I THE OMAHA ! DAILY 'K ' 1 - TWENTIETH _ - _ _ _ _ _ _ YEAK. _ _ _ OMAHA , WEDNESDAY MOBBING , MAY G1891. . NUMBER 317. WENT AGAINST BOYD , " Euprtrno Court Gives Out a Decision in the Contest Oasct T1IAYER DECLARED TO BE GOVERNOR. Judges Cobb and Norval Hold in Favor of the Ex-Governor. JUDGE MAXWELL DISSENTS FROM THEM. He Emphatically Declares That Boyd is and lias Boon a Oitizan. PRETEXTS FOR JUDGMENT OF OUSTER. Hy'lnbiiH of till ) Decision Which I'ulH the People' * Choice Out of Ills Oflicc Given Here Com plete. LINCOLN , Neb. , May 5. [ Special Telegram to TUB HKK. ] The great Boyd-Thavcr con test ended at 4 : ! iO o'clock this afternoon by the supreme court declaring thai Thayer Is governor and by ousting Boyd. The opinion was handed down by Judge Norval , a brother of Dick Norval , attorney for Gov ernor Thnjor. Thn opinion was concurred In by Chief' Justice Cobb. Justice Maxwell , however , banded down a dissenting opinion couchsd in the most emphatic language , In which.ho declared that under the enabling act Boyd becnmo n citizen of Nebraska and was ono when ho was nominated for gov ernor nnd when ho qualified for that position. Judge Maxwell's ' opli.lon comprises nearly n thousand pages. The following is the syl labus of the opinion banded down by Judge Norval : State ex rel , Thayer vs Boyd quo warranto. Judgment of ouster. The supreme court has Jurisdiction to entertain proceedings by information - formation In tbo nature of quo wnrranto In- Bllluled for the purpose of determining the rights of personsclaimlngthoofliceof govern or. Under the provisions of section 'J , article f > , of the constitution , no person is eligible lethe the ofllco of governor who has not been a eit- I/en of the United States and of this state for nt least two years next proceeding the election at which sucn ofllccr Is lo bo chosen. Where a plurality of votes are cast for a person for a public of llco who Is Ineligible Iho clccllon Is void. Un der Iho fourth section ot Ihe act of congress , entitled "An act to establish an uniform rule of naturalization , " approved April 14 , 1602 , the child of an alien under twcnty-ono year * of ago , although born in n foreign country , becomes u citizen bv the naturalisation of his rarent if dwelling within the United States aLiho tlmo the parent Is admitted to citizen ship , but it docs not have that effect if ho Is r ever twonty-ono years old at the time Iho parent Is naturalized. The order of n court admitting an alien to citizenship Is a Judicial net in the naturu of : i Judgment nnd can bo proved only bv the rocord. The fact that an ' ' almn has fo'r m'any years voted at elections held in this state and filled Important public offices t docs not establish lhat ho Is a cltl/on of Iho United States. Where an alien is natural ized under the naturalization laws his citizen ship dates from Ibe tlmo the order of Iho court Is made admitting him to citizenship. The alien Inhabitants of the territory of Nebraska at the tlmo of Its admission as a state did not become citizens of the United States by virtue of the ucls of concriss ad mitting the state Into iho union. The words "clllzoi's of Ibo United States" as used in sec tion 2 of article n of the stulo constitution Is construed to mean n person who is an American citizen by birth , or a person of for eign birth who has been duly naturalized under Iho provisions of the uniform rule of naturalization established by congress. Under section 1 of article ft of Ihn constitution S a person elected to the ofllco of governor Is nulled lo discharge Iho duties nnd receive UK ) emoluments of the ofllco for thu term of two years from Ihe first Thurday after the first Tuesday In January following his elec tion and until a successor Is duly elected and qualified. Where the person receiving the highest number of votes for the ofllce of gov ernor Is ineligible under the constitution to bo ejected the povornor holds over. The duties of thu chief executive ofllco of the state devolves upon the lieutenant governor . In certain conllngcnclo * , ninong which nro the failure ot the Kovornor-olect to qualify and the disability of the governor. It cannot bo said lhat there has boon a failure to qualify where no person has been constitutionally elected to Iho ofllco. The words "olher disabilities of the governor , " appearing In section 10 , ar- tlclo 5 , of the constitution , have no reference to the IneliglbllUy of Iho person lo bo elected , but covers any disability of tbo governor not specifically enumerated In the suction , and occurring after the commencement of his term of ofllce. Held , that when the non election of a person to n public oOlco Is ascer tained by the proceedings In quo wnrrnnto thu person entitled to hold oVer must then qualify , The opinion had no sooner been handed down Ihun Thavcr Immediately filed his bond with the secretary of stato. As the mailer Is a federal question It Is reported that Gov onior Boyd will appeal the case to the supreme promo court of the Unilcd States. LINCOLN , Nob. , May 5. ( Special Tele- pram to Tin : BKE.J About an hour after the opinion was handed down a writ of ouster was served on Governor Boyd by a deputy sher iff. The governor was ordered to turn Iho office over lo Tlmyer. and ho did so , but ro- malned first to see. that all his private papers wcro packed. Thayer took possession ot Iho executiveofllco and was Immediately sur rounded by a number of ox-officials who owe Ihelr discharge io Governor Boyd. A largo crowd gathered In the stale house after the * * opinion of th supreme court was known and m * * ' the greatest excitement prevailed In the city. CUT A.\l > ItttlEO. Thnyor'g.Attorneys Were I'rnlinlily On the InMdct In the .Matter. LINCOLNNob. , . , May 5. | Special Telegram toTiir. BEE. ] The mam subject of discussion on the streets und In iho hotels tonight is the unexpected decision of Iho supreme court late this afternoon In toward to the Boyd- Taycr contest. It was expected that the de cision would bo handed down this morning. The opposing attorneys were on nand ox- pedant , but the ontlra morning was spent In considering minor eases and It was an nounced at noou that iho court would adjourn until < J tomorrow. Counsel for Governor Boyd wa therefore led to believe that there would not be any decision handed down until tomorrow. Gen erals Cowln and Judgfl Crawford , attorneys for Governor Hoytl , loft for Omaha mid > fr. Howe was out In iho city and did not arrive at the executive oftl-o until attjr Governor liovd hud been ousted. The general impression seems to bo that the counsel for Governor Tlmyer were not resting In such blUsCul Ignbrunio of thu purpose of the court , for nt ft o'clock , when th opinion was filed , a writ of ouster had al ready boon propan l , was Instantly signed , placed In the hands of Deputv SheritT Hoxle. who , accompanied by O. I' . Mason , John L. Webster , Kd. Carnes , Dick Norval , ( brother of the Judge ) , and a posse of about fifty others , marched Into the feoveruor'a ofllce , served the writ on Governor Boyd and de manded Immediate pcs < esslon. Governor Boyd said : " 1 am ready to obey the mandate of iho court , but I would llko to liavu a few moments' delay until my counsel , who bavo been telephoned for , can arrive. " Judgn Mason soemoil favorably Inclined to uch a cour e , but was. called isldo by John I * Webster , and after a few moments' COD- lultatlonYcbiter catuo back auJ told the deputy sheriff to demand Immediate posses sion of tno executive ofllco. To this ( jovetnor Bovd Immediately com piled. Mr. Howe arrived less than llvo minutes nftor , and was Indignant at what ho called the hot haste of proceedings. Ono of Ihe comical features o'f Iho great event was after the ortlco had been turned over lo Tlmyer. Judge Mason ambled up lo Governor Bovd , reached out his bund , and graiplng tbat'of Governor Boyd said : ' ! am very sorry that you have to vacate this ofllco under tttesb circumstances. " To tills Governor Boyd smilingly replied : "Don't shed any crocodile tears on my ac count. " The Judge was paralyzed for a few moments , colored up , and for the first ttmo In his IIfo was nt u loss for words. Governor Thnyir had evidently boon previously Informix ! of the Intended decision of thu court , as ho was rcadv with his bond and filed It Immediately with Iho secretary of stato. On assuming Iho duties of his office , ho Immediately set to work , and cut off llvo official hcaila. Adjutant General Vlfqualn first foil a victim to Iho ofllclal guillotine and Adjutant General Cole was put in his place. Father Corbett , chaplain of the penitentiary , was the next In line , and hU head came off. Elder Howe was reinstated. Captain Crawford , the Janitor at the state house recently discharged , was reinstated. Governor Thayer then fired the recently appointed superintendent of the asylum at Norfolk , and wrote out a commission for John Wilkinson. Colonel Harry Downs , recently assistant to the deputy labor commissioner , will bo re instated , as will also Mr. Terrls , clerk In the cxecultvo office under Governor Thayer. Tonight iho now chief executive Is sharpen ing up the guillotine for further slaughter. IfllAT llOVIt THlMiHi Will Take the Case to the United States Supreme Court. LINCOLN" , Neb. , May 5. ( Special Telegram to TUB BKK.J Governor Boyd was seen thla evening at tlio Hotel Lincoln. Ho was in his usual good spirits and said bo was glad that the supiemo couit had finally como to some decision. The governor said : "I don't regret so much about being ousted from the position of governor as I do that n majority of the court has declared that I am not a citizen of the United Stales. 1 believe with Judge Maxwell , lu my opinion the ablest Judge on the bench , that I nm a clM/cn of the United States , and of course It goes wittiout saying that I always Intended to bo such. A man who has lived in this country slnco ho was a child and been n resident and citizen of this stale fortblrly-fivo years.and who helped to frame the constitutional provision now invoked lo oust him from office , and who was a member of the first state legislature that accepted the provisions' of the enabling act under which Iho state was admitted Into Iho union , and who lias dona perhaps ns much as any other man in building up and de veloping Iho icsources of Iho state , Is certainly entitled to citizenship. To MIV the least It is a mere technical con struction of the law b3' a majority of a par tisan court that deprives him of that citizen ship. My greatest pride has always been that I could say that I was an American citi zen and 1 do not propose to let this matter rest here , but If tno law will so permit I will carrv ibis case lo Iho supreme court of the United States for the purpose of having a declaration of what constitutes citizenship of thu United States by the highest tribunal in the land. I believe that court will gnvo a different construction to the law than ihut given by a majority of the supreme con it of Nebraska. At least I have been so advised by as able counsel as there is In this country. I shall do this , uot for the purpose of regaining the ofllco of governor , for that of fice 1 do not care , but , as before stated , I wish to establish my citizenship. I regret that the decision of today was not rendered long ago. It would have saved mo from m an. van unjust and undeserved criticism. The pcoplo as well as the newspapers that have accused mo of making a corrupt bargain with Iho suureiua court It seems to mo should now have the firmness to give m& the credit of having acted honestly and conscientiously In the dischnrgo of my official dullcs. " Governor Tnaycr was seen , but ho was too excited and busy almost to tain. He de clares , however , lhat according to the laws of the slate hols the only person who can hold Ibo ofllco of governor. Ho believes Iho decision of Iho supreme court to bo the only righi and Just ono , as Boyd , being an alien by his own confession , has no right to the office. That under such circumstances Ibo letter of tho. statute i must bo followed , to wit , the old governor holds over. Thnyer's Mule Hatohct. LINCOLN , Neb. , Ma/ . [ Special Telegram lo Tifi : Bui : . | Governor Thuyor today made the following appointments ; A V. Cole , adjutant general ; Kov. P. W. Howe , chap lain of the penitentiary : D. C. Crawford , Janitor of the capital building ; Dan Hopkins , warden of the penltenilury ; Dr. Fred G. 'Jest , superintendent of the asylum for Iho Incurable Insane at Hastings ; J. W. Livcrlnghouso , steward of the asylum for the incurable insane nt Hastings ; H. \ Deans , clerk in the olllco of commissioner of labor ; ir. George . Wilkinson , superintendent of the Insane asylum at Norfolk ; J. U. Niohoj , steward of the Insane asylum at Norfolk ; J. B. Parmalco , principal of the institute for the blind nt Nebraska City ; Captain W. C. Henry , commandant of the soldiers' home at Grand Island. at HASTINGS , Nob. , May C. [ Special Tele gram to TIIC Bru. ] The decision of Iho supreme premo court In the case of Governor Boyd cannot bo accepted as welcome news by the republicans. Theyaro much chagrined , as they expected lhat Tom Majors would bo de clared governor of Nebraska if BoyJ was de clared Ineligible. Superl'stundent Johnson , the now appointee nl Iho insane asylum , who tins morning ob tained full possession , says tonight to Tun BKE man that ho will not hold under Thayer four minutes , but ho will resign instanter. The democrats hero accept Iho news as a bitter pill Kn trail nnd Lannlng bolng tbo only ones who find contentment in the do- cUiou , and are holding conference tonight. Hit ) .lob Not. So Sure. NKIUUFKV CITV , Neb. , May 5. iSpcclal Telegram to THE DEC. ] Tbo news lu regard to Boyd being lotircd and Thayer reinstated * as governor was discussed on the streets by everyone tonlcht. Prof. Bakostraw's friends were not hanpyund Prof. Purmalco has con cluded to remain until the controversy is set tled. In case ThajOT Is reinstated'Prof , I'armalcc's 1'iiemls siy : ho will be replaced. J.V O.V.I//.4. HowthoXows WIIM lainincnted on by Prominent riti/oii * . The news of the court's decision created a sensation In this city , especially lu political circles , and formed ihothcmo of conversation and discussion on the streets , in Iho hotels aiid al all gatherings. Cttv Attoruov Popploton said ho was not surprised. "It has been a very difficult ques tion , " said ho , "and I would not * have been surprised at a decision cither way. " Councilman Bechcl said the decision would probably rastilt In the case going to the United States supreme court , where it properly belonged. Mayor Cushing said he thought it was a very unfortunate thing for Mr. Boya , and Iho stale of Nebraska , loo. at this esroclal tlmo , "Thayor , ! f seated , Is api to call a special session of tha legislature , and if that old mob gets logothor again ihcro is no icll- IIIR whal luoy won't do. If. It gave us Tom Majors it wouluu't K ) 1,0 bad. Ho Is a man , and a capable , falr-ralndod ono , and would glvo us a substartlal admlulslrallon. " Charles J , Crcen said"I have not yet scon the text of the decision , but I bavo been of the opinion that Mr. Boyd should ho sustained. When 1 havn rend the opinion In full I ahull bo In better .shapo to say some- Ihln 17 about It than at present , " Colonel W. A. Paxton said : "I con tell you briefly what I think of the wbolo busl- OX < UCOXU VAOBj . SEARCHING FOR IGNORANCE , Another Day OonsumetHn Trying to Secure a Jury for the Sheedy Trial , INTELLIGENCE AT A GREAT DISCOUNT , A Young MIUI'H Thrilling Cnrecr- lliiluhiiihon , the \ \ oiill-Il ( ; Mur derer , CM jit ureil Other httito News. LINCOLN , Nob. , May " . [ Special to THE IlKK.J In the trial of Mury Shoody and Monday McKarland for the murder of John Sheedy tlio entire day was taken up til tbo effort to sccuro a Jury. Yesterday nlno men passed tlio challenges for cnuso , and the speedy selection of tlio Jury scorned probable , but the court reversed one of Its rulings with the effect of materially delaying the proceeding. It was held yesterday that , under the law of 18S9 governing counties of 70,000 or over , an opinion formed from the reading of news paper accounts of the murder , was not a cause for challenge. Today the court announced that It had given the question further Inves tigation and had reached the conclusion that the general law was not repealed by the stntuto of 1SS9. The court had also gone over the stenographer's report of tlio examination of tho. nlno Jur ors , and It excused Messrs. Hendry , Hartshorn , Oaltos ind Quackenboss from sorvlco. The defense then claimed the right to re-examltio the other six Jurors , and the court readily gave both sides an opportunity to recall them to the stand. Under this second end examination Mr. Dunham was also ex cused , leaving but four of yesterday's Jurors. Absolutely nothing ol a sensational nature occurred during the diy to interrupt the monotonous quizzing of the gentlemen drawn as possi ble Jurors. Mrs. Sheeily sat between her two slstors and kept her eyes almost con stantly upon the persons under examination. If she had occasion to glance at the court or the attorneys for the prosecution she did It by rolling the eyes in their sockets without turning her head to the right or loft. Her composure was perfect , and there was noth ing in her conduct to attract attention. McParland sat In the background , scarcely noticed amid a throng of lawyers , and ho kept his eyes on the wit ness stand with scarcely a change In his expressionless face except when en gaged In whispered consultations by bis at torneys. The court room was filled with spectators , but the fair sex was consplcu- oasly absent. Many of the persons examined were op posed to Imposing the death penaltv on evi dence wholly circumstantial , and the attor neys dwelt upon that point at great length. The court Itself wearied somewhat of tbo reiteration and miulo this statement : "There never was n case In which the testi mony was all circumstantial. Such n case cannot bo conceived. The death of John Sheedy can be proved by direct evidence , and this is also true of other points In the case.1' ' The courts rebuke had the effect of making the examinations for Jurors loss rigid. The net result of the day's labor was tbo ad dition of the following sovcn gentlemen to too four already In the Jury box : S. S. Griffin , A. B. Norton , James VnnCaraplon , Frank B. Doyle , I. L Lyman , A. P. Martin and David Hettrictc , The twelfth man will probably bo selected tomorrow morning , but It Is certain that some oftho twelve will be displaced. The state has six peremptory challenges and each of the defendants six teen , making a total of thirty-eight , so that all of tomorrow may bo taken up In getting the Jury. HVTCHIASOVAPIVUED. . Sirs. Greene's \Youil-lle ! Murderer Ar- rented at Ills Home. LINCOLN , Neb. , May 5. [ Special Telo- gramtoTiiE Buc.1 E.V. . Hutchluson , sr. , the would-bo murderer of Mrs. Jennie Greene , was captured about 10 o'clock last night at his homo in Ashland where ho has been In hiding slnco last Saturday. The capture was effected by Marshal Mellck of this city. The murderer was brought to Lincoln at 10 o'clock this morning. Ho nf- fecls insanity. Ho claims that while talking with Mrs. Greene a strange feeling came over him and lie docs not recollect anything after that until ho found himself batloss about ten miles northeast of Lincoln. The Hutchlnson homestead Is situated a mile from Memphis on the banks of the creek , and back of It Is a large wood , thus affording the old man an opportunity to go back and forth without hindrance. It was about 10 o'clock when Mr. Melick arrived , but ho immediately proceeded to the house and knocked for admittance. Mrs. Hutchln- son was at homo and seemed rather sur prised to see the officer. She denied that her husband was at homo , but the olllcer per sisted In searching the promises , and his pa- tlenco and ingenuity was reworded by Hud- Ing the old man In a small bedroom. HutchInson - Inson tnado no resistance and appeared to bo waiting to bo capturjd. He was very much broken down and went along willingly. Hutclfhuon Is oltaor Insane or playing a part. Ho cannot or will not tell why ho shot the woman , but says that ho does not remember anything about the tragedy. Ho made his way Wednesday to Memphis , but fearing detection hid himself away , lie remained in the wpods near his bouse , sheltered bv his family until Saturday night , when ho felt so tired and worn out that bo begged to bo taken into the house. Ho was smuggled In under cover of tbo dark ness , and remained In hiding there until bo was captured. ii ino woman uics , wmca is regarded probable , the defense will undoubt edly bo Insanity. Hon. J. K. Gllkerson has been , retained to aefend him. The old tnrfii will have his examination as soon as It Is known whether the woman will live or die. Tried to Wreck n 'IraIn. SCOTU , Nob. , May S. [ Special Telegram gram toTiiK BKE. ] While the morning train was In town this morning two tramps went to the house of Mrs. Craig and took some tools which were In the yard and commencoa tearing up the track and placing obstructions on the railway near the house. Mrs. Craig supposing them to bo section hands , went to toll them to return what they had taken , when bho was driven Into the house by them. She was followed by the tramps ana when they reached the door she got a revolver and lirod at them , evidently hitting one , as blood was scon. The tramps then escaped. The woman ( tagged tlio train and the obstruc tions wcro removed , A largo party of citi zens of Scotia are In pursuit of the tramps and If caught they will fare rough. Congregational AHsoulatlon. Buni , Neb. , May 5. [ Special Telegram to TUB BEU.J The Twenty-third annual me"et- of the Omaha Association of Congregational churches , only about ouo-half the preachers and delegates having arrived. After some preliminary work the meeting adjourned uutll Wednesday morning at II o'clock. Appointed u Superintendent. NKHIUSK * CITV , Nub. , May 6. [ Special Telegram to THE BEE.The school board agreed upon W. 11. Gardner of Wymoro as superintendent of our city schools and has received his acceptance. Arrested for Complicity. FUU.FUTOX , Neb. , May 5. [ Special Telegram - gram to TUB BCE.J Frank Cusblng and wife wcro arrested at Cedar lUplds yesterday for complicity lu iho theft of several thousand dollars worth of merchandise , stolen from some Union Pacific cars Portland \ , Ore. , some tlmo the past winter , Tbo prisoners wcro taken to Portland for. trial. It was the Intention of Cashing and wlfo to open a gen eral merchandise store at Cedar Rapids and * wcro nwnkmg the arrival of a largo amount of the stolen goods which was captured at Columbus , onrouto to Cedar Uaplds , and led to the arrest of Cushmg and wlfo. A Thrilling Htory. FIUIMONT , Nob. , May 5. [ Special to THE BKE.J James Hlco , a young man who has been working for .Toslah 1/oiiRtcro nt Ulon- cat , this county , has hiul a checkered career. Twelve years ago ho was a Dago In the Colorado rado senate. By close economy no saved f,200 ! , which ho intended to carry him through college , but dn the eve of his ilc- parturo from Denver ho was robbed of every rent by n Stranger at his hotel A ranchman took pity on the boy and gave him employ ment on his large range , and while trying to recover stock fromgtnaraud- Ing Indians the cowboys were en gaged lu a fight , mid young Hlco was twice wounded , but was saved by his comrades , who strapped him on a pony and carried him twenty mhos to bo treated by a surgeon. Ho settled ! n western Nebraska and was a victim of much drouth , and with others came to Dodge county this spnng penniless and obtained employment. Five years ago ho placed the account of his early loss In the hands of a detective agency , with little hope of success , but about n month ago ho received a letter from the dotoctlvo agency saying that the robber had been traced mid that he bait mndo a confession , restitution would bo made by paying the principal , compounded at- the rate of 10 par cent , and that a bonus might bo secured. Tbo thief had prospered and was in business with his father in one of tbn largd Missouri river cities aad would meet young Klco April 33 to settle , whither Klco duly went. Joslah Longocro has slnco revived a letter from the detective , say Ing that young Klco received as principal and interc.st"00 ! and a bonus or hush jnouoy to the amount of t'JO.OOO , ana that the excitement connected therewith had thrown the young man into brain fever and his Ufa was despaired of and ' his friends were sent fd'r. The robber said ho took the money because bo did not like to wrlto to his father for more , and that ho hrw been looking these many yours lor young Hlco to pay him back , blbux City was the place of conference. Judge limner's Uoc'lslon. KEAHNCT , Nob. , May 5. [ Special to THE BKK. ] The recent decision of Judge Ilamor nt Broken Bow in which ho did not confirm a certain foreclosure , has gene the rounds of the state press and even further. The Judge was Interviewed this ovculng on the matter , ami ho gave the status of the case as follows : The farm in question is UK ) acres , all tillable excepting about flvo ncres Seventy acres wctc under cultivation and thirty acres more wcro fenced , and Urn landis , worth at a fair valuation $ -,000. It bad bcou appraised , by men who never saw the land , at JfiOO , and was sold at the legal minimum of $400. These facts were drawn out in court and the Judge used vigorous languagu.in denouncing those proceedings and refused to confirm the sale on the ground that it was Illegal , and the owner bad a right to a reasonable con sideration for his land. There were a few moro sales of the same kind which ho refused to confirm on the same grounds. The Justice of this decision should not. tx ralsleadlng and the facts should bo kn6wu t < j vindicate the bad reputation sent abroad from this judicial district. Loan.agcncica.haYP nothing to com * plain of hero If they are disposed to bo fair with their patrons. Justly Indignant. AIUPUI'OE , Nob.r 'May , B.-ifSpocial to THE BEE.f The resident of this vllUgo are very Indignant over the report pub lished that a circular had emanated from Arapaboc , signed by Koprosontatlvo Stevens and others which "Is worded In sunn n manner ns to create the belief that , the people of that county are actually starv ing. " No case of starvation or extreme want has cotno to the notice of the people hero , and while tbcro ara many cases of slight distress In this neighborhood , they do not re- qulro ignorant and false statements in the form of a circuiarto meet them. Court House Rurnod. WAI.IACE , Neb. , May , " ) . [ Special Telegram to THE BKE.J The tomporar.v frame struc ture used by Hayes county as a court house burned at Hayes Center this morning to gether with all the county and court records except the real estate papers ? which were saved. The ( lour anil fee l store of Frost & Son , adjoining , was also' consumed. Frost's loss Is $1,000 , with na insurance. The lire is believed to bo the work of an Incendiary , as It was first seen on the.outsldo on the rear of the building. Ilnndod Over thn Keys. HASTiNfls , Nob. , May -SpecialTelegram [ to THE BEE. ] Dr. Johnson , the now superin tendent of tbo insan.o asylum. Informs your correspondent this evening that the doublo- hoadcd official farce at the asylum Is at an end and that ho is now In full possession. Ho made a formal demand ot Dr. Toil this morn ing and was turned ever the KOVS. A. S. Campbell of this city relieved Mr. J. W. Loy- crlnghouso as steward at Iho same time , Probable Crime Unearthed. NKIIHASK CITV , Nob. , May . [ Special Telegram to Tim BKE. ] Tlio corpse of an Infant , supposed to be two or three days old , was discovered by two boys In an old Mis souri Pacific cistern near the freight houso. The remains were wrapped In a llttlo shawl and had evidently been there for several days. The coroner has the matter In hand and will Investigate. A Paper Changes Hands. Ur.n CLOITD , Nob. , May Ii.-Special [ Telo- crnni to THE BEK. ) The Webster County Argus changed hands today , G. J. Warren retiring and W. L. McMillan and F. M. Potter - tor taking charge. Both are well and favor ably known in this community. Ttio firm will bo known ns McMillan , Potter & Co. Sold Uun CLOUD , Nob. , May 5. ( Special Tele gram to THE BEU.I The Hod Cloud roller mills , together with all water rights , was sold today by Receiver H. C , Scott upon an order of tbo supreme court of Nebraska. The mill is a line one with.o capacity of 150 barrels per day. rirt ! ut I'aplllion. PAPILLION. Nob. , May 5. ( Special to THE BEE.J The ( louring mill of John Schoabwos destroyed by tire early this morning , and with its content * ; Ii a total loss. The origin of the fire Is unkuo iu The mill was valued at $3,000. There uiu > Insurance. Kpccliil Klcutlun Called. IlAim.NOTON , Neb.j faoy 5. [ Special to THE BKE , ] The Collar county com missioners have takca favorable action on the now court homo proposition and have called a special election to bo bold Juno 15 for the purpose of voting f.20,000 lu bonds. A Now Prol'CH or. NEWIABKA CITV , .Neb. , "May -Special ( Telegram to THE BEE. ) Prof. Morlager was tody appointed musical director of the insti tute for the blind. Prof. Morlagor recently came to Nebraska City from Chicago. Clgur Factory Hiirnrd. CHKTF , Neb. , May -Special [ to THE BIE. : | The cigar factory of O , _ P. Hotter In the north part of the cltyj was destroyed by flro last night. Loss about f 00 , insurance MOO. TMIK WEATMIKH * 'OItEVA.1T. For Iowa and Nooriuka Generally fair ; warmer : winds becoming southeasterly. For Missouri Fair ; warmer Wednesday night ; northeast winds. For Kansas and Colorado Fair ; warmer ; northeast wind * . SEVERE ON JURY BRIBERS , Report of the New Orleans Grand Jury on the Italian Killing. HOW TALESMEN WERE MANIPULATED , The JMrty Work of Detective Doinl- iilok O'Mnlley nnd Ills Associ ates Shown Up In nil Unenviable enviableLight. . NEW ORLEANS , La. , May 5. After six weeks of Investigation the grand Jury com pleted its labors in the Italian case and this afternoon presented a voluminous report to Judge MBIT. The report recites the killing of Chief of Police Honticssy , the trial of the Italians , etc. , ana referring to the verdict says : "Wo cannot bo mistaken In the asser tion that the verdict was startling , amazing , n Utter disappointment , shoctdng to public opinion , provoking repented accusations that some of the Jury had been unfaithful to their office. " The report BOCS on at considerable length to speak of the comments made on every sldo before the termination of the trial touching the action of some mem bers of the Jury ; remarks dropped in and about the courtroom , quart els In the Jury room , etc. Careful observers , it soys , testify with special reference to the marked inatten tion of the Jury as witnesses submitted tbolr evidence , conduct most unbecoming and fraught with the gravest consequences when tbo momentous part of the Issue Is consid ered. "Wo are led , " continues the report , "to conclude that the Jury undertook to try the case when it was submitted by their own estimate of the value of statements made by parties not called upon as wit nesses. With strange unanimity they dwelt upon what they knew by reading and hear say of certain Incidents of the assassination prior to the trial , and made those a basis of powerful persuasion for giving the accused the benefit of the doubt ana con cluding their deliberations in their favor. Wo take occasion to say that it was not expected to obtain any ovldenco of undue influence from members of the Jury , for these who were uncorrupted had nothing to reveal , whllo others would not make themselves party to the crime , yet in their numerous statements much wus ob tained having direct connection with and supported by the great volume of testimony elicited during the Inquiry. It is cleanv brought out by the evidence of the jurors that as affecting thrco of the accused Pollltz , Scaffedl and Mo- nastorio the Jury cngagoa In deliberation four or five hours and on re peated ballots stood six guilty and six not guilty. It forces the conclusion that the evidence was sufficient to Justify tbo six Jurors who stooa resolute and determined for a verdict of guilty , making It well nigh im possible to roach any other conclusion than mistrial. The three accused named above were probably the unwilling actors desig nated by the leaders of the conspiracy to ex ecute the vllllauous part in which they bad neither personal motives nor Interest. Following this investigation . it was quickly learned that tulesinon had been approached preached In various manners , the vile work oveu belug carried forward in the court room during the trial. Ono favorite expression was , 'big money might be made by going on the Jury and doing right. ' There is no doubt such attempts were made by various parties In the service of the defense , _ outertolned by some talesmen and scornfully rejected by others. In some instances a rebuff was mot with In the answer tnat It was a 1oko. but surely It was a well directed Joke of deep significance when the leading part Is enacted by thn counsel of one of the accused awaiting trial now under an indictment for attempt ing to brlbo a Juror. Another class of talesmen took spuclnl care to deny any kuo'wledgo of thu vile work or showed remarnablo deficiency of memory , causing us to conclude that they were silent from fear or had been cautioned about incriminating any ono. A number ot witnesses most em phatically denied having been approached or spoken to , even after telling It to their friends , who informed. Among tbo talesmen a number of our citizens huvo nobly como forward , relating their experiences , furnish ing some of the missing links in the chain of circumstantial evidence drawn around the organl7ed gang of Jury- bribers. It Is not to bo questioned that the work was systematically executed after careful preparation and had to bo done quickly. The necessity was imperative for a complete list of talesmen and the grand Jury knows that the list of talesmen was in the oflico of O'Malli-y & Adams at II o'clock Sun day morning , February 22 , though the trial Judge had issued special orders that the list was not to bo made public or given to coun sel on cither side until Monday. It is not shown by whose hands the list was Bocuretl , but enough was shown to confirm the secret and powerful Inlluonco of a so-called private detective agency and Counsel Adams to handle the machinery of the court. The evl- dunce shows that the list of names were tamperedwithwhen drawn from the Jury wbeol and before they reached the Jury box in court. O'Mulloy was put In possession of the lists almost immediately aftortho names were drawn and beforetnoy reached the district attorney's ofllce. Influential friends alone could accomplish this , but this was secured in the person of ono of the Jury coimnmls- siuners , lately removed. It Is further learned that in the ofllco of the detective agency is kept a book of the names and addresses - dresses of Jurymen. Out of the ! ! 00 names drawn for the February panel thirty-two were on O'Malleiy's list , and later as the talosmec were drawn mnny more names appeared that were on that list. Truly the business of this enterprising dotcctlvo agency was facilitated when thirty-two names of their selection could bo drawn en a panel of 300 Jurors from a wheel containing 1,0011 names. " The report goes on to speak of the unreli ability of some of the deputy sheriffs about the court and Iho parish prisons , nlthougn they were not detected In any act of Infidel It- . When the Indictments against McCrys tal nnd Coonoy were road in tbo court room in blank the fact win ut once communicated to the indicted men through somosubordlnato of the court. WhoD these men were arrested in O'Malloy & Adams' ofllco the deputy sheriff , at tno request of O'Malloy , reported to the court that iho arrest was tnado on the slreel. The report dwells on the sworn statement of Thomas Collins as uf great valuo. Ho , after entering the employ of O'Malloy fi Adams , was commissioned as a special otllcer by the mayor and paid by the city. "His duties , " suvs ' the report , ' 'while acting In his double ca'pacity , were performed with the strictest fidelity , as ovldoncoa by the dally reports of everything seen or heard. Us details und matoilul fuatuioi are bo closely connected with the circuni- stance } of the trial , as confirmed by otner witnesses , that there Is not the slightest reason to doubt the accuracy and correctness of Collins'sworn statement. It unfolds the whole story of the iniquitous workings of the arch-conspirator and his lieutenants , reveal ing the boundless power of a man to over come and defy the mlijesty of iho law In criminal and civil proceedings through the oporailons of unscrupulous prlvao ( detec tives. The uinicalllosof establishing the ox- istcnco of such conspiracies by adecuato ; proof are almost insurmountable. Secrecy is the essential element , and ecldom does It happen that any ono of the participants will reveal vlllany either before or after Its execution. Sufficient evidence , however , was offered by voluntary and rellnbio witnesses to Justify the Indictment of six men as follows : Thomas McCrystol and John Coouoy with D. C. O'Malley for attempting to brlbo talcsmun , and Bernard Claud ) , Charles Granger , and Berneard Armani for an attempt by each to brlbo tureo different talesmen. Tueso parties are closely shown to have beeniato \ with O'Malloy , often . _ chargeable knowledge of al ' rtlclimtion in most If not all of the unlawl its in c-onnojtlon with lhat celebrated i Without- assiduous and corrupting Irt i-o wo believe tbo vor- dtctwould have bl XilcallydllTcreiitnmlns a natural conscqul the trueio occurrence of March 14 last T would have been recorded. McCrysWirYoluiitarv statement to the grand Jury , partly In the hope of Im munity , rovcals some points and causes us to think ho would have told moro but for the power and Inlliionco of O'Malloy and his as- hoclatcs. McCrystol anrt Coonoy were his ' trusted accomplices mid lUuro throughout the whole affair with prominence , showing the high appreciation in which their services wcro hela. Wo cannot fall to rofcr to the Intimate relations existing between n class of ward politicians nnd the prime mover In nil these Infamous doings. Wo have almost directly confirmed that a person holding the position of Inspector of weights and measures was often at the agency and was seen coining to iho court house in company with a talesman the day ho was accepted as n Juror. There Is confirmed evidence that the influence of O'Malley with the night watch man nnd inspector itt the olcctrlo light plant was so great thatrhc caused thorn to manipu late the light at thu corner of GIrard street and Basin the night the Jury was taken to the scene of the assaslnatlon to correspond with Its alleged notions the night of the mur der. His influence also accounts for the al terations in the book of record at the electric light plant. From the beginning of the In vestigation there Is continuous evidence of the pernicious combination of what Is Known ns O'Malloy's dotcctlvo agency. It adver tises that ono of the ablest criminal lawyers nt the bar Is attorney for tbo agency. W'l know for an "absolute fact that n bank account Is kept and checks drawn In the name of O'Mullov At Adams , the Interested parties bolng D. C. O'Mnlloy nnd Lionel Adams. Such a combination between a do tcctlvo nnd n prominent criminal lawyer Is unheard of before In the civilized world , and w.hen we contemplate its possibilities for evil wo stand aghast. " The report tnon goes ever O'Malley's record from the tlmo ho served a term In Cleveland for larceny , detailing the Indict ments found against him In Now Orleans , convictions for minor offenses In the criminal courts , etc. . and says that hindrance to tno administration of Justice was his doing , that whllo a Jndgo presided In the criminal court ho ordered O'Malloy excluded from the room. This was during the tlmo the aotoc- tlvo's present associate , Lionel Adams , was district attori.oy , and Ktis a slgnlllcant fact that two Indictments against O'Mnlloy for tampering with witnesses were not brought to trial , but were nollo pressed by the dis trict attorney prior to the expiration of his term. "Tho Inside view wo were enabled to get of the workings of this detective agency through Detective Collins , abundantly cor roborated from many sources , convinces us that it tins at Its command u band of per jur ors , blackmailers and Jury trunporors und that It has for some tlmo boon an clement of discord in the community and n stumbling block to the administration of Justice which should bo eradicated : that its career of crime bos not been cut short Is a matter of wonder , and is no doubt duo to tno fact that O'Malloy and his co-workers banded tfcrother for self- preservation. "The exiondcd range of our searches has de veloped tbo existence of the secret organiza tion styled the 'Mafia. ' Evidence comes from several sources fully competent In themselves to attest Its truth , whllo the fact is supported by a lonpr record of blood curd ling crimes , it being almostImposslbln to dls- cover the perpetrators or secure witnesses. The-officers of the Malta and many of its members are now known. Amongst them nro men born in this city of Italian origin , using their power for the basest purposes , bo it said to tholr eternal disgrace. "A largo number of the society Is composed of Italians and Sicilians who loft their native land In mnst cases under as sumed names to avoid conviction und punishment - ment for crime. Others were escaped con victs and bandits outlawed In tholr own land , seeking the city of New Orleans for the congenial companionship of thalrown class. Thexo men know the swift retribution of the law in Italy , for humlreus have been shot down on sight by the military In the mountains of Sicily without second thought. Today there Is recorded in the ofllco of the Italian consul In this city Iho names of some eleven hundred Italians and Sicilians landed hero during several years past , showing the official records of their criminality In Italy and Sicily. Hundreds of them are among us today. Wo doubt not the Italian govern ment would bo rather rid of them than be charged with their custody nnd punlsnmont. It cannot bo question ed that secret organizations whoso teachings are honilo to the fundamental principles of the government of the United States roust bo a continual menace to the good order of society nnd the material wel fare of the people. The law is Iho safeguard of society ; Its Just execution expresses iho will of the people in condemnation of crime , but where this lofty principle is scoffed at by the practice of assassination fur revcngo or splto or concealment under the most binding oaths , rendering powerless the efforts of the law to reach the perpetrators and sccuro witnesses , it becomes the duty of the pcoplo in the exercise of tholr sovereign rights to Issue their decree of condemnation. . That verdict has been rendered ; the power of the Mafia ISfJUrokcn ; It must bo dost roved as an clement of danger , a creation of leprous growth in this community. " The report goes on to severely reflect on the action of some of Iho Jurymen in tlio trial. Somoof the Jurors lestllled in iho moat em phatic terms that had It not boon for the per sistent and well directed efforts of three Jurymen the verdict would have been ma terially different. It Is curtain that the special effort of counsel for the defense was lo select for service such men as wtro well under O'Malloy's inlluence. "What can bethought thought when Ihreo Jurors wcro accepted with only some unimportant questions or the clerk toldjto swear them wllliotit question I This is n proceeding most unheard ol , but it has Its me.uiing ns well as other Instances. " The grand Jury goes on ut great length to talk on the Immigration question , setting lorth tbo evils of the present methods , Instancing - stancing the lecent Introduction of Italian immigrants without liny examination what ever and whoso names even were not on the passenger list of the ship. It declares that a crisis Is reached und on the magnitude of the Issue It becomes the duty of the next congress to quickly enact such vigorous laws that complete protection shall bo af forded. The grand Jury says itjius at no tlmo lost sight of the necessity for u thorough Investi gation of the whole aftulr. They examined a largo number of witnesses , embracing these who wcro present at the memorable mooting on Canal street , In the vicinity of the p > l < on , etc. "It U.shown In evidence , " says Iho re port , "that the gathering on Saturday , March 14 , embraced several thousands of the first , best and oven law-abiding clllrcns of thu city , SVo found the general sontlment am'ong witnesses , and also .in our Interoourso with the people , that the verdict rendered by Iho Jury was conlrary to law and evidence and secured mainly thronnh designing nnd unscrupulous agents employed for the special purpose of defeating thn ends of Justice. At that meeting - * ing the determination was thown that th < j roopla would not submit to the surrender of their rights Into the hands of midnight as sassins and thorr powerful allies. The assas sination of Ilcnnessy was doomed necessary to prevent the exposure and punishment of criminals whoso guilt was bolng fastostab- lisheil by his diluent pursuit. The condi tion of atTairs In this community as to a cer tain class of violators of the luw had reached such a .state that , the law Itself was well nigh powei'lcsi to dual with them so far- reaching was thulr power and lulluonco. In iho public meeting on Cnnul street , general and spontaneous In character as trulj indicating the uprising of tbo masses , wo doubt If any | Kvcr nt the command of the authorities would have been sufficient to overcome Its Intention ! " . Bvl- dunce U btiforo us from official sources that eluvou persons \vuin killed In the titturk on the prison Wo find that eight of thtimvtrc beyond iiuestlon American i-iti/eim aad unothur had dcrl.ired bis Intention. ' which act carries with It ro- nuuciailon o ( alleflanco to his i : other coun- [ COKTIKCru OK SCCO.Nl ) rAUJC.j TROUBLES OF THE INDIANS , Official Inquiry Into the Causes Which Led to the Eocont Outbreak , OMAHA'S ' NEW FEDERAL BUILDING , * Work Progressing on tlio PluiiH lc- signs llir ilia New Fort Public Printing Investigation Land Decision- * . WASHINGTON BtmtuiTitR BBB , ) fil3 FortiTEBNTi ! STIIKET , > WACIIIMITON , U. C. , May 5. ) General Mandcrsoii Is ono of the foremost members of the senate commlttoo appointed to investigate this summer the causes which led to the recent outbreaks among the Sioux and other 1mlinns In Dakota , northern Ne braska and elsewhere. Ho sold of that in vestigation : "I have heard nothing so far from Chairman Dawus and do not know what Is to DO done. I trust the Investigation will bo thorough and that some good will comp of It. Some ono was to- blame for the trouble and something should bo done about it. To my mind the entire Indian situation should bo overturned. Wo must either break up tbo tribal relations among the In dians and scatter them aDoul lu civil ized communities , so as to make their civilization easier and swifter , or wo must consider them as so many paupers , Incapable - capable of self-support , dangerous In Inclina tion , and corral them llko so many troops and feed them without anticipating any effort toward self-support. They cannot bo savage and civilized at the sumo tlmo and they should bo treated as ono or the other. I think the enlistment of the Indians ns soi- dicrs Is going to result In much good. It will have a tendency at least to break up their line of organization for warfare. " General Mnndorson stated to TIIK linn correspondent that ho had Just had a talk with the supervising architect of the treasury and work was now progressing upon the plans for the new federal building ut Omaha. It Is to bo in si/o 120 by 20J feet , with the vlnw to ultimately Increasing It to 200 feet square. The character ot material to bo employed Is under advisement. If granite Is used the slzo of the superstructure will have to bo decreased - creased so as to make the cost come within the appropriation. The senator hopes that some western state will produce a granite or handsome stone for tbo building and for tbo advertisement furnish It at prices which will eunblo tbo department to adopt the material. The war department Is also at work upon Omaha designs. It is making the plant ) for now Fort Omaha. The question of the character - actor of brick to bo used is under considera tion. The buildings are to bo gotten fur under way during the present season. I'lllXTISO 1NVESTK1AT10.V. Senator Mandcrsoii , who has been kept In Washington over since congress adjourned by reason of' the Investigations which the Joint committee on printing , of which ho Is chairman , U making , was found at the tclo- graph ofllco this afternoon writing a tolo- grain to his friends at Omaha announcing that ho would leave with Mrs. Manderson for that city tomorrow morning. ; "I should have loft for homo yesterday or tod.iy , " said ho to THE BEK correspondent , " "but I could not procure sleeping car accom modations. Yes , t ho committee on printing has ( completed Ita investigations , for the present | at lcast. Wo may make further Inquiries id , the autumn. Wo have gene for enough , however , to satbfv ourselves that the ontlro princltiles * upon which the government print ing Is dona must bo completely overhauled. It must be turned bottom side upward. It I * all conductol upon the same plan It was first given. No Improvements have been made for convenience or cojnoniy. Congress Is to blame for this. The government printer has been given no discretion. In the first place the Congressional Hccord ought , to have an editor , not to determine what the men in congress shall or sha'l ' not print , but to pre vent duplications , curtail the unnecessary publication of matter of vuriotis Kinds and generally have authority to Improve the pub lication and at the same tlmo make the work cost less. This can bo done by giving someone supervisory power with some lati tude lor discretion. Now congress orders everything , ana congress really has no Judgment , for so many cooks spoil the broth , you know. There must be a general super intendent who can determine the amount of copies , quality of work , prevent Jiluplica tions , mid geucrallv improve the .service , while at the same tlmo dcuronso the cost. THE NATION M. CONVENTION. It Is the . ' 'cnoral opinion of conservative republicans that a strong effort will bo made in spite of the traditions of tbo party and superior advantages of tlio Garden City , to Iccop the next republican national convention " nway from Chicago. Thli Is "said to be the quiet work of friends of the administration who favor holding the convention west of the Uocky mjUntains , presumably at San Fran- cihco. It Is understood the Californlans' pro pose renewing tliolr generous offer to trans port the delegates across the westurn half of the continent and back and to provide gcnor- ously for their entertainment during the convention. Senator Quay Is said to favor San Francisco. Kditor Charles ICmory Smith will bo on baud with u strong delegation urging the claims of Philadelphia. The Maryland republicans , beaded by thn veteran Felix Agnui of the Baltimore American , are quietly ut work for Baltimore. There will bo an unusual pressure exerted by Secretary Foster ana the Ohio contingent in favor of CIneinniitl , and a sprinkling of Minnesota statesmen , headed bv Kditor " ( III1' Plorce , will make n stand for Minneapolis , with a prospect of being hoodooed In due season oy St. Paul NRIIIUSRA I.ANII HECIMON" . Nebraska land cases were today derided by tliu assistant secretary of the intnrior as fol lows. John G. Bunton vs John Knegl , Urn- t > cr culture entry for the southeast quarturof section if. , township IKI , r.ingo 27 , Chadron , Nob. , district , decision of the commissioner , dismissing tun contest , ntllrmeil. Charles M. Hughes vs Clayton Stonubaugh , for the southwest quarter of northeast quarter , thu northwest quarter , southeast quarter and the east half , houthwest quarter > > cctlon 24 , township 7 , north range 25 west , North 1'ltUto ; decision below dismissing contest , af- lirmed. William K. Hall vs Charles Lauo , timber culture entry for northeast quarter section II , town " 7 , range 47 , Chadron , con test dismissed ; Judgment belowafilrmcd , B. V. Coon vs W. F. Simmons , cash entry for lot" , iltand 4 and southeast quarter of north- woit quarter , section ' . ' , town 114 north , range GO west , Huron , S , D. , decision below , can celling iho contest , affirmed. MISCT.U.AXEOrS. Ilrs. J. V. Bohtol , and Charles B. Kldor were todav appointed members of the pension board at Wllbcr , Nob. J. J. Beedo was appointed postmaster at Esther , Dawos county. Nob. , vlcu B. Sterns , resigned. Also the following in Iowa. At Diinroath , Marlon county. O. M. Pomoroy , vice K. htovufii , resigned. At Thor , Hum- boldt county , O. T. Thompson , vice O. W. Wilkinson , resigned. Mrs. M. B. Bean of Omana , Is at the National. Tbo following Iowa physicians rcglstoroil todav at the headquarters of thn American miKllral axbOi'latton. now In session hero : Dn , Jitincs 1) ) . Tcdrow , of Williams ; IX W. I'nnnu , Watcriown ; William H. Davis , Maiiuokctu ; S , N. Piorco. Cedar FnlU ; William H. Williams , Wall Lalw Uoorao H. U. Skinner , C'ednr IthplU * . I'p.inn S , tlKATir. Duty on tjiiccn lco ! . May 5. The customs col lector at Now York ha ? boon autboilzfii by the customs department to order the. releau on the expected arrival there of a shipment of ItalUn qucnn bees sent through the malls from Italy to a citi/on of Intva upon payment ol a line cquui to thn duly duo thereon. Tfccso hues ; , ro liable to u duty a.20 pur COD ) ad valorem.