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THE OMAHA DAILY iHEE ; FBI DAY , MARCH 4 , 1808.
BOTH CASES STARTED WRONG Enpietno Court Passes on Home for the Friendless Litigation. DENIES APPLICATIONS FOR \NDAMUS Btnlf fliontd I'rnecpd I > r Snll In HJect- m out nnil Society Slionld lime Itecotime to 11 Cl\l ' Action. , s .March 3. ( Special. ) The su preme court this afternoon handed down de cisions denying the writ of mandamus brought to rompcl the .Society for the Homo for the Prlendlei's to deliver the home over to the st.ito and also denying the writ asked tor by the society to compel the Board of Public Lane's and iBulldlngR and the Board of Purchase and Supplies to pay over the money appropriated by the legislature for the Htippcrt of the homo. In both ca en tbe court dcclde-d that the wrong kind of an action had been brought. This for the pres ent l aves the society In pMsesslon of the home , but does not give them any ftato mciioy for Its support. The opinion denying the application of the attomey general for a writ to gain possession of the home Is writ ten by Commissioner Irvine and the syllabue IH an follows : In nn application for a writ of mandamus the court will not try the title or right of jio exHlon to real or ptr'on.il property ami uy allowing the > * rlt miike It subserve the purpose of .1 writ of ejpctm ° nt or rtiulcvln. In the opliildi Commissioner Irvine says that the courts too oftti ( allow a w lt of inrridainus to serve as a writ of ejectment or replevin , and calls It an abuse of the remedy. Ho continues : Yet that Is thp sslp object of till' proceed ing. The respondent. IIM olllccr or iigent of the "oclrty , H In pomestlon of proper'of which the society fl.ilmH HIP equitable title and the right of ipo'aefslon ; the only relief demanded Is that she UP required to sur render po4r < * slon of this property to the relater , the olllcer of the state , which Itsel clalini comp'ptc title and rlsht of poshes Blon , The IHSUO must be tried In an appro prlnte action. The opinion In the case of the Home for the Friendless to compel the payment of the fctato money Is also by Commissioner Irvine an.1 the syllabus la as follows. 1. For the dlpallowanco of a claim asilnst tbo Etato liy the auditor , the law furnisher mi adequate remedy bv appeal Mandamus will not IftHtio to compel the auditor to ls ue a warrant for n. claim whlrli he has dlwal- loweil , and thin whether the reasons given by him for Its dlsalloiA-ance are good or b.nl. 2. In a single proceeding s-everal writs of Tnaiidainu * . directed to different respondents' , lequlilng the. peiformance of different act" , C'liinot be granted. As to tbp Board of Purcli.Tv and Supplies nml the noird of Public Linds mid Uiilld- Ings , the application Is dismissed lAlthout prejudice ; ai to the auditor , the demurrer Is unstained and the writ dented. FUNDING BONDS ARE VALID. The court decided that no valid objection had been glvm to the registration of the $180,000 Douglas comty funding bonds , and granted the peremptory writ to compel the ntato auditor to register them. The sllabus of tt.o opinion L > as follows : 1. Special provisions In a statute , in regard to a particular subject control general pro- vllons. 2. Under section 131 , article I , chapter xvlll. Compiled Statute" , 1587 , a. majority of oil tbn votes cast at the election l.s nulllclent for the adoption of a proposition to issue county funding1 bonds , where bv their Issu ance the amount of the county Indebtedness Is not Incie.isctl nndi the rate of Interest Is reduced. 3. Wherp the title to a bill is to amend a designated poctlon of a law no amendment Is permissible which Is not germane to the particular original octlon ( proposed to be changed. State against Tlbbotts , 5. Neb. , 223 , followed. 4. The amendment to section 131 , article I , chapter xvlll , Compllul Statutes , m.ide by the legislature of 1881 ( at > e lawn 1SS3 , p. ini ) , la germane to the original section and fairly within tbo scope of'the title of the amend atory act. Judge Norval , In writing the opinion , after referring to the section 134 mentioned In the syllabiid , closes with the following : My associates are of the opinion that the nddltlon of a provision to said section des ignating the affirmative vote required to authorize the Issuance of such bonds , where the Indebtedness Is not Increased by the Issuance , and tbe rate of Interest Is thereby diminished. Is germane to the original subJect - Joct of legislation and therefore is not In hibited by section 11 , article xxxlll of tbe constitution. To this conclusion the writer , with > me > misgivings as to Its soundness , yields assent on the ground that n statute will not be declared Invalid unless It clearly contravenes the fundamental low. The application of the attorney of Frank E. Moorc.i to amend his petition regarding the collection of certain monejs for fines , baa been referred back to the referee by the mi I/re mo court. The court will not adjourn until tomorrow , when a decision on the ap plication of Hartley for a rehearing Is ex pected. MRS. MARROW WINS. An opinion la also handed down In the Gilbert against Marrow case. It Is written by Judge Sullivan , the following being the syllabus : 1. When nn order has been Irregularly obtained against a party It Is his duty to bring the matter to the attention of the court before proceeding1 to a trial of the can so. 2. M. obtained a verdict In her favor , tthlch 'was set aside without service upon lier of notice as was required by the rules of the court. She made no complaint during tbo term nor until there had been another trial nnd an adverse verdict and Judgment rtndcrcd ngnlnt her. Held that she hail walveil her right to complain of the Irregu- larlt } . 3. A party who seeks the vacation of n Judgment after the term at which It wa rendered must allege and prove that be liar u valid cause of action or defense ; and tc entitle him to relief the court must be the Judge that such cause of action or defense Is prlma facie Invalid. Tim order of Judge Scott vaeatlnjr the orders ( previously mule are reversed and tbe judgment for * 4,000 In favor of Kegina Mar row la reinstated. Frank Muxfiold against State. Error from Hamilton county. Reversed and reman led. Opinion by Norval , J , 1. An Instruction In a criminal prosecutlor Is not erroneous which defines a re.isonablt doubt as being such n doubt as nrlstM fron- n candid and Impartial consideration of ul the evidence In the case , and which won't cause a reasonable and prudent man It juuso and hesitate In tbo graver transie tloti ! ) of life , and that a juror Is satUllci lieyond a reasonable doubt If. from a coiv ldcrntloti of the entire evidence , ho has nr abiding- conviction of the truth of thi chaw. 2. .Mere non-direction by the trial Judgi nffords no ground for tbn reversal of : criminal causn unless a proper Instructlot lias been tendered and refused. 3. To Justify n. conviction of rape the trutl must reach such a degree of certainty ni to exclude n reasonable doubt. 4 A conviction of rape will not bo sus talncul iwbero the testimony of the jirosocu < rlx. < IH to the prlnclp il fact rolled upon t ( sustain the charge Is not only uncorrobor nted , but Is 89 contradictory as to be self destructive. STATK HOUSE GOSSIP. State Superintendent Jackson addressee ( be traction of the Hastings schools Tuesdi ] evening , principally out exposition matters Tomorrow he will go to McCook , where L < iwlll Eficnd an evening explaining the mar.noi of preparing the educational exhibits for thi exposition. On Saturday evening ho wl ! aJilrew the teachers' association at t.ia I > lace > . The Cuban Relief commission has re ceived a donation of $72.75 fiom tbo c'.M' zeiii of Meadow Grove , Madison county , am A gift of 300 poundu of Hour from II , G. Mil Je'r of Wlcfleld. The Danbury Creamery company filri artlclnr of Incorporation today , with a capl < al stock of $1,575. The stockholders an George U. Morgan , I. U. Dolph , W. II , Harrison risen , William Sandow and S , G , Bastion The CurtU Milling and Elevator company o Cm tin , Neb. , also Incorporated , with a cap ! tal titock of (25,000. The Incorporate an A. G , Hagadorn , N. II. Jobiu.ton. W. H. Bar ( on , Thomas Scott , M. Ramback cud S. K johttiton. The Delmont Coal and Coke company , wltl fecndquartcre at Omaha aud branch ofllce a Denver and other points , filed articles to day , with a capital titock of $250,000. Thi tockbolders ire Theodore Mayer , S. S Mayer and H. Metzlcr. Tbo Salem Evangelical church of Eas hM been mad a tub-library , aat * * * * . L twenty-five books per week will be furntahed by the city library , the cost of trarsporta- tlon not to exceed )1. The people of East Lincoln had already established a umall cir culating library at the church. The colored people of Lincoln are quite : lrred up over the Cuban question , and a meeting l > called for tomorrow night , when patriotic speeches will be made and appro priate resolutions panted Omaha people at tbe hotels ! At the Lin- dell E. D. Van Court , J , F. Robinson. W. M. Barlght , Jotn W. Parrlsh. Mies M. But- tcrfleld , Gcergc A. Day , Joe Kelly , T. F. Cruram , I. J , Hum , J. E. Douglas , W. II , Johneoa , At tbp Lincoln E , F. Jordan , Mr. and Mr * . Hartley. iir.Aimo un\ii.vu I Defendant ( Inrntlonn JnrlNillatlon of the Council , LINCOLN , March 3. ( Special Telegram. ) The city council commenced the Impeachment hearing nga'r.st ' Mayor Graham thU morning. The council chamber wao crowded with spec tators and much Interest Is manifested In the city. Bllllngsby and Greene , attorncja for Graham , appeared aril objected to the juris diction of the council to hear the caec and the discussion of this question lasted all the forcnccti. As his defense Mayor Graham relics almost entirely on the point of the nonjurlsdlctlon of the council to try the case. He holds that as mayor ho Is ox-olllclo member of the council and that nfi such lie cannot bring an action against himself , The argument on the matter of Jurisdiction occupied nearly all day. It Is believed that the entire de fense In the case will bo on technical grounds. Lite this afternoon the arguments on Ju risdiction were concluded and President Gclsler of the council ruled that the coun cil had no Jurisdiction. An appeal was nkon and the chair was overruled by a vote 8 to 4. Graham's attorney then entered n objection to Councilman Wlnnett and r'oodward sitting In the case because they ad expressed opInlonH regarding the guilt f the major and were disqualified Afll avlts were Introduced 'to show that the two touncllmen were prejudiced. President lelBlor ruled that they could not sit In the raring and an appeal being taken the vote .as to 4 against sustaining the chair. The resident ruled that the articles of Impeach- ncnt must be made more specific and the ouncll again overrode his decision. An ad- ournmcnt was then .taken to tomorrow at 0 o'clock. The proceedings of this afternoon live established the fact that the council vlll not be able to muster 'the required ten otes to Impeach the mayor. As It now tone's the vote will bo 9 to 5 and It Is said ho Graham vote will bo Increased to tiix n the final showdown. men i'p ' run ICMCIIT utsov CASH. ur > - Sccnroil anil Introduction of TcNtliiinny Commenced. BLUR , March 3. ( Special ) The trial of Icorgo Knight , charged with setting the fire iVhlch consummed < i Inrgo portion of the IncEs section of the town of Arlington ast jcar , Is now on In the district court. The Jury was ( secured In the afternoon and udgo Edward R. Duffle made the opening tatemonts to the jury for the defense , and \ttorney Frank Dolezal for'the btate. Mr. Unland , whose building was occupied y George Knight at the tlmo of the fire , vas called as the first witness by the tate. Attorney J. H. Van Duscn conducted the TCfs-examlnatlon of the witnesses , and un- lor the Indictment Mr. Knight Is only ibarged with burning the Upland building or the Insurance money. Attorney Dolezal attempted to draw out ho witnesses for the state In relation to he other buildings tlwt were burned , but .ho defense objected and a long discussion resulted. The court finally adjourned for a short recess , and the Judge and attorneys argued ho matter in "bomber. It resulted in an other victory for the defense , and hence outlmony will only be received concerning be lire In the I'nland building , one of the seven buildings burned. In this Judge Powell has decided directly opposite from Judso Baker In the former rial , and consequently the state's attorneys are nonplussed. It Is not jet clean how evidence may bo ntroduced to cover the Intent of Mr. Knight when no testimony Is allowed concerning the buildings burned. The value of the forty witnesses hero from Arlington will alro be Materially Impaired by this decision. Thieo witnesses for the state vvpre finished , \ben court adjourned. IIUIUil.AHS TAl' A I'OSTOKFICC. Two Trumps ArrvHteilwith Stolen Property on Their Pcnuonx. CALLAWAY , Nob. , March 3. ( Spwlal Tel egram. ) On Tuesday night nn attempt was made to blow open the pcetofllco rafe at this place. The burglars gained entrance to the building through a rear window. They suc ceeded In drilling a hole through the top of the safe , but did not get It open. A brace , broken drill , monkey wrench and chisel be longing to o local carpenter were found on the floor and nothing missing from the otllce except a few loose stamps and pennies. It [ ascertained that two tramplsh looklns Individuals were seen on Wednesday evening a few miles fiom town going toward Broken Bow. Pootmiister Douglass swore out a war rant and sent Deputy Sheriff Savage and City Marshal Stevens In pursuit , and the two men were arrcsteJ and brought back and are now In jail hero The stamps and pennies were found In th lr possession , but they stoutly deny tdelr guilt. r Tx TUB POMCE CASH. ni.xclmrBrod 'Men ' t'rsre ' ShortiiKP In Kiiiidx WIIN Hue to ( Merlnp. LINCOLN , March 3. ( Special Telegram. ) In the supreme court th's morning the Omaha police case , Involving the discharge of Shoup and other poHcemcn , was argued and sub mitted. The attorneys for Shoup argued that the shortage of funds , on account of which the men had been discharged , was caused by using a part of the funds In meeting a de- nclcncy of the year before , and that the men should not be made to suffer on this account. They alto urged that a statute that allowed the discharge of men because of lack ol funds , also allowed the men to Inquire Into the alleged shortage , and to show that It did not exist. (1 a m 111 I ii K Mnxt < itop. GRAND ISLAND , Neb. , March 3. ( Spe cial. ) At the meeting of the city council last evening the committee on police anil Board of Health Introduced a report to the effect that all gambling houses In the city nuiHt clot.0 up anJ that the ordinance regu lating the evil bo horeattcr strictly enforced at all times. " * The city council of Grand Island will thli year adopt the meter system In Its public water service , every customer , of whatevei extent , having to put In a meter for tht measurement of the amount used. It Is be lieved by the city council that this will sc distribute the use of water over the twenty- four hours of thu day and save enough of th ( waste that the present water supply will bt sutllclent and that the city will not have it : annual drouth In August and September. Slieltiui IteiiiH. SHELTON , Neb. , March 3. ( Speclal.- ) Last evening when on their way home fron' school two boys named Harrlman and Boyce living four miles north , got Into a quarrel Young Harrlman , who ls not > ct 16 jears old struck Boyce , his junior , with a heavy plec < of congealed sand and cement In the head am knocked him Insensible. Flar.li.ran Is now under arrest and an attempt will bo madi to court him to the reform school. The news published exclusively In The Bei In regard to changing the postoffico at tlili place from fourth-class to third-class hai been read with much Interest , as this ofllci was ono of many which went back durlm the > depression and Is now showing tbo ct- fccts of better times. KnlrliurAVouiun'H Cluli. FAIRBURY , Neb. . March 3. ( Speclal.- ) The literary department of the Falrbur ; Woman's club held a department meetini last Tuesday , M-irch 1 , Mrs. A. J. King , thi leader In the chair. As usual a very pleas ant afternoon was packed. The subject fo the day , Alaska. SIIKBF rnclory for Auliurn. AUBURN , Neb. , March 3. ( Special. ) Th Commercial club of Auburn held a well at tended meeting last night to dlscues the mat tcr of building a ben sugar factory. Attc the matter In all Its phases U was resolved to form a Block company with a capital ntock of $000,000 , and to build a factory. A committee of five , consisting of Colonel J. M. Burrcw , W. H , Kelllgnr. J. C. Klllarncy , J. W. Kerne mid A. M. Er.ge'8 were appointed to solicit subscripting for dock and sugar beet contracts. .Mlnnniirl Vlillcj Itcmx. MISSOURI VALLEY , Ia. ( March 3. ( Spe cial. ) Cul Oleson , who was killed In the yards by the nwltdh engine Monday night , was burled this afternoon under the direc tion of the order of the Danish Brotherhood , James P. Hanscn's 6-year-old boy swal lowed a little tin whistle Sunday. So far the doctors Jiave not been able to remove It and the child Is In a critical condition. The local lodge of Knights and Ladles of Security held an election last night. Ed Madscn was elected president and II. W. Wllbcr secretary. George W. Norton , late treasurer In the freight department here , moved his family to Slcux City today , where he has been promoted meted to chief clerk In the freight depart ment of the Sioux City & Pacific. Discovered. HAYES CENTER , Neb. , March 3. ( Spe cial. ) J. M. Gllchrlst , the expert accountant , died his final report. He found W. F. Hud son , county treasurer , $291.50 more short , making him short $513.70 , besides the amount that the state examiner found him short , which was $96 , making the total short age of Hudson $009.70. The amount that Mr. Gllchrlst found short In the county records was : Treasurer , $1,939.41 ; clerk , $481.92 ; to tal , $2,419.33. Mr. Gllchrlst's salary amounted to about $400. TeciniiNeli IteniH. TECUMSEH , Neb. , March 3. ( Special. ) District court In and for Johnson county Is In session In this city and Judge Stull Is presiding. No grand Jury was called , but the petit Jury Is In service. William Carr has let tbo contract for the erection of a two-sloty brick building on hlfl lot on the west side of the public square here. The frame building has been moyet' ' off the lot and tlie work already commenced IMiitte County MiirtKtiKF Heeoril. COLUMBUS , Neb. , March 3. ( Special. ) Following Is the record of Platte county's mortgage Indebtedness for the month of Feb ruary , 1S9S : Forty-eight farm mortgages filed , $59,017 ; twenty-seven released , $25- OS6 ; eight to.vn and city mortgage * filed $6,500 ; same released ten , $6,123 ; ninety-four cbattlo mortgages flled , $21,730.20 ; same re leased , 103 , $23,4S7 02. Sclirnder the llcnler. SILVER CREEK , Neb. , March 3. ( Specla Telegram. ) Schrader , the alleged divine healer , was In town today and spoke at the hall tonight. Ho said some thought he was Christ , but he was frank enough to admit that he was not. He goes to Omaha tomor row morn'ng. InjiirlcN I'rot iKutnl. . HARVARD , Neb. , March 3. ( ( Special. ) The Injuries received by Conrad Sinner In being run over by No. SO , a fast freight en the Burlington & Missouri railroad , at about 7.43 last evening , resulted In bis death some three hours later. llrciiKx llln Collar Hone. HASTINGS , Neb. , March 3 , ( Special Tele gram. ) Dr. A. R. VanSlckle , elty physician. fell from his bicycle today and struck on his shoulder , breaking the collar bone. oin \\SIIIOMI > .lot'iiy.vi.iMi- ( Tared Nothing for HlK News nnd Dimmed the Reporter. Reporters are at times too olllcloua for their breeches , as this New York Press story will prove : When Thomas Klnsclla , was edi tor of the Brooklyn Eagle , a .bright joung man In the city department was sent over to New York to attend an Important meetIng - Ing that would have netted him about a stickful of space. Down In Pearl street happening to stroll he came across one of the great shipping merchants , whose connections with South American republics enabled him to get much valuable news , and , being acquainted with the gentleman , asked If there was anything now. "Why , yes , " said the merchant. "There's big news. The president of Bolivia has been assassinated , and war "with Chill has broken out. The whole country Is fighting. Hasn't been such a ruction In South America In years. " Ths ! was a good story , and looked as If It might be a "beat. " Our reporter dropped everything else and went to work on It. Hoping to surprise the office with a splen did account of the revolution the young man deferred mentioning It to tbe city editor until ho bad written about two columns , when ho marched proudly to the desk to turn It In. Mr. Klnsclla happened to bo near by. "Have you turned In a report of that meetIng - Ing ? " asked the city editor. "No , sir , " was the reply ; "I got hold of a big pleco of news and have been busy working on It all day. The meeting will , be covered by 'city press , ' and It Isn't worth a paragraph. " Klnsclla chipped In : "What did you say you bed been doing ? " "Writing an account of a revolution In Bolivia ; president assassinated ; war with Chill ; whole country fighting. " "Who ordered you to do It , lr ? ' "Its a 'beat' I happened to get on. " The old editor raved. "Let mo give you to understand once for all , sir , that the people of Brooklyn care nothing for rev olutions and murders and wars In South America when they can read In the Eagle an account of Mr. McLaughlln or Mr. Bccchcr or Mr. Stranahan or any other prom inent citizen slipping on a banana peel and spraining his .foot ! Understand that , sir ! Don't forget It' That meeting was a small affair , but two of the directors are Brooklyn men , and Brooklyn readers want to know ivhat they did. Damn your revolution ! " In his heat ho tore up the story of South America and discharged the reporter. i > i\u ainr.u Important Mnifcrliil HcKoiirccn Within the UeNcrvntlnii. Recent Investigation by ono of the gov ernment's experts , reports the Philadelphia Press , have revealed unexpected and Impor tant material resources within and about the Pine Rldgp Indian reservation , In the south western part of South Dakota resources all of which , doubtless , will In time bo turned to good account. TUe discoveries were made by ono of thu geologists of the United States Geological survey , who was engaged the las ! field season in studIng the geology of South lX\lota and western Nebraska , the main OIK In view being to ascertain the underground water resources of the region. The geologist found upon the Pine Ridge reservation ex tensive deposits of hematite Iron ore , whlcl may In time bo profitably worked. He also found en the reservation , about three miles from the agency , and extending southwari acros.1 the state border Into Nebraska , an extensive deposit of volcanic ash. There Is a bed of this material fifteen feet In thick- ncm and covering a great many nquero miles The sand Is oP a fine quality and very sharp grained. It makes an excellent polishing powder and Is also used for scouring reaps Of more Immediate Importance and Inter est to the Indians of the reservation , how ever , la the discovery In the Immediate vl clnlty of the agency of geologic conditions which Indicate that an excellent artc.itct water supply la available. The formation- are so arched as to bring the great arteslai water bearing beds of the region quite neat Hid surface. The greater part of the field covered bj the.e Investigations will bo treated In a special report on the water resources noi Irrigation prospects of a portion of Nebraskc west of the 103d meridian , now In course o preraratlon by the survey. Hereford * HrliiK1 Hooil 1'rlcex. I7MPORIA. Kan. . March 3. The auctlor sale of puru bred Hereford cattle at Sunny Slope farm was concluded today , after IK animals had been disposed of at an average of $432 per head. Tne top price was reallzet far tbe prize bull , Salisbury , sold to Murruj Ileecock of Keswlck. Va. . for $3.000 Tin bull Keepon was bid In by C. S. Cross foi J2.MO. Other notable sales were : Lomlnste Daisy , Imported cow. for J1.I0.1. to O. H Adams , Creston , Colo. ; True Briton , 1m ported bull. $975. to John M. Foster , Topeka Archibald VI. bull bred In Hmjiorla. $910 to L. 8. Young , Oakland. Neb. ; Westot Stamp , Imported bull , $ A2 < . to Cornish J Patton , Osborne , Mo. Among the heavies purchasers were O. H. Adams of Creston Colo. , und K. B. Armour cf Kansas City. CnrllMttt Will Tnko I'nrt In Election * MADRID , March 3. The Carllsts have la sued a manifesto announcing their Inten tlon to take pan In the coming election ! VICTORY FOR CUBAN ARMS CTU Insurgents Meet with Entxesa in Their Struggle for Ltliuj , SEVERAL REVISES FORftJJHE SPANISH tl Ilcport * Conn- from Cnbnn Source * Spnnlnlt Attack Kucort for Snp- ptloH Landed by } ii but Arc Driven Off. NEW YORK , March -A"niiipatch to the Herald from Havana says : "A report has been received of the landing of a very large expedition almost In Matanzas harbor. It Is believed to bo that taken on the Dauntless by "Dynamite Johnny" O'Drlcn. The sup plies were taken charge of by rebel cavalry numbering 400. They were attacked by SOO of General Mollno's soldiers. It Is reported that the rebels gave buttle and successfully escaped with the supplies , absolutely with out loss. Heports of Insurgent activity con tinue to conic Into Havana and greatly ex asperate the public , although every attempt Is made to suppress the facts. Rebels are especially active In the provinces of San tiago do Cuba , Puerto Principe and Santa Clara. Jlmlncz Castellanos In recent bat tles In Vucltas , Cuarto , Camlnos , Najosa , Managua and Pcralcjo could no more than hold his own and eventually was compelled to retreat to Puerto Prlnclpo and Santa Clara , losing several officers and nlnetj- seven privates and having two lieutenants and 220 privates wounded. Spanish columns under General Veda Hey and Colonel Lopez Ontaga , on February 23 , were surprised anil vigorously , attacked by Cubans of Garcla's command. The SpanU'h were thrown Into confusion and , after an attempt to reform their lines , nod precipitately , leaving Captain Gomez Avelanada and eevcnteen privates dead on the field. The rebels captured thirty-nine wounded Spaniards. Near Holguln on tbo same day , General Torres , with 400 men , defeated the com bined forces of General Hallesteros and the marine Infantry under Captain Fernandez Colombo , killing twenty-nine and wounding Captain Colombo , Major Illvera and thirty- eight privates. Captain Slgsbeo lias received a letter written - ton by General Jaclnto Hernandez , expres sing sympathy for the loss of his ship nnc crew. General Hernandez feared to address Captain Slgsbco personally , as It might be misunderstood , so ho addressed his letter to an American who Is In the field with Gomez The letter was then forwarded to this city. A messenger left Gomez's camp early las week and Is now proceeding to Washington carrying full data and details of Insurgcn field organization. In case hostilities breal out General Gomez expects to co-operate with tbe American fleet , and for this reason eslrcs that American officers shall have ful nowledge of the rebel forces and equipment t Is understood here that Gomez will offe o relinquish his command to any Amerlcai cneml who may bo Bunt from Washington. A letter received irorn Washington to a : erald correspondent In the field near Ban ntonlo do las Vegas , dated February 27 rlnps news of a al\-hour fight near the town f Tapaste , In the hills. No details havi cen received , but it Is known that the In urgents held their pest , forcing the troops o retire. The correspondent writes : "W II have been wondering how the politico tuatlon at Havana appearsIt no\v being nore than a week since vvo had any news IxMilanls in neighboring towns have been rlnktng many toasts to 'satan's new Isltors. ' " O.MJOV COU'.NTV coif\cir. ni oil it IlnriiH IlP-Kli-cteil mill n Xmnlter of nxlrtmcSoclalN | Ilcluriied. LONDON , March 3. The London county ouncll elections are proceeding quietly to- ay. The voting Is brlAkand all kinds of qulpages have been requisitioned , from the each to the dinkey cart. A turn of the tide gainst John Burns , the labor leader. Is re- orted to have occurred la the Batter-tea dls- rlct , and even the liberals say his re-elec- ton Is doubtful. The outgoing council con- tsted of sixty democrats and fifty-eight pro gressives , otherwise conservatives and lib- rals. The elections have passed off with no no- able Incident. The attempt of the earl of ) enblgh to oust John Burns In Battersea ailed. Earl Russell , progressive candidate , vns defeated at Hammersmith. Among those o-electtd were the earl of Harwlcke , Baron ruiibwcll , Sir Horace Farquhar , Right Hon. I. J. Shaw-Lefevre and Sir Blundell Maple , 'ho ' latest returns , show that the progressives "iave elected sixty-eeven of their candidates .nil the moderates forty. A recount will be irccssary In Chelsea and tbo results In the Ity ( proper ) , Fulham and Wadsworth will lot be declaied until tomorrow. Thus far ho progressives show a net geln of thirteen cats. The moderates have gained only two cats In Central Flnsbury and this ivas iwlng to a split In the progressive ranks. The polling showed no marked Increase iver previous elections , but the return of a number of extreme socialists Ls a feature of he result. It Is expected that the progres sives will have a majority of at least twenty- cur In the now county council. Despite the disagreeable sleet and rain great crowds awaited the results In Fleet street , at Bat- ersea and other centers of exciting contests. There was a great gathering of liberal poll- Ictans at the National Liberal club , where ho progressive vlctorica were hailed with de- tghted cheering. ADM I It A I , iMARKIIAU IS SUIt I'll ISKI1. HIM Ol > mrvntlnntt oil tlif Experience of tin- Ship llliiiin. LONDON , March 3. In the course of an ntervlew today Rear Admiral Albert Mark- .am , the well known explorer of the Hudson strait and bay , expressnd his surprise at th ) account received from Ottawa of the ex periences of the exploring steamer Diana while along the Labrador coast and In Hud son strait and bay. This account , ho slid , was at variance with all the previous ex periences. In his opinion the Hudson bay route Is open certainly four months and pos sibly six months a year. Ho declares that t would bo an Immense boon to commerce , cheapen thu transport of cattle and wheat to Great Britain , be Invaluablft. from an im perial standpoint In Having tlmo In the transport of men and stores to the naval aaso at Vancouver and afford a duplicate [ British route should the Canadian Pacific railway be seized by America in time of war. According to the report which Is the sub ject of Rear Admtial Markham's observa tions the Dlanx was only able to reach the mouth of Hudson bay Ih the season as late is June 23. The region passed was badly blocked with Ice. The steamer's dally Jour nal from that date furnishes a terrible record of hardships and difficulties In making the pjssage. The Diana Muck fast In the Ice : for days together and was frequently Jam med and crushed In the'ter'rlble ' Ice floes. Its rudder was lost , the screwemashcd and the vessel was frequently thrown entirely out of water. At times the situation was eo crit ical that the life boats were made ready tc quit the ship. Captain Wnkeham , its com mander , nays that no'heavy vessel could have withstood the M , Hvhlch was often from twenty to thirty feet thick. The whole tlrno until July 16 was'occupied In pressing through the 6tro.lt Into' ' trio bay. bay.TO TO i.t nini < One fit tlie "WltneiiHrN in the /.oil TrliiI lU-Nlri-N a I-'lulit. PARIS. March 3. Colonel Henri , cne ol the wltnccses called In the recent Zola trla to contradict m'oor points of testlmonj given by Colonel Plcquart , has challenge ! the latter to a duel. Colonel Henri , In tin course of his examination , lost his tempo and cried. "Plcquart Is a liar. " Plcquart leaping to his feet , cried to the Jury : "I wll tell you why ho brings these charged agalns me without proofs and denounces mo as ; liar. It to because ho Is "cue of the men vvhi manufactured tbo Esterhazy affair as It wa presented to the court-martial , and ho I ono o.f those who engineered with Majo Paty du Clam the previous affair and wh forbade fresh Inquiry Into the Dreyfus case when In the course of my duty by reason o new discoveries as tv Estcrhaty I revealed tht > mistake" that had been made. He mid they have attacked my honor as a man and an officer because I persisted In pursuing the ' Inquiry. " I Colonel Henri succeeded Colonel Plcquart recently as chief of the secret Kci"vlce divis ion of the rVench war department , Tun IOM mAm.oeic. : (5 < crn ir of \ MV Fotitidlnnil the Ilelil llnllwny i'ontruol. ST. JOHNS , N. P. , March 3. The- gov ernor , Sir Herbert Murray , acting under In structions from the colonial office , signed the Held railway contract today , thus breakIng - Ing the deadlock. The measure has passed all btagcs and wa ? sent this nfternoon to the upper house9 , where It will be road n second tlmo tomorrow. The government claims that the contract will effect a saving of $60,000 a year In addition to promoting the development of the Interior , with u contc- qurot Increase of revenue. The contract which the Newfoundland government has entered Into with Mr. Reid is ono to build a ral'road ' across the Island and to work the entire rallv-av svstem of 050 miles for fifty jears , receiving a nib- sidy of 2,600 acres of land per mil" . Mr. Reid pays $1,000,000 no.v , which becomes $7,000,000 at the end of the period , \\lien the colony takes the money the contractor representatives will take She railroad. If he s'iGUld make default In carrying out the contiact during the period both the money and the railroad are forfeited to the eolon > . Mr. Reid purchases St. Joh is dock for $ , ! f,0- 000 and the government telegraph lines for $125,000. He also uivlerta ! < ° s to build sovcn mull t'teamcrs toiply In Iho gri-.it lays , re- celvlng a subsidy of $100 , > MO for thirty year * . Mr. Reid secures c"rtaln coal areas which he agrees to work , as also pulp and lumber mills and copper and other mlnei.ils , being protected by a dollar duty , to be Im pose ! on Imported coal. Furthermore * , lie contracts to build nn electric railway In St. Johns and to pave the main s'rrots for $140,000. uoinrAMVX < iuiiv OITS A DIIM.OM \ . Doctor of lf rr * mill llnnoriir ; Mem ber of n I'nK < TNJ | . ( Corrcs.iomlonce of the Associated Prrftt. ) PARIS , Feb. 22. Carmen Sllva , as Queen Elizabeth of Roumanla Is known to the liter ary world , has Just received her diploma con stituting her a doctor of letters and honorary member of the university of Buda Pest. The diploma Is a veritable work of art and Is enclosed In an artistic care of great Intrin sic value. Accompanying It Is a letter from the council of the university , written In four languages Hungarian , Wallachkin , Latin and French. L'Uclalr says : "Oscar Wilde's presence Is announced within our walla. The too cele brated English author has been seen In HCV- oral public establishments. His troubles do not appear to have damaged his health. He has even put on a little too much flesh , Otherwise his appearance Is always ono of luprcmo clcK'itice , an elegance Increased by aesttictl-o originality. " An Island , It Is announced here , lias sud denly appeared on the northwest coast of Borneo , apposite the town of Ixibuan. It ? apparition appeurs to be due to the earth quake which occurred In September near Kudat , In 'British ' Uorneo. The Island Is composed of clay and rock. It mcaaii'-ct' 200 yards In length by fifty In width and It liua gene on Increasing since Its first appear ance. UM'OIICIMi Tllll LAW. IlltiO" Coat * Ilrln r Order Out of Clillon nt Skiifiwny. VICTORIA , B. C. , March 3 Passengers on the steamer Islander , which has reached here from Skagway , confirm the report that the Canadian flag has been raised at Summit lake and that the Canadians would estab lish a customs house at Crater lake. Martial law has been proclaimed at Skag way and the United States troops who weut upon the Queen are enforcing the law. The attempt to float the steamer Corona has so far bccu a failure. Captain Goodall , who has 'been conducting the wrecking operations , has gene with the divers to make an examination of the Cottage City. The death rate at Skagway averaged fifteen dally , ono of the latest victims being the postmaster. It Is stated by passengers on the Islander that the Talya trail Is strewn with dead mules. TWO MIXICHS KRO7I3TO DttATH. One Hundred nnil Sixty Thonminil Dollar * Found on Them. VICTORIA , B. C. , March 3. It Is said by the steamer Islander , from Alaska , two days ago , that two Canadian mounted police marched Into Skagway with two sleds In tow , over w hlch were strapped two dead men. The attention of the mounted polko at Tagulsh was attracted by the dismal howls of a dog. A few moments' search on tbo trail and they found the bodies of two men who had been frozen on the trail. It Is eald they were returning Klondike and they arc reported to have had In their poasesolon $160- 000 In paper and gold dust , one $90,000 and the other $70,000. Their names ere noi known. I'opp Ilerelven the Diplomatic Corim. ROME , IMorch 3. The pope today received In separate audience each member of the diplomatic corps accredited to the holy see , who called to congratulate his holiness upon the twenty-first year of his pontificate , which opened today. Afterwards there was a com memoiatlvo mass In the SIstlne chapel. The pope , wearing the triple crown , arrived In the Sedla Gestatorla. surrounded by the usual guards and other officials. The galleries - lories were occupied by the members of the sacrr-d college , the diplomats , the Knights of Malta and the Roman patrlcans. Cardinal Vatimitrclll celebrated mass and at Us con clusion the pope Intoned the to deum and pronounced the apostolic benediction. There was an Immense congregation present and his holiness was warmly acclaimed. I'rlnce lleiirl'M Opinion. ( Cop > rliiht , 1698 , by I'res < i injljllshlng Company. ) PARIS , March 3. ( New York World Cable gram Special Telegram. ) Prince Hcnr D'Orlcans was seen today on the question of the possibility of European Intervention In case of a war between the United States and Spain. Ho > ald : "I am a traveler ; not a politician , but I think that every nation In Europe la too much occupied with Its own affairs to support Spain In a war with the United States. It might bo different If the theatre of war were In Europe , not , as prob ably. In Cuba. The French nation has al ways had a great sympathy for Spain on account of the courage and chivalry of the people of that country. " NenH from XlcnriiKiin. MANAGUA , Nlaragua ( via Galveston ) March 3 The NIcaraguan congress has declared clared null and \old the contract of 1893 between the president of Nicaragua and the Bank of Nicaragua , by the terms of whlcl he la authorized to transact a mercantile buslnccu In Its name. Rafael Recs , tbo successor of Scnor Cas tellcnos , who last July resigned his mem bershlp In the Diet of the greater republli of Central America , arrived hero today. Thi vigorous effort of Senor Leala , Spanish con nul general at Managua , to Induce the Dlei of the greater republic to expel from Nlcar agua Senor Pedro Salcedo , the Cuban , bai failed. Ilxponltlon CiiiiiinlKnloiuTK In London LONDON , March 3. Thomas W. Crldder , the special commissioner of the United State at the Paris exposition of 1900 and Colonc Louis M. Hamburger , the assistant ppccla commissioner , have Just arrived here froi Now York , spent the day In London and wll proceed to Paris tonight In company wit Consul General Osborne. I'liMMiiKe of .Natill Mill ANHiirrd , BERLIN , March 3. The budget committee of the Reichstag today adopted ecveral addi tional paragraphs of the naval bill. Its ulti mate pakfago Is regarded as assured. Kniprnir William OOCN to Men. WILHEIVMSHAVEN , March 3. Emperor William embarked today on the first-class battleship Frledrlch Wllnelm and went to sea. Inrire Quantity of Cotton Ilnrned. LONDON March 3. A cablegram received today from Kobe , Japan , etatee that a flr * KELLEY , 8T1GER & CO. . .SPECIAL AOEMS. . Butterick Patterns * name Butterick in connection Che with fashions is synonymous with style , Jit and perfection. AVe therefore take pleasure in announcing the purchase and receipt by us of a complete assortment of every design intho Butterick Catalogue and can sup ply a pattern to lit any age child girl boy or miss and any si/.e woman from 30 to f > 4 inches bust measure. & & & & & & & & Note Reduced Prices on New Patterns Ask for the latest Butterick Fashion Sheet given away free by us. * , * ? * J * * . < The Delineator and Omaha Glass of Fashion can be secured at this department. & & < & Our Advance Orders IN TAILOR-MADE SUITS IN SEPARATE SKIRTS IN SPRING JACKETS Have arrived and are now ready for your inspection. KELLEY , STIGER & CO. Corner Farnam and Fifteenth. lm.s occurred In the sheds on the docks there , that the goods stored therein from \ vessel from Bombay have been burned , to gether with the vcv'sel , and that there had ilso been burned American cotton to the \alue \ of 40,000. Cnpltnl Mnilf Kcdernl Territory. MELBOURNE , March 3. The federal con vention has adopted the proposal that the capltol of Australasia be federal territory , like Washington , the existing capltols being excluded. Frcnh OntlirciiU of Kplilcnilc. BOMBAY , March 3. An epidemic of ' black blister" has broken out In the etato of Hyderabad. Fifty deaths are occurring dally. i Looking for il fJrnli. SHANGHAI , March 3. The China Gazette says Great Britain will occupy Wcl Hal Wei In the event of Japan withdrawing from that port. niai.yr COM > HII > CIKI , . Slip IN Seventeen Vcnrx Old nnil AVclKhH ri7 : I'oiinilH. Eliza Moore , the largest colored girl of her age , eo far as known , Is a resident of Lex ington , Ky. She was born In Harrodsburg seventeen years ago. Her parents were people ple of ordinary filze. Sbo was an unusually small baby , weighing but two pounds when born. For the llret few weeks her parents thought t > he would never live. When she was three months old , relates the Globe- Democrat , she began to put on flesh. Her skin ecemed to bo as clastic us India rubber. and when she was a jcar old eho weighed 100 pounds. Since then she has continued to grow with alarming rapidity , until she now weighs 537 pounds. Her bust mccaure la seven feet seven Inches. She Is five feet four Inches tall. Her hair Is nearly straight. She Is a bright quadroon , and , notwithstand ing her cnormoiM size , has regular features end a face of considerable Intelligence. She wears a 3& shoe , and her hands arc In pro portion. Her arnw are so thickly covered w 1th flesh that she can scarcely put her handa to her head. She walks without much dif ficulty , and can climb stain * much better than ono would Imagine. When asked If her flesh was not a burden to her , she re plied : "Not at all. People tb'nk I am miserable , but I am not. I eat no more than the ordinary perscn , and have no fipeclal diet. " Bllza attended school for several years in Harrodsbuvg and Is fairly well educated. She talk.i Intelligently , and seems to bo above the average colored girl of her age In mental attainments. Eliza has had many offers to exhibit herself In museums , but she has persistently declined to accept them. Her mother and stepfather ace In dustrious colored people , and make a good living. Consequently they are as much op posed Ho Eliza allowing herself to be ex hibited as he la. She la a great reader , and bids fair to become one of the best edu cated colored glrlH In Lexlngtcn. Physicians who have examined her say that none of her vital organs1 have been Injured by excessive adipose tissue , and to Ifar as they can set she Is In the beet of health. .Natural UiicMlnn. Chicago Post : It was either an elopement or a honeymoon , or possibly a combination of both. As they stood In the waiting room of the depot ho uald : "We can take either ono of two roads. I leave the choice to you. " "Is Is there a tunnel on either ? " she nskcd hesitatingly. Oil , there could bo do doubt about It at nil. All the passengers iigrecd that It was an elopement or a honeymoon or both. SCCIII-M lit Monte Carlo. He-ro IH an extract from a private letter from a Boston woman , now In Monte Carlo : "Wo went to the ( lower market this inorn- Intf and brought borne two dozen beautiful roses , a largo bunch of violets , otnu hva- clntliM mil mignonette all for 20 cents ! List night wo went to I.Monto Carlo ami saw Mly 1-ingtry In low-nwkcd .nhltii satt * mil diamonds , plajlnjr he.ivily nnd winning all tliii tlmo. The duke of Canibildgc vv.ia watching her , and sto wnt everybody olsc. it vvns a R.iy and festive crowd , and vvo never siwr ; Fiich beautiful costumei. Just for the fun of thu thing vvo put a crl ; > fj United StatcM greenback on tlu > red , Tbo oroupler looked at It , turned'dim wheel und then raked It Into bis pile Ju us If It bud ) cen French money. We thought we de tected a smirk on bli face In tokn of hl delight at having beaten a Yankee. " llrucp-\ord quint. MALMO. Neb. , March , 3. ( Special. ) Mr. W. C. Bruce of this place was married today o Mlsa Emma Xordqulst of Holyoke , Colo. . . Rev. Lledcrman ofllclatlng. IliirKlnrw Slcnl Silt or. The bouse of Mr. Beaten , 1019 Plnckncy Bticet , wai entered last night during th absence of the family for the evening. Gil * W.TH burning and doora Avert- ajar when tbo householder relumed and a number of artl- sleH were mlR ed from the silver clo ct and bureau diawers. \rrcNlr l oil SiiNplclon. Bert St. Clalr IV.IF < arrested last night at one of the leading hotels on the suspicion ! of being a confidence mnn and general thief. There was found In his pove lon a com plete outllt for the manufacture of loaded1 dice , an well as correspondence from pe-oplo- k n a AH to be thieves. POUIO.\ST OK TODAY'S wio.vniniu Knlr In > fl riiMka , it Illi IilKlit , Varla Me WlmlN. WASHINGTON , March 3. Forecast for Friday : For Nebraska nnd Wyoming Fair ; light variable vvlndn , becoming easterly. For Iowa Fair ; slightly colder In east ern portion ; easterly winds. For South Dakota Fair ; Hlltfhtly colder In eastern portion ; easterly winds. For Missouri Fair , variable winds. For Kansas Fair ; variable winds , becom ing southeasterly. Local Hi-cord. OFFicr : OF THI : WIATHBR BUREAU. OMAHA , March 3. Omaha record of tem- pcraturo and rainfall compared with tbo corresponding day of the last three years : U9 . 1897. IS'lC. 1897. Maximum temperature . . . -I. . 31 28 lit Minimum temperature . . . 21 a 19 Average temperature 31 22 24 1C Italnfall 00 .00 .21 .OJ llccord of temperature nnd precipitation at Omaha for this day and since .Mtircli l , 1S97 : Normal for the day 3i > [ 2\cc. s for the day 4 Accumulated excess slnco March 1 1 Normal rainfall for the day 01 Inch Deficiency for the day .M Inch Total rainfall slnco March 1 01 Incli Deficiency slneo March 1 11 Inch Dillcluncy for cor. period. 1S97 11 Inch , I\CCHS for cor. period , 1S1KJ 12 Incli ItciiortM from Slutloim nt Hi , in. T Indicates trace of precipitation , I , A Wii.SII : , I/JCitl rorccant Official. .VW.V.Y.VW.V/.VWWnVYWrVil FREE ADVICE by our riiyelclan nnd a , tEE SAMPLE r ; of our luuiTlunu ami iitd IIBKU Prr Itook treating a ) mi < c uiih Ml excellent nru BOUIO uf tlic icanuii ! ) vtliy juu Kbuulil vtrlto IIM. 3 : DrKay's Renovator dues the very vvortt cues of Hyepciula , Constipation , Ilrtulnchc , I.lvcr and Klilucy ( ll.e.'Uff. html for jiniuf uf U , YVn CJiiiiiiinlKt II. \\'illu \ lirt iilmut rill of vuur Hjmiitinns. Dr. Kny'n Ucnovatur IH Bold liy ilrtiuuUU , or btnt liy mall on receipt uf price , un ci-nt * und 81no. Addren Dr. B. J. KAY MEDICAL CO. , ( Wettern Office ) Omaha , Nob.