THE OMAHA DAILY iHEE ; FBI DAY , MARCH 4 , 1808.
BOTH CASES STARTED WRONG
Enpietno Court Passes on Home for the
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
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-
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
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 ,
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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.
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.
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.
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.
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
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
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
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
Insurgents Meet with Entxesa in Their
Struggle for Ltliuj ,
SEVERAL REVISES FORftJJHE SPANISH
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-
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-
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-
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
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.
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
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
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
UM'OIICIMi Tllll LAW.
IlltiO" Coat * Ilrln r Order Out of Clillon
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
It Is stated by passengers on the Islander
that the Talya trail Is strewn with dead
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
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
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
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
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
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
Frcnh OntlirciiU of Kplilcnilc.
BOMBAY , March 3. An epidemic of
' black blister" has broken out In the etato
of Hyderabad. Fifty deaths are occurring
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
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
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.
Chicago Post : It was either an elopement
or a honeymoon , or possibly a combination
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
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. "
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
\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
WASHINGTON , March 3. Forecast for
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
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.
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 :
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.
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