representatives can be summoned
to attend and take their seats in the legisla-
ture, is it their duty to order a new election,
or is it competent for the House of Kepre
sentatives, if it shall appear that there was
an election of such representatives, to admit
them to seats, though no return thereof was
made and delivered into the office of the
secretary of state?
Second — Is it competent for the governor
and council to allow the substitution of other
evidence in place of the returned copies of
such lists as are provided for in article 4,
part of section 5 of the constitution, to en
able them to determine what persons appear
to be elected Representatives to the legisla
ture by a plurality of votes returned?
Third— ls a return signed by a majority of
the selectmen of a town, or aldermen of a
city voted, within the requirements of the
same section?
Fourth — Is a return by the aldermen of a
city which does not give the number of votes
oast for each person voted for as a member
of the legislature, and does not show what
persons were voted for as an oh membeis in
any one of the several wards of such city, a
valid return within the requirements of tbe
same section?
Fifth — Are returns from towns or cities,
which are not attested by the town or city
clerk, voted within the same section?
Sixth — Have the governor and council a
right to reject returns of election of mem
bers of the legislature, required by the same
section, from officers of towns which were
not made, signed or sealed up in open town
Seventh— ls the returns of two persons
purporting to be the selectmen of a town,
valid and sufficient evidence of the vote of
the town, when it appears that there were, at
the time of the meeting at which the elec
tion was had, but two selectmen of that
Eighth — Can a person who is not a citizen
of the United States at the time, be legally
elected or constitu jd a selectman of a
Ninth— lf a ballot has a distinguishing
mark, in the judgment of the governor and
council such as would make it illegal within
the statute, havo they authority to disregard
it in their ascertainment of what persons ap
pear to be elected, where it appears by the
official return of the officers of tbe town that
such vote was received by the selectmen sub
jeot to objection, and its legality referred to
the governor and council for decision?
Tenth— lf tbe names of persons appear
on the return without any number of votes
being stated or carried out against them
either m words or figures, is it the duty of
the governor and council to treat those poi
sons as having the same number of votes as
another person received for the same office
and whose name is placed first in the re
turn, if they find dots under the figures or
words set against such other person's name?
Eleventh — Have the governor and council
the legal right to decide what kind of cvi
donee they will receive and what the mode
of proceeding before them shall be to enable
them to determine tbe genuineness of re
turns required by the article and section of
the constitution above mentioned?
Twelfth — If the governor and council re
ceive returns from the same town differing
materially from each other in tbe number
of votes returned as cast for the same per
sons, but identical in all other respects, both
having been duly received at tbe secre
tary's office, and they have no evidence
to enable them to determine which is tbe
true and genuine return, are they required to
treat either of them as valid, and if so,
Tbe military officers summoned from
Bangor had an interview with the Governor
to-day, the interview having reference to the
inquiry concerning tbfi calling out of the
nrlitia companies, should they bs needed.
Tbe officers promised to obey tbe orders of
tbe Governor while be was Governor. Tbe
Governor spoke in strong language in op
position to calling out the military com
Sax Fbascisco. Dec 31.— A telegram
signed by a number of Democrats was sent
to-day to the Governor of Maine, indorsing
his action, on behalf of tbe Democracy of
San Francisco. The signatures include the
prominent men of the Democratic party.
to SECzrvx.
Washcoiox, Dec3L— The President and
Mrs. Hayes and the Vice President will hold
a reception at the executive mansion New
Year's day, according to tbe usual pro
IX moBXAx.
Senators Morgan, Eaton, Allison and
Blair, aa a committee on behalf of the Sen
ate, left hereto-night for Alabama to attend
the funeral of tbe late Senator Houston, ac
companied by a similar committee from tbe
House, consisting of Kepresentatives Hern
don, Shelley, Herbert, Colberson and
Ftuloa Rejected.
St. Lock, Mo., Dec. 31.— An attempt to
effect a f asion of BapabUcaos and Green
backers in the Seventh Congressional dis
trict, at Sedalia, to-day, fell through. The
Republicans nominated ez-Gov. McClnng,
and tbe Greenbackers W. C. Aldridge, as
r.pAiAmtva f o r the vacancy caused by the
death of Mr. Say.
Fend* for the Gnleago January Wheat Deal.
Chicago, Dee. 31.— Four million dollars of
gold was sent here from New York to-day by
James Eeene, and smaller sums by other
owners of wheat in this market, to conduct
their January deal.
Official Count In Louisiana.
New Oslzass, Dec 31 Tbe board of
canvassers have completed the official count.
The new constitution is adopted by 59,148.
Tbe debt ordinance is adopted by 10,487.
A free^turkey lnnch will be given at the Sen
ate billiard ball, 78 Bobert street, Hew Tear*
day. P. O'Bkoajt.
As It Casts It* Light on the Chicago Market.
[Special Telegram to the Globe.]
Chicago, Dec. 3L— Cables mixed. Steady
and higher for cargoes. Bed lower. Our
market opened off from 'its start and although
we bad a dragging market the deal is excited
and higher, with every indication that the
clique have added to their line.
The curb sold at 1.83%. and finally wound
up at 1.33% for February.
Corn stringer in companion to other days
when wheat has been gamey. On the |corb
May was 46%.
Provisions depressed early but the close is
whopping. No new feature, but the outlook
is healthier; February sold as high as 9 13.55,
elosingat %\Z.f>l%. Lard, 17.62%.
Death Yesterday— Sketch of His Life.
Athens, Ga., Dec 31.— Senator George
S. Houston died this morning.
Senator Houston's death was quiet and
peaceful. The disease from which he suf
fered, and which eventually caused his death,
was nervous prostration and fatty degenera
tion of the heart Immediately upon the
announcement of his death the schools were
dismissed for the day and the court house,
female college, postofEce and other public
buildings were draped in mourning in honor
of the fallen chief, and from the dome
of the courthouse the stars and stripes
were hung at half mast. A feeling
of sadness prevades the entire community.
In the darkest day of Alabama, he took the
helm and safely guided the ship of the State
through the breakers and over the whirl
pools of financinl distress into the smooth
waters of peace and prosperty.
On hearing the sad news as it flashed over
the wires Senator Morgan immediately tele
graphed that a committee of senators and
representatives would attend the funeral at
noon Friday. His characteristic norn de
plume was "Bold Eagle," and was a familiar
household word in Alabama. His services
both before and since the war in the national
government and State affairs make his
fame and name honored and loved.
We of North Alabama and of the county
of his adoption, are justified in feeling deep
reverence and respect, for we considered him
our special, strong and able political leader,
who always took the front rank and was
ever ready to do valiant battle for the State
and country.
His career as a public man has been
singularly marked with success. Beginning
life as a member of the bar, he was ap
pointed solicitor for the district, and step by
step was finally elected Senator. In every
position he has ever proved faithful to the
trusts confided to his care. The town and
county will unite to do honor to his memory
and various State officials and county offi
cers from adjoining counties will be present
to take part in the funeral.
John 0. Burob, secretary of the United
States Senate, received the following dis
patch to-night :
Washington, D. 0., Dec. 31.— Hon. J. 0.
Bnrch : A committee of five Senators leave
here at 7:40 p. at. to attend the funeral of
Hon. J. 8. Houston, and request yon to join
them at Nashville. A. J. Bright,
Secretary Burch received a dispatch from
Mayor Tanner to-night, saying the funeral
will be delayed until the arrival of the com
mittee. .
The Democratic Candidate Takes the
. r Oath of Office.
Headers of the Globe will remember that
at the time of the canvass of the votes oast
at the late State election, M:-. E. P. liarnum,
candidate on the Democratic State ticket,
presented a protest through counsel, against
the board counting the votes cast for C. A
Gilman, Kepnblican candidate for that of
fice, on the ground that all shed
votes were void for the
reason that Gilman was ineligible to the
office, he, Gilman, being at tbe time a mem
ber of the legislature, the constitution
making such membership a disqualification
for holding any other State office. The
board of canvassers, after consideration, dis
missed the protest, or rather, decided not to
consider, holding that their duties were sim
ply ministerial, and that they were not em
powered to inquire into the legality of votes
cast, but simply to count the same and de
clare tbe result as it should appear from
tbe returns before them.
The question at issue in this case is one
upon which there has been much difference
of opiuion ever since tbe adoption of tbe
constitution. and although it has been formal
ly brought before tbe canvassing board on
several previous occasions, it has always been
got rid of as in Mr. Barnum'a case, by tbe
board pleading ministerial powers alone.
To save trouble in tbe f utu.e, leading
Democrats of tbe State nave thought it best
to TP« fcA ft test case of Mr. Gilman's candi
dacy, and therefore Mr. Barnom has been
induced to make a contest, in compliance
with which be appeared before Judge
Weecott Wilkin. of tbe Bamaey county dis
trict, and took tbe oath of office, a copy of
which, duly certified by Judge Wilkin, ba<i
been fifed with the secretary of State, and
upon which be will daim tbe right to be in
ducted into and exercise the Joties of tbe of
j fice. This denied him, Mr. Barnnm will go
to the State supreme court for bis remedy,
and in doe time tbe decision of tbe court
will be «if""'"«l, as the real meaning and
force of tbe eonstnutional provision upon
the qaestion. Tbe following is Mr. Bar
nom's oath of office, as certified by Judge
State of Minnesota, County of Ramsey, as. —
I, Edward P. Barnum, of the county of Steams,
in said State of Minnesota, having been dol>
and lawfully elected to the office of lieutenant
governor of the said Bute of Minnesota, and
being now duly sworn, do on my oath depose
and say that I will support the constitution of
the United States, and of the State of Minne
sota, aud will faithfully discharge the duties
of the office of lieutenant governor of said
State of Minnesota to the best of my judg
ment and ability, so help me God.
Edwakd P. BABjrcx.
State of Minnesota, county of Ramsey—
Wesicott Wilkin, district judge, Second dis
trict Minnesota, do hereby certify that on this
30th day of December, A. D. 1879, personally
came before me the above named Edward P.
Barnnm, and by me being fir-t dnly sworn,
took and in my presence subscribed the fore
going oath. W. Wilki.x,
Judge of the District Court, Banuey County.
Municipal Court.
Before Judge Flint.
The City vs. Alfred Pleiss; assault and bat
tery. Continued to Jan. 2d, 9 a.m.
The City vs. John Trent; disorderly conduct.
Continued to Jan. 2d, at 9 A. X.
The City vs. Raymond H. Stone; petit lar
ceny. Committed for sixty days.
J. W. Bouth vs. Monroe Nichols; action for
personal services. Judgment for plaintiff for
•18.25 and costs.
Isaac Stewart vs. Edna E. Webb. Order filed
denying motion of assignee to set aside satis
faction of judgment.
The New York Bazar
will be open to its patrons until noon to-day.
A Grrrmujr, Prop.
Responses to the Cry tor Aid from Ireland
—Outrages by the Mahomedans of Cabal
—Blood letting- Duel With Swords Be
tween French Editors— Oeneral and Polit
mrrw nisTDS.
Lohdok, Dec. 31.— At a meeting, In Gal
way, of the committee of the Irish land
league a report was read from the relief com
missioner on the distress in the west of
Ireland, and it was resolved that the league
should undertake to receive and distribute
any assistance entrusted to them. Betohi
tiocs were also adopted recommending tbe
formation of branches of the league in dif
ferent counties.
The fund instituted by the duchess of
Marl borough for the relief of the distress in
Ireland amounts to £8,300.
Dr. E. McEvilly, coadjutor archbishop of
Team, in acknowledging the receipt of
£1,000 from the churches in Cardinal Man
ning's diocese, England, says no amount of
private charity can cope with the approach
ing famine in Ireland, and ft system of re
munerative public works can alone be ef
Michael Davitt advises that land leagues
be formed in every parish in Ireland, with •
branch on every large estate, and land clerks
in towns and cities of Ireland and in the
centers of the Irish population in England,
Scotland and America.
London, Jan. 1. — dispatch dated Cabal,
Dec 26, says the Mahomedans are abandon
ing Gabnl, fearing that some retribution will
be visited upon them, as they all sympathiz
ed with the enemy. The Hindoos who re
main in Cabul report that a reign of tenor
existed from the 15th of December until the
city was abandoned by the rebels. Every
shop and house was gutted except those be
longing to Mahomedans. Women were
stripped publicly and men were shot in the
streets. The total loss of the enemy in and
near Cabul is placed at 2,000. Snow is fast
MiT>«m, Deo. 81. — Gonzalea, the would-be
assassin of King Alfonso, who had been hid
ing about the door of the royal palace, fired
from the corner of a sentry box. Gonzales
did not make much resistance on being ar
rested, but the guards had to protect him
from the violence of the crowd.
London, Deo. 31.— Mr. Maskelyne, of the
mineral department of the British museum,
writes to the Time* that after a thorough
test of the so-called eristilized forms o.
carbon obtained by James MaoLaan, of the
Strollox chemical works, who supposed he
had discovered a process of making djsmqpds
he, Mr. Maskelyne, has no hesitation in de
claring that they are not diamonds at all,
bat consist of a compound of aiiecia.
-> THK TAT unroot.
. London, Dee. 31.— North British ;
Railway company decided that at the next .
meeting of the board immediate steps will
be taken to rebuild the Tay bridge. . ■ "
St. Petebsbdeo, Deo. — Adjutant Ba
ranoif, who became famous daring the
Basso-Turkish war as commander of the
Vesta, an old Russian merchant Teasel
turned into a gunboat, in which he whipped
a Turkish iron clad after five hours' fighting,
off Kustendje, will in July be court martial
ed and dismissed the service for making use
of insulting language in reference to the
ministry of marine.
Pabis, Dec. 31.— duel between M.
Meyer, editor of the Lanteme, and Hum
bert, of the Mot JTOrdre, which was stopped
on the 29th by reason of the breaking of
Humbert's sword, has since been fought oat.
Meyer was wounded in the thigh and Hum
bert in the chest
London, Dec. 31— A St. Petersburg dis
patch announces that an agreement between
England and Rossi* on the Central Asian
question has not yet been effected. It is
probable that the severity of the sentence
against Adjutant Bamboff will be "v^dHrMl
by the supreme power.
Fred Smyth, Tammany Democrat, ha* bees
appointed recorder by the Hew York bawd of
aldermen, in place of Haekett, rinrrsisd.
Mr. Fred Lanes baa been elected proudest of
the BosU-n A, Boom* tunnel and Western rail
road, in place of Gen. W. L. Butt, who bnilt
the road.
George, the Count Johannes, died Tuesday
in Hew York, aged 09 years. He will be boded
from the Little Church Around the Corner.
The grain men of Hew York city held an ex
cited meeting yesterday ia opposition to the
cental system, bat nothing definite was done.
Another meeting will be held Monday next.
The mayor of Limerick, Ireland, acknowl
edges the receipt of 9500 from the St. Patrick" •
society of Chicago, for the relief of Urn dis
tressed poor in Ireland.
John Batile, a natire of eoontv Donegal, Ire
land, died at Toronto, Can., yesterday, aged
112 year*.
At Los Angeles, CaL. yesterday, a woman
named Benold deliberately drowned her daugh
ter seven yean old. Supposed insane.
Omci aw Obszbtatio*, Buna. Coot. P. B. A.
I»otototii Block, Tots Oiubi.
. Bt. Pawl, Mm.
Observations taken at the same moment of
time at all stations.
Meteorological Record, Dee. 31, 1879, 9:36 r. ■.
Bar. Ther. Wind. Weather.
Breckenridge...29.B6 15 8. Fair.
Dnlntb 30.07 23 BW. Cloody.
Pembina 29.63 10 S. Fair.
St. Paul 30.13 14 E. Clear.
Bar. Ther. BeL bom. Wind. Weather.
30.162 15.5 60.3 BW. Clear.
Amount of melted snow, .01; maxim am
thermometer, 25; minimum thermometer. 9.
Sergeant Signal Corps, U. 8. A.
WASHisoToy, Jan. I—l a. m.— lndications
for the Tennessee and Ohio valleys and lake re
gion: Stationary or rising, followed by fall'
ing barometer, warmer southwest wind, clear,
followed by partly cloudy weft her. In upper
lakes, possible rain or snow. For upper Mia.
sissippi and lower Missouri valleys: Falling
barometer, warmer southerly winds, increasing
cloudiness, possibly followed by rain or snow.
Ottawa, Dee. 31.— weather continues
very cold, 20 below zero here and 38 below
at Eockliff e, on the upper Ottawa.

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