Omaha daily bee. (Omaha [Neb.]) 187?-1922, May 07, 1895, Image 1
THE OMAHA DAILY BEE ESTABLISHED JUNE 10 , 1871. OMAHA , TUESDAY lv r , MAY 7 , 1895. SINGLE COPY PJTE CENTS. JAPAN FOREGOES HER CLAIM1 Fretsnro of the Great European Powers Too Strong to Resist , ANSWER TO RUSSIA , FRANCE AND GERMANY Trent ; Itntlncntloni Muy llo nxchnngeil Olio liny Fnrller ICtiropcnn "nil Amer ican \ \ r bhlpft at I lie-Too 1'rcparcil fur KmcrfjiMiclcs. PARIS , May C. The Japanese minister here has Informed the minister ot forclrn affairs , M. Hnnoux , that , accepting the friendly advice of France , Russia and Ger many , Japan lias renounced Its clilm to the permanent possession of the Llao Tung penin sula , Including Port Arthur. The Figaro , commenting on the situation of affairs In the far cast , sa > s this morning "Although the situation Is grave , the bom bardment of the Japanese const by the Rus sian nnd German fleets Is not expected. The negotiations do not proceed easily. " ST. PETERSBURG , May C The Journal des Petersburg says that Japan , In con formity with the advice of Rusiii , France and Germany , renounces her claims to the possession of Feng-Tien. BERLIN , May 0. The Japanese govern ment has Informed the government of Ger many that In accordance with the ndvlce ol the powers , Japan has relinquished he-claim to the Llao Tung peninsula under the treaty ot Shlmonosckl. TIEN-TSIN , May C.-The Chinese peace envoys have left for Chc-Foo , where the ratifications of the treaty of pcacs ai ranged between China and Japan nre to be ex changed. It Is reported that LI Hung Chang has been degraded. . CHE-FOO , May C The war > hlps of t'v- cial of the powers are fait assembling 1 ere. The situation Is rcgird 1 ns omlnoi's Aluady eight Russian war ships , Imludhif : three torpedo bo its , have gathered 'icre. an ] more are expected. In addl'lon , nnothei British , French und American and two Ger man war ships have arrived here. YOKOHAMA , May G.-V'enroy ' LI HurE Chang has been appointed Chinee envoy It exchange ratifications of tin paca treatj which Is expected to o cur nt Che-Poo to. morrow Instead of on Wcdne/liy , as at flrsi propoji'd. Frequcn' cabinet meetings , vvhlcl are attended by all iV Japanese ministers ore being h i.l at K > ot < \ No official notification Ins been reoeWti hero of the ratification by the emperor o : China of the treaty of peace arranged be tween China and Japan. But reports fron many sources confirm the statements thai the treaty has been ratified. Count Myogl eecretary general of the Japanese council c ministers , has arrived at Port Arthur , am will proceed to Che-Foo , where the ratlllcn tlons ot the treaty of peace are to bo ox changed. The Japanese privy council and the heai officials of the government have been hur riedly summoned to Kioto , In order to atteiu a meutlng tomorrow at headquarters. TOULON. May 0 The French cruiser ; Sfax and Cecllle will accompany the Frencl cruisers Tage nnd Suchet to Chlm seas today They were loaded yesterday with ammunltloi and provision ; . FOSTER HAS LEFT PEKING. WASHINGTON , May C Important ofll clal cablegrams concerning the .Japan-Chin ; situation have reached Washington within tli last twenty-four hours. The Tsung L Ynmen , or Chines foreign ofllce , cables tha John W Foster has left Peking for home going by way of Shanghai. This would tak' ' him to Che-Foo , which Is between the point mentioned , on Wednesday , when the negotla tloiiH culminate. LI Hung Chang remain at Peking , so that Mr. Foster , who has beei In conference with the emperor and th Tsung LI Yamcn , will act with Viceroy LI' son In representing China. An official cable to a different quarte gives decisive Information that the cmpero of China has ratified the treaty. The In formation Is so positive ns to bo bcvond ques tlon. It clears up many contradictory state ments from tmolllclal sources as to vvhcthe the emperor had or had not ratified. Th ratification of the Chinese emperor bring China nnd Japan to a final accord , so that I remains only for Jnpin to settle with Russl nnd other protesting power ? . It also make certain that the armistice which runs unt Wednesday the sime day as the ritlficitlon- vlll not be followed by a Japane o advanc on Peking. It Is said by officials that the exchange ( ratification * at Chc-Foo on Wcdnetday wi be largely a formality , now that China ha ratified. Japanese ratification was given som time ago. The manner In which the tw powers are treating It as n formality Is Ind catcd by the fact that Count Ito , Japane : chief envoy , Is not going to Che-Foo , an LI Hung Chang , China's chief negotlato also sends a representative. Officials F.IJalso that the gathering of foi clgn war ships at Che-Foo Is less bclllgcrci than would appear on the surface. U ha been arranged that the diplomats of Eun pean countries should hold a conference i Che-Foo , nnd the vessels are said to bo part of this gathering , although the strcngt of the Kusflan fleet shows she means to I prepared for emergencies. CHINA HAS HERSELF TO BLAME. WASHINGTON , May C. "The Chine : government has but Itself to blame for 1 loss of the war with Japan. Govcrnmei officials high up In China were In the ci ploy of Japan both before nnd during tl war. The enemy In mobt cases antlclpati all our movements. " Such was th ? startling announcement mai by Captain Norton McGlllln , who has Ju returned to his homo here from a ton-yea service In the Chinese nn\y. Ho was cor mandor of the Chen Yuen , tin famous Ire clad , during the late unpleasantness betwet China nnd Japan. Ho his returned America , most likely to remain , ns he ev dently does m > t think well ot Chine ; military and naval affairs. "I was In the hospital mid not In cor mand of the Chen Yuen at Wel-Hal-Wel was reported. Had I b.en In that fight would not have been hero , as I would ncv have ben taken alive. No , I should n nave given them the satisfaction of catchli me. The Japanese had an Ironclad agrc ment In which 'no quarter to foreign doc was very conspicuous , and they meant When we went Into the big battle of Yalu made all preparations to Keep out of t hands ot the Japanese In case wo should g the worst of It. Yee , to be plain , I wou have killed myself before being taken f torture by the Japanese. "Now that the war U over I want to s right her ; that there Is a blot on the pi vlous fair fame of Japan which will never effaced. Without one word of warning , I fore war had been declared , their flt pounced down on the defenseless Kow Shi and sent lur with 10,000 souls to the b < tern. U was ona of the most cold blood crimes In the history of the world , " OLAOsTONK 111. AM US TIIU SUI.TAV. Turkish noverniuont llrhnvlncVorio AriuenU 1 li.m It Did In Hiilcarlu. LONDON , May 6. nt. Hon. William Gladstone. In a letter to Mr. Francis Seymo Stevenson , chairman of the Anglo-Armenl ; association , rays that the conduct of t sultan and the Turkish government In t Armenian question has been wor.'e than tin conduct regarding Bulgaria In 1870 , I ' Johu llurni Tola to Go Home. LONDON , May 6. John Burns , the mei ber of Parliament and labor leader. In t course of hla speech at the Labor day demo ctratlon In Hdo park vvai greeted wl groans and cries ot "Why did not you su port Kelr lUrdle ? " "Traltcrt" etc. Replying to thla outburit of dlsapprov Mr , Burns ld : "U you don't want to he me I will go home. " Thli was followed by cries ot "Go ho mi ure n ° 7O/IT/.VO HAH HKUVH IX MCAllAtlVA Irltlih Have I.cft , lint Outbrcuk * Agnlnut /clin Itnvo Occurritl , TEGUCIGALPA , Honduras , May 0. ( Special o the New York World. ) Fighting has be gun In Granada , Nicaragua. Disorder Is re ported from Leon also. Word ccmes from here that the followers of Ortiz , Cercula nnd Mnchcrro have united to make war on Zolaya. The Hondurean troops concentrated at Cape iracias will remain there , ns It Is feared hat the threatened outbreak on the Mosquito reservation may extend here. The troops at Amalpa will be distributed along the coast. General Bonllla will take 6,000 and go to 'resident Zclaya's aid If requested. The evacuation of Corlnto nnd the sailing of the British ships Is announced. WASHINGTON , May 0 Acting Secretary Jhl has received a cablegram from United States Minister Baker at Cuesta Mara , Costa Illca , dated yesterday , announcing that the Drltlsh forces at Corlnto were to evacuate ho town yesterday. No reference Is made he dispatch to the prospects ot a revolu tion breaking out In Nicaragua as a consequence quence ot the concessions made to th ? Brit ish by the government. Dr. Guzman , Nlcaraguan minister , had not jecn advised up to 2 o'clock of the reported revolution In Nlcarngun. He has expected the sailing of the British fleet would have a quieting effect on publ'c ' sentiment. This expectation was strengthened when word cnmo that Vice Admiral Stephenson fired a salute to the Nlcaraguan flag when It was ngnln hoisted over Corinto yesterday. This courtesy was regarded as doing much to heal the wounds made by the Incident. Dr Oilman's last ofllc'al cable said simply : "Ships sailed. " In other quarters the fact that the revolu tion Is along the east shore Is regarded as significant This Is in the Mosquito region , In which British influence has long been dom inant , and which has recently been created a state , under the name of Zelaya. It has boon apprehended by Central American diplo mats that If the Mosquito natives made trouble It would afford opportunities for further British intervention One of the best posted diplomats from that section says he considers It Incvltiblc that the Mosquito na tives will rebel and attempt tec restore Chief Clarence to the throne. This would be o denial of Nicaragua's sovereignty over the new state of 7el.iya , nnd In the Judgment ol this diplomat Great Britain would support Clarance. _ _ _ _ _ _ _ _ IIAHUN If AM 1 i lll.li.NIS HIMSKLt Itoinl iho Cnrrmpoiulpnco llrtivcen Illmsrll IIIK ! ( mint KiilnnM. BUDA PESTHI. Mny C The lower house ol the Hungarian Diet was crowded today In an ticipation of an explanation from the premier , Baron Banffy , regarding the trouble In the Imperial foreign ofllco growing out of Baron Ilanffy's statement that the Imperial govern ment held that the Vatican's Influence Ir state matters should be exerted only througli the prime minister , and the retort upon the part of the foreign ofllce that this statemenl was due to the prime minister's Ignorance of diplomat c usages. The affair grow out ol the utterances of the papal nuncio , M. Agll- anil , against the ecclesiastical laws. Baron Banffy read the notes exchanged be tween himself and Count Kalnoky , the Im perial minister for foreign affairs , showing apparently that they agred completely upoi the matter In question. The baron wrote asking Kalnok > 's opinion rcgnrd'ng ' Mgr Agllardl's visit to dlflerfnt Hungarian towns and the Imperial foreign minister replied hi considered the papal nunc o's journey inop portune , adding that if Hungary was deslr ous of so doing , he , the minister of fore'gr ' affairs , was ready to lodge a complain against him In the Vatican. The reading of these notes caused a great Interest In the house. The baron then con tended the government would not allow th < holy pee to Interfere In the Internal affair ! of Hungary. Finally the house unanimous ! ] adopted a motion noting the premier's state ment. The incident It now regarded a : closed. _ _ _ _ _ _ _ _ _ _ Cumuli llnil .Not AitUcil fur u < onfcrrnco LONDON , Mny C The parliamentary s-ec retaiy to the colonial olllce , Mr. Sydnc ; Burton , In the HOUQC of Commons thl uftci noon , repljlng to n question on thf suli tct , said thut no request had been lecelvec rom Cunnd.i to cu'l a conference of th' ' llffiieiit HiltMi colonies In order to discin IIP details of lading the proposed Paclll cable. Kmpprnr Itr-fntril KulnokItrslzn itlon VIENNA , May C Emperor Francis Josep ] ms sent n gracious autograph letter t Jon nt KulnoUv declining to ace pt UIP lit : cr's resignation as imperial ii.nrstcr fo foreign uffalta. u.utr ui.i.h * J.K.IA/J j.v .1 .N.KH nun Ucmnnttr iica In Court , thut bho U i llypimlUt. KANSAS CITY , May 6. A special to th Journal from Topekn , Kan , says : Mrs Mary E. Lense , orator and politician , has u : sumed a new role She. Is a hjpnotlst , Irst-class ono at that , as shown by an cxhl jltlon given by hoi here today during th progress of the Investlgat.on now proceedln against certain officers of the state Insnn atl > um. During the proceedings she , witli out nnnounclng her purpose , walked ncros the committee room to where J. L Flint , a attendant at the asylum , was sitting , and re marked , with a pass of her hand before hi eyes : "Mr. Flint , you look weary ; our test mony must have have been trying on you Mr. Flint attempted to disclaim any wean ness , but Mrs Lease made another pass c her hands and Flint went "dead asleep. " "Mr. Flint , " said Mrs. Lease , "did yo read the report of your testimony in th Capital ? " "No " Slid Flint , "I did not. " "Well , you dul not testify to any sue th ngs as the Capital cnld > on did , d.il you"1 ( handing him a sheet of writing paper cor talnlng only n list of names ) . "No , that's all wrong ; I didn't testify I nnyth'ng ' of that kind. The Capital has g ( It all ml\ed up. " "Sec , " said Mrs. Lease , "how stiff yoi arm Is getting " Flint's arm drew up an bccimo as tlgld as a tent pole. "And yoi limbs , too , " said the Wichita woman , an straightway ono of his legs was stlffer tha It really ought to be. For ten or fifteen minutes Mrs Lea : played with her subject She made him i all sorts of things , ridiculous and otherwls and finally brought him out of his tram with a few passes of her hands. As Mrs. Lease proceeded with her art tl committee nnd witnesses looked on duml founded and only regained tholr composui when she laughingly declared the perforn a nee over with for the day. nUltllAXT 13 TO UK TlllEIt IX JVL Mute Inclined tn ( live Him Plenty of Tin SAX FRANCISCO , May C.-Theodo Durrnnt will sp nd seveiul quiet v\eeks the county Jail before lip Is placed on trl for his life for the murder of Bluncl Lnmout nnd Minnie Williams. The poll will not hurry him to trlil , desiring to iri < him abundant time to prepare for his d fen > .c. The cnsa will , therefore , not 1 called until July Chief of Detectives Le Ralil today that the case of the prosecutli Is complcto and ready for trial at ur time The police nre < Usatl n ° d with tl evidence of Organist King , vtho , In an e fort to shield Durrnnt. stated nt the pr llmitinry cxuinlrntlon that he detected tl odor of escaping pas in the church ( May 3 , although this statement is conlr dieted bthe janitor nnd two plumbei Threatening letters have b en received I the i-chool girls who Identified Durrani ; Blanche lament's escort from school < the clay of htr disappearance. The cli have been warned thut If they testl against Durrnnt they will receive ph > slc violence. ilno IturrU Will I'o llaiigjil. ST. JOSEPH , May 6. Governor Stone h refused to commute the sentence ot J Burrli , sentenced to death for assault , ai ho will be hanged Saturday. Burrls has bei twice reprieved. He was placed In tbe mu derer's cell this morning and searched f means by which he could take hla own life. . Appointed to I lie Nnv.U Acatlomr. r WASHINGTON , May 6. Tin secretary the navy has appointed Herbert Howard Port Huron , Mich. , a cadet at the nay academy. REHEARING THE INCOME TAX Full Bench in the Suprem3 Oouri Takes the Matter Up. FIVE HOURS TO A SIDE FOR ARGUMENT W. I > . Outlirlc , In Opening ( or the Appcl- liuilK , Mntei Olio Itrunun for the Kchcnrlng'Vn the Jinny PuluU I.ofi Umlecltlctl. WASHINGTON' , May C The supreme court , with Its -full membership of nine Jus tices on the bench { or the first tltno In many months , began the hearing today oi the Income tax suits. Justice Jackson ol Tennessee , who has been absent from Wash ington the greater part of the past year seeking restoration to health , took his seal \\Ith extraordinary Interest attached to hi ! presence , slnco he assumes practically th : position of umpire upon the vital question of the principle on which the law Is bisad , which divides the other Justices Into equal factions , Justice Jackson did not appeal to b- feeble , but It was plainly evident that he was far from being a well man and thai only by a strong effort could he sit through out the hearing. Most conspicuous amonj the spectators In court were Postmaster Gen eral Wilson , the chairman of the wajs ant means committee that framed the tariff act Representative McMIHIn ot Tennessee , chair man of the subcommittee which drafted th < Income tax provisions , and ex-Speaker Crl ? { of the house. The attendance of lawyers and others having an unofllclal Interest Ir the mittir was noticeably smaller than a' ' the first argument of the la\\ , and after th < usual contingent of casual tourists had satis fled their curiosity to obtain a sight ot thi prominent men the court room was no crowded. But two arguments are to be mad < for each side by Attorney General Olnej and Assl'tant Attorney General Whitney foi the government and by W. D Guthrle am Joseph H. Choate for the appellants , wlu are Messrs. H > de and Pollock. Today Mr Guthrie delivered his speech and Mr. Whit ney began his , which ho will finish tomor row. As the time assign d Is fhc hours ti each side , the arguments will bo closet Wednesday afternoon. Before Mr Guthrle began , the chief jus tic3 , after calling the case , stated that li response to the suggestion of the attorney general , which the court Interpreted as vlr tually a motion for a rehearing , the cour had decided to permit counsel to go Into al the questions Involved. Ho said the rehear ng had be = n dependent upon the presenci f Justice JackEon , which had now been hap ) lly realized. The court had found It neces ary to limit the argument to two counsel ; n each side , but It was for counsel to sa ; ihat time they would require. Thereupoi .Ir . Choate and Attorney General Olney , afte onsiiltatlon , announced that live hours oi ach side would bo sufllrient , and this tlmi as granted. Judge Wilson was also per nltted , on behalf ot John ( jooai , to flic i lef In the present case. MANY POINTS UNDECIDED. Mr. Guthrie began by saying that counse or the appellants In the cases had been ub ectcd to considerable criticism for their mo Ion for a rehearing , but they had felt justl lei In the realization of the fact that ther \cro many points still undecided in the Una nd definite adjudication of what the cntin ountry was vitally interested In , and he as ureil all concerned that the counsel for tli appellants In the present case would arpnn t In a spirit of the highest patriotism am vlth no desire for mere self-aggrandlzcmcnl lo said the question involved was a con "tltutlonal one , and ad Jed1 "Tho constltu Ion Is the political crcfd of the nation whlcl nust control and rule our destinies , and In cfar as this c1 t'rt shall preserve It Intacl iccordlng to Its letter and Its spirit , or per mil the darkness of error to affront Its lighi ro will our future show progress or decline inpplnesa or misery , glory or shame. I ho court cheese between the statute and th constitution , between a decision and the splrl of the constitution , between an obiter dlctut and the plain words of the constitution , Is 1 lot then an essence of Judicial duty to decld 'ormally , disregarding statute , decision c dictum9 There can be no la' ' nconaUtent with the fundamental lav and a ccntur > of error cannot ovei rule the constitution. The question Is not t bo determined by considerations of present c > pedlency or practicability or hardship , bi iccordlng to the lights , the purposes , the Ir .entloii of the framers , and as they Intendc : lie constitution to operate to must we er force It today. " "The people are not to be deprived ot Ir herlteJ rights , such as are cmbedde In on constltu Ion , by mere precedent or the techn cal application ot the rule of stare dcclsls , lie asserted. HILTON CASE CAUSED THE TROUBLI The point of contention , said Mr. Guthrli was that the authorities establish the princ pie that taxation on the Income of one clas of property Is as objectionable as upon ar other. He charged the Hilton case with beln the solo cause of all the error In this mai ter. It was , he said , a political case , I which the administration of Washington vw pitted against the anti-federalists , and a eas In which the local prejudice cut an Importar figure. Ho controverted the opinion that tl decision In the Hilton case had decided th : only the capitation tax and the land tax wei direct taxes , and risked If this was to , wh was II congress In 170G , less than thirty daj after the dtcislon was rendered , had It structed the secretary of the treasury I resolution to report a plan for laying direi taxes by apportionment ? Mr. Guthrle then presented at some lengt the contention that , a. It was clearly the ii tentlon of congress to have the law act as whole upon the Incomes , the provisions whte arc unquestionably void Invalidate the who act. The law , ho said , expressly includi rents and other Income from land and pc sonal property , and Its general languag co < frs also Income from municipal bonds Tl govctnmcnt has Insl-ted that It was not on ! the Intention , but within the power ot coi gress to tax the Income from municipal bend The object of the act Is single and entlr that Is to say , the taxation of Incomes fn. : all t > ources. In order to preserve the prov slons now remaining the court must strll out words actually used , tuch as rents , 1 come and product of land He declared tl act should be sent back to congress , becau It Is arbitrary and unjust , and in violation the express provisions of the constitution. EXEMPTIONS AND LIMITATIONS. He then took up the question of exem tlons and limitations , repeating much of tl argument advanced nt the first bearing , ai asked the court to declare the whole act u constitutional , because of the exemption Kepi } Ing to the suggestion of Attorney Ge eral Olney that In the light of the recent d cislon the government should refund tl money collected under former Income t ; laws , Mr Guthrle said : "The people of tl United States gladly paid the Income tax defray the expenses of the war , and wou make similar sacrifices today If It we necessary. Congress has not returned tl cotton tax , although It was clearly section : partial and unfair. Has It ever been a vanced as a principle of justice and morall that If you decide a certain interpretation the customs laws has been erroneous eve man who had paid without protest Is enl tied to have his duties refunded ? " Mr Guthrle concluded at 3 o'clock , and w followed by Aislstant Attorney General Whi ney , on behalf ot the government. Mr. Wh ! ney complained ot the brief time given f preparing for the rehearing. He said the go eminent would not again present any arg ment on the question of municipal bom ! He did not suppose any tax law had ev been enacted which made express mention all possible exemptions. It such a reqult ment were to be applied there would be ve few valid laws. As to the question of t exemptions ot rentals of real estate , th was different. The government had hop this question could bo so presented as obtain a reversal ot the former opinion. 1 cpnlended that the bills Id these cases aeX or no special relief In cases ot rentals. Ho nnounced that the historical and definitive rgument would be handed to the court In he shape of a brief , SOME ANCIENT PRECEDENTS. Mr , Whitney said the r.ppelf nt relied principally on the system ot'iecanomlcs of ohn Stuart Mill , which had not come Intc xlstcnce at the time the constitution was dopted , and ho contended the distinction letween direct and Indirect taxes was RC bstruse tha * It was noti possible to Incor- lorate it In a written'constitution. Mr , Whitney , In criticising the opposition foi going so far back Into history for prece- lents. said he had not Intended to go bacli urther than 16S9 , but as the appellant ! tad gone to 1160 ho would himself glv < ; ome precedents of that date "Can't you , " asked the- chief Juntlce In ; one which appeared to contain a spirit o ! janter , "go back further than that ? " "I might , " replied Mr. Whitney , "but ! should not tax the patience of the court ti ; hat extent but for the precedent of in ] earned friends on the other side. " lie said he would agree to stop short o 1180 It Mr. Choate woulij , whereupon Mr yhoatc assured Mr Whitney and the cour hat he would stop several centuries short o that date. Mr. Whitney referred at some length tc the distinctions between the words tax am luty In English legislation. He said thl distinction had been very sharp and the wo-i tax had been applied only where the wore duty could not be made to cover the case " " frameri of the constl If , said he , "tho tutlon were acquainted with Dlackstone the ; were familiar with the English classlflca tlon. " A peculiarity of the English systeiii sine * 1CS9 was that everything called a tax wa ; ilil by the rule of apportionment , vvherea cverj thing called a duty was laid by th rule of uniformity. The thorough understand ng cf these principles by the democrats o the convention explained the apparent hcl of Interest In the discussion of the dlstlnc Lion In these matters. The Important qups tlon with them appeared to bs that of th- [ iroper distribution cf the taxes to b ? mid according to apportionment. Ho contends , that the direct taxes were traceable to th English land taxes , and It was Impossible t levy such a tax except by apportionment The system of apportionment among coun tries was the same In this country as In th early days of England. At this point Mr. Whitney was Interrupts by the adjournment of the court for the diy MAUTIAL LAW CONSTITUTIONALITY Most Interesting of the. several cases dc elded by the supreme court today was tlu of David II. Sajre , formerly a clerk to th pa > master at the Norfolk Navy yard , agalns Captain L. M Johnson of the navy In No vember , 1891 , Sajre was sentenced b ; court-martial to two years Imprisonment I a naval prison for misappropriating abou $2,000 of governnunt money. Sayre ap pealed to the United States superior court c the eastern district of Virginia on th ground that his sentence was contrary t the constitutional provision that citlzsn slnll not be deprived of llb'rty except b due process of law and Upon a presentmen or Indictment by a grand jury. Judge Hughes of the circuit court grante the writ of habeas corpus en the groun mentioned , but the supreme court tojay re versed his ruling. Judga Hughes had hel that Sajre's conviction could not be sm tallied by that clause of the constitution ex ceptlng "cases arising In the land or nav ; forces , or In the militia v > hn In actu : service In time of war or public danger , because the country was not then In wa or danger. Justice Gray , who delivered th opinion of the court , said that the opposll construction had alwdys Jjren presumec These citizens In the qnay and navy wei In the actual service of tile United St4fs { o all times whether In war or peace , and tli n Hilary alld naval authorities had jurUdh tlon and custody of their persons. The principle Involved In ihc case Is cor sldered of vital Interest to officers of tli army and nivy. Before Judge Hughes rei dercd his opinion the powtr of court-marllal to Imprison had been seldom questioned an had the supreme court sustained him tr custom of th& army and navy authority would have been overturn.d. In the case of the corporat'on ' of the Iloma Catholic blihops of Nozqually In Washlngto territory vs John T. Gibson , I ! T. Yeatma and the United States the decision of th United States court for the district of Wasl Ington was alllrmed. SOUTH DAKO1A l.OSt.S TI1C CAS Secretary Smith llcclilot the S'uto Cnnno Unto Ytnkto.i I. mill * u * In tcmulty. WASHINGTON , May 6 ( Special Teli gram ) Secretary Hol Smith today rei dered a decision adverse to the state of Soul Dakota's claim to select "school Indemnll land ? In Yankton Sioux reservation. In consequence of tli ? decision School Con mlssloner Lockhart ; and Attorney Gener Miller , who represented the state , will prol ably bring suit against the Secretary to con pel him to allow of selections b Ing mat and to Issue patents to the state. This w : the determination expressed by those gei tlemen before they 1-ft the city. It Is pro ] able , therefore , that proceedings will bo b gun Immediately upon receipt of the decislc by thes ? officers. There are two methods of procedure opt to the state. First , It can apply to tl courts to compel the secretary to rccognl ; selections filed in b'half of tha state , Chamberlain , and , second , to ask the Unlt < States district court ot South Dakota to e : Join local officers from permitting settlers file upon selections made by the state peni Ing judicial dclslon upon the question controversy. It Is probable that the president's procl matlon will be issued tomorrow , Iloynolil'n rnnntrurtt > n Mnro I.lbonl , WASHINGTON , May d-ThJ action . the pension bureau In construing the leg meaning of dependence Under the net i June 27. 1899 , has been reversed by A f-lstnnt Secretary of the Interior Revnold In a decision on n dependent mother's can The ruling provides where the propsrty po ces ed by n mother , having no other meai of Mipport , Is so small that It will not yle nn Income sulll > lpnt to support her durli her life It should not deprive her of tl right to a pension. My "adequate means support , " the law Is Interpreted to met not merely enough tp Supply the nece paries of life for a limited pTlod of yeat but a comfortable maintenance of the pe Bloner during1 the remaining years of h life. _ t Now I'nnrtli Clam I'oftniKiiU'r * . WASHINGTON , May t ( Special Tel gram ) Postmasters.w ra appointed ted ; as follows NebraBkaSaltlllo , Lancast county , M V Thomp'soh. vice Henrv Hnj man , resigned. Iowa Hobirt , Kossu county , John Grove , vice J II. rook , r moved ; Peterson , flny ccmnty W W. 1 Witt vice Grace Kennedy , removed. Sou Dakota Meckllng , clay county , lav West , vlco C N. Taylor , resigned. Another I'enMnn WASHINGTON , Mny C.-SpeclaI ( Tel * gram ) Dr. Albert R. Mitchell was n : pointed an examining surgeon for the po J slon bureau nt Lincoln , J eli , and Dr. W. 1 Edgerton nt Salem , S. T > . ' ' Q Admiral Aliny lT > np0ri < n < ly III. WASHINGTON. May , 6. Rear Admlr Almy , United States navy , retired. Is ve 111 , and In view of his advanced age ) family and friends nre seriously alarm over his condition. TA YLOH'lt JIKOTllEH-lb.T.A ir. Charged with AlillnR Fontli JJnUotr Treasurer to Ktctipr. CHICAGO , May 6. TJie arrest of H ; Benedict , brother-ln-Iavv of W. W. Tayli the defaulting state treasurer of South C kota , took place In Chicago at the Lla hotel. Plnkerton detectives say that It li b'en definitely learned that Dencdlct assist Taylor to escape. A man wag tfnt Springfield , III. , lor requisition pap frs a as soon an he returned Uc-cedict wai . plac under arrest and Immediately taken a boa the train fcr South Dakctj , Th ( act of t arrest was kept secret un.ll after he w on the train- RAIN BUNCHED ITS HITS Omaha Visited by the Heavlot Hail Storm in Thirteen Years. tCOKEDLIKE A SHOWER CF SNOWBALLS .Much Dninngo Done to Hoof and Smith Trout Glim Tree * llnuhcil of Tliolr lie- crntly At'iUlroil | Orccn llornts Drhcn Jnlo Stoics fur Shelter. Not elnco 1SS2 has Omaha been visited by so severe a , hall storm as that which pre vailed from 5.15 to D.45 jcstcrday afternoon. Heavy clouds borne by a cool wind came up from the southeast , and , after dropping rain for a few minutes , the black sky began to throw down the ice. It cnmo In three showers , with short Intermissions , the stones gutting heavier all the white , the larger one. ) falling at the last. The largest ones weru as big as large sized hen's eggs , while the fall of those of the size ot walnuts was gen eral. eral.The The bombardment of roofs was terrific , but because the wind was not strong the cast and south sides of buildings , save In the southern part of the city , were comparatively rco from harm. Skylights In every place uffered seriously , though In every Instance he destruction was only partial. The sky- Ight over the wide court of the Bee build- ng was punctured In nine places ? . Those In he city hall , library building , Barker hotel , IlllarJ hotel and other buildings were slinl- arly broken. GREENHOUSES CAUGHT IT WORST. About hnlf the glass In all the greenhouses i the i nth of the storm was shattered. The irunt of the storm passed over the eastern nd middle portion of the city from south to north. Hnll fell as far west : u Fortieth treet , but west of Thirtieth the fall was like hat of only a common hall storm. The southern part of the city fared worst n a district bounded by Vinton on the outh , Farnam on the north and Twenty- ourth on the west considerable w recking ol vlnJow glass was done. On Leavenworth trect , from Sixteenth to Twenty-fourth , al- nest nil glass was shattered. But two panes vcro left In the south side of the Leaven- vorth school , while In the Mason school wenty-clght panes were broken. All build- ng3 In the district describe. ! suffered siml- arly , though not so severely. All the larger lotels lost windows GLASS SPARED NOWHERE. Windows on the south side of All Saints' : hurch were generally broken and several In ho front of the Central United Presbyterian ihurch were knocked out. Many ot the electric light street globes In ho main pait of the city that were not cov ered with hoods were sent In pieces to the ground , and In the path of the storm all lass on the south sUc ot gas and gasoline amps went out. While the storm was severe In Hanscom 'laco , no serious damage was done. Few vlndows were broken In that part of the city et there was a prolonged bombardment and rult trees suffered some Injury. The streets vere strewn with leaves that had beet : snipped from the trees , while drifts of hal atones lodged rgalnst the curbstones , when hey lay for hours after the storm bad sub. sided. The large city green houses at Hanscorr park suffered severely. Probably one-third c. ho glass was broken. Fortunately , the thou sands of blooming plants ready to be trans erred to the o.ien air were uninjured , It would have seemed much like autumi f nil the leaves driven to the ground am sidewalks hid been brown Instead of green though except In the southern part of tin city iho foliage lost was not noticeable It "ooklng at the boughs. SHELTER FOR MEN AND HORSES. People on the streets easily found shclte : [ rom the cruel pultlnt , , but It was a ban matter to gel horses under cover. Hundred of them were unhitched and driven onto tin sidewalks nnd Into the doors of ttores am ofllce buildings. Runaways were reported from all parts o the city , but so far as has been learned m parties were Injured. Perhaps the heaviest damage was dene ti the vegetation In the path of the stcrm Where the heaviest hall fell the streets am sidewalks were covered with a thick carpet o leaves that were cut from the limbs of th trees as clean ! } ns If made with a knife li one place southeast of the depot branchc fully an Inch in thickness were cut from th trees. Garden plats In all parts of the clt ; were more or less damaged , but the los was heaviest In the southern nnd casteri parts. Young plants and fruit trees wer greatly Injured. In a yard on Lake street al the blossoms on a small orchard c cherry trees were cut off. On South Twenty eighth street a property owner picked up handful of debris and counted out thirty-si bunches of young grapes. BRUNT ON SOUTH STREETS. A walk along Leavenworth , South Six tcenth. Thirteenth and Tenth streets pro scnted a scene of desolation. The btrccts an walks were covered with leaves and branches almost every window on the north and wcs sides of the streets was broken. Almos every pane was shattered In the wooden flat on the south side ot Leavenworth betwec Twenty-second nnd Twenty-third streets. Be twecn Leavenworth street and the Union Pa clfic tracks the damage was as great 0 Mason street , near Twenty-third , the shingle were torn off the roofs of two houses and th roofs themselves perforated by the hal stones. The houses nnd buildings on the west sld of Sixteenth street \scre as badly used up a those on Leavenworth. Trees were stilppe and panes of glass were shattered all alon the street. In some cases the awnings abov stores were torn Into shreds. Every wlndoi In a flat between Vinton nnd Castellar Etreat was shattered. The Castellar Presbytcrla church , at Sixteenth and Castellar street ! and the Catholic church ut Seventeenth an Center streets have not a whole window pan on the east side. Every light and severe sashes In Hass' hot house on Eighteenth nil Elm streets were destroyed and the plants Ir jured. The same fate overtook a grecnhous on Frederick street , between Fourteenth an Fifteenth streets. Paxton & Vlerllng's nc' ' building at Seventeenth and the rallroa tracks , which Is constructed largely of Ire nnd glass , had a decidedly deserted nppeai auce , as almost every pane of glass In th building Is broken. f South Thirteenth street , between Paclfl r and Vinton streets , presented much the sain appearance. It Is reported that at the soul end ot the street roofs of sheds were poi forated by the Ice bullets. At the Natloni hall , Thirteenth and Williams streets , i : small panes of glass were broken. Aero : the street a little to the Eouth a phi tographcr's gallery appears to have gor through a small-sized cyclone. Every wh dow Is gene and the roof Is caved In. Sorr distance north of Williams the windows In basement occupied by a family were brokei and after the storm the members spent sci er.il hours in shovelling out the Ice , wati and dirt that had entered. The premises i John Rush , at Fourteenth and Martha street also suffered considerably. Windows wei broken In almost every building on the we : lde of the street , and grass , plants and trci were greatly Injured. TJio beautiful lawns that border both sldi of Tenth street , south of Pacific street , su fered severely. Many of the young trci along iho walks and In the yards wereah damaged The glass In the green houre c Kountze's property , on the east side of tl street , were broken and many ot the plan destroyed. The leaves on several fine cei tury plants on Bishop Worthlngton'n prernlv were torn Into shreds , and the plants Inju i Many windows In tbe fine re Idences ale g 1 ( street were shattered. A large number o the panes In Brownel ! Halt and Mathl ; chapel , beside It , were also broken , IN TUB CITY'S CENTER. In the center of the city there were vei few large buildings that escaped darnug In many cases a single round hole was mai as U by a cannon ball. Thebulldlogt ID t ! wholesale district , especially that of King- man & Co. , Ninth and Pacific , In which al most every pane was broken , suffered much Other buildings were used as badly. Slate shingles were torn from the * roof of the Mer chants National bank building. The tin roof of the power house nt Twenty- second nnd Nicholas streets was perforated In many places , and the rooms on the second floor were flooded. The glass roof over the engines was also broken , nnd this necessitated the shutting down of the generators for fif teen or twenty minutes , until canvas could be put up During that time the linen that gel their power from the house , the Sixteenth street line nnd Dodge street line and the Sherman avenue line , were shut down. The street cars al'o suffered somewhat from the jtorm. Many of the windows were broken During tlio height ot the storm two trains were on Vinton street , between Sixteenth and Twentieth , nnd every window In the CATS was broken Sonic personal Injuries occurred. Mrs. Cos ters , who lives near Eleventh and Center streets , sustained an ugly gash In the held from one of the stones and was knocked senseless. M. Donovan , on South Thirteenth street , went out to shut n shutter , and was knocked down by a stone. An unknown man was' struck on the back of the neck nt Twelfth nnd Farnam nnd knocked down. A laborer , who was working on Corby street , was also knocked down. L. Llckworth , while on the street , near Thirteenth nnd Vinton streets , was struck on a finger and sustained n sprain. William M. White , a grocer at 2103 Leavenworth street , while trjlng to take care of a horse , was struck on the hand nnd received a cut three Inches In length. Damage was chiefly to glass and must be roughly guessed at , but must bo expressed by thousands of dollars. MKV SI.VI.KU NI\K Much Properly Destroyed mill Stock In- J n rod l > y Hull Molu-t. ASHLAND. Neb. , May C. ( Special ) "anners coming to this city fiom the bouth- vest bring reports of n hcnvy hall storm nnd vntcr spout which occurred yesterday nflcr- loon nt nbout 2 o'clock. It nppears the term started nbout flve miles west nnd three iilles south of this city , and coursed north- vest for nearly fifteen miles , the track rnng- ng from one to five miles In width. The nmnge done Is principally to the crops nnd rult , nnd they both are entirely gene In omo places , while others escaped with n light less. In the worst parts of the trick the hall tones were as large ns gocbo eggs , nnd wrecked windmills nnd mashed windows , be- Idcs ruining the roofs on a number of houses Stock that happened to be out In pastures jame up with their backs nil bruised nnd jenten , and In some cases the hide broken , ut ns yet no life has been reported lost The rain fell In torrents for some time , vhlch raised all the creeks lending to the latte river out of their banks In less than nn lour. Salt creek , at this city , raised three eet In less thnn forty-five minutes , nnd was icarly over her banks nil night , for the first line In three years Nenrly nil the bridges were swept out that spin the creeks which drain the territory .Iblteil . by the storm , cutting off the posslbll- ty of getting a detail report to this , city overland. Late reports from the hall storm dcstrlct how the damage to be pricipaliy to the crops ) ne person Is reported Injured. H appears 10 was caught In the field nnd was knocked n cnslblc nnd was unable to reach home till ate , In a feeble condition. Various reports show the stock loss to amount to some ten load of cattle , nearly 100 hogs nnd a few A reservoir on the farm of W. J. Bryan , \cst cf the city , which covered Eome twentj icies about ten feet deep , washed out and caused considerable damage to fence rldgei nnd corn cribs which It could rcacht At j m. today the hall lay two feet deep It ilaces , where It had drifted. The center ol .he stricken district showed over five Inches of water to have fallen. The Ice pond al Swift and Company's Ice plant was rnlsei over five feet , the highest It has ever been. BEATRICE , Mny 0 ( Special Telcgram- ) Thls section ot Nebraska is no longer suffer , ng for rain , there being a copious downpoui Friday , another Sunday afternoon , nnd nn. other this nftcrnoon The ground Is thor oughly soaked. The oats and wheat nn looking flue unJ everjbody Is happy over tin crop prospect LYONS , Neb , Mny 0. ( Special ) Goo > rains have fallen almost eveiy day In thh ccttnty for the past week. Rabbits can hide In the grain fields am corn Is up In many places. A few farmer : began to cultivate their corn last week , tin enrllott cultivation for many jcars. Several thousand head of cattle have beei put on the rcseivatlons. Fruits ot all kinds promise to bo ai abundant crop. A few weeks more of rain and Biinsliln and hay will bo cut In the Logan valley. BUTTE. Neb . May C ( Special Telegram A copious Bhowcr fell throughout thl county this afternoon , Infusing new life Int growing crops. HAH. UAMAOUU KIllHT AND CKOI'I Wlnoniln anil KIIIMII VMtrd by Deatruci tlvi storms. STEVEN'S POINT , WIs. , May C. A cyclon passed over the southern part of town thl morning' . A huge rolling column of sand dust and debils settled down over the clt ; just cast of the Central shops nnd swcp nlong for about a mile , tearing up trees nn overturning outbuildings. The wind was fo ! lowed by a heavy rainfall. This nftcrnooi the city was again visited by n heavy rail storm. Two or three Inches of rain has fallc In ns many hours. MUKWANAGO , WIs. . May C. The Btorn last night was unprecedented In this scctloi of the country. One thousand lights wer broken by hall In the village. Residents o the town of Vernon report all crops cut t the ground. Fruit trees v > ere in blossom an are now ruined Hall ttones ono and one half Inches In diameter vvcro picked up afte the storm. Tliero weio 103 window light broken In the rcdlcr mill. EMPORIA. Kan . May C A tcirlfic fall c hall occurred here this cven'ng ' , which 1m probably Injured the fruit crop considerably But llltle wind accompanied the hal ) . Tli hcav est rain of the season followed , whlc was much needed. Crops In general will b greatly Improved. Tim r.lcctlcin Ilovr in a fnlornilo TOITII Itciult In li Trlplo Trnccdy. DENVER. Cole , May C A special to th Republican from Comt > , Colo. , says : At th Tarrynll district school house , nine- mile cast of Como , Benjamin RatllfTo today slu and killed Samuel Taylor , L. F. McCurd and GeorgeD. . Wyatt , constituting the schoi board and who were actingas Judges at tli annual school election. Wyatt , who survive four hours , cald RatllfTe opened a dlscui slon over text books for the district and the he accused the board of slandering him an his family. RatllfTo accidentally fired hi rifle , the ball entering the floor at Taylor foot , doing no damage. During the oxcltln discussion following Ratllffe took aim ; Taylor and flrcd , Taylor dying1 Instantl' ' Ratliffo then shot McCurdy , striking him I the back and causing Instant death. II then shot Wyatt In the back. Ratliffe BU rend red to Deputy Sheriff Link nt Com He eajs lie did his best and what he thougl was justifiable homicide. The dead men ai among the most highly respected cltlzer of Park county. Itatllffe Is CD years of aj and an Invalid. \Vlfo of l.rillc Stephen Head. LONDON. May C The wife of Lesl Stephen , M. A . the author of tbo "Dlctlonai of National Biography , " li dead. Movement * of Ucciin Mcmncr * , Jllny ( I , At New York Arrived Steamer Zaandan from Amsterdam ; Normandle , from Havre. At Southampton Arrived Fulda , from Ne York for Bremen. At Movllle Arrived Numldlan , from Per land , via Halifax , for Liverpool. At Liverpool Arrived Sachem , from Bo ton. ton.At At Ulargovs Arrived Hibernian , from Bo ton. BRITISH INFLUENCE ACTIVE Holding Out Hopes of the Restoration oi Royalty to the Uawaiians. RUMORS OF IMP.NDIfG REVOLUTION RIFE Government Taking Strp In Prevent t 1'iirther Inlliiz of iliiimnrir Muldnc Inducement * for IlnroniMiu to Settle In the Islnndi. SAN FRANCISCO , Mny C. Advices by the steamer Gaelic , from Honolulu , April 29 , are : Minister Hatch has received n communica tion from Secretary Greslnm , through. United States Minister Willis , m regard to naturalized Hawnllnns appljlng for protec tion of the United States The communication deals entirely with the case of J F Howler , who called on the United Stntcs to Interfere * In his behalf. Bowler was convlctod on n. charge of mlsprlslon of troneon In connection with the recent rcbcll on. Mr Gresham states the United Stntes Government cannot Inter fere , nnd giving reasons , calls attention to the fact that Bowler lias taken the oath oC allegiance required for becoming n natural- Ircd citizen of Hnwnll. Evidence Is nt hnnd that shows that Brit ish Influence Is nt work In Hawaii. The nn- tlvcs arc In n state of expectancy and word has been pasted quietly among thsm that within a short time restoration would be n. fact. Bishop Willis , the head ot the English , church In the country , Is t-ald to bo the maiv who Is going among the unlives with the Information British Consul Ilnws Is nlso. mentioned In this connection. New hope oiv the part of the natives has given the annexa tion move another setback. The government hna received no news fron > Secretary Gresham about Minister Tlmrston'a allc-ged recall Rumors of an Impending revolution are still rife nnd the stories are of such a nature ; that no little alarm is felt in government circles. Information comes from the Island of Hawaii to the cITcct Hint the resldenta arc contemplating sccess on from the group , claiming as.n reason for the step that they do not receive their Ghnio of mono } for pub lic Improvements. The Hawaiian govcinmcnt Is now putting ? Into effect measures to equalize and perhaps : change altogether the Immigration scheme. A limited number of Chlne-se Held laborers nra to be brought In , under restrictions , by au thority of the net of 1892. For the present lie bonrd of Immigration will refuse nil np- illcatlons for further Importations of Jap- .ncso contract laborers. It Is the intention f the government and the planteis to en- lourage by every means Immigration from Europe. Negotiations are now under way more Portuguese. In this regard nutters , nay shape themselves In a mannei that may detain Mr Thurston In this country It la a 111 a new Immigration bureau Is to bo created , and If so he will be offend the halrmansh p. President Dole celebrated his filst birth- lay on the 23d lust Dining the day a petl- ion was circulated praying amnesty bo grantel the political prisoners. By B o'clock n the afternoon about GOO names * had been allKcd to the petition. An hour Inter tlio document was presented to the president. i\lio replied he would submit It to tin. council. / . % Tin : vni.iut : imi'.inniKXT- Mnnnitlin Cork lcg Appointed I'atroN. mm In Unnatft ( Jltr , KANSAS CITY. May 6. A smile which broadened Into a laugh and finally broke Into , a guffaw was upon the face of every citizen of Kansas City this evening when they reads n tno evening papers of the doings of the new Board of Police Commissioners , only re cently appointed by the governor of Mis souri. One of the most ludicrous of the ap pointments en the police force v\a i that of a. man with a cork leg , nnd tl.o best part ot tha joke Is the fart that the cork-legged man , hobbled Into Chief Irwln's olllco for Ills coin- mission as a patiolman today. 'Hie man'a name Is William Condon. Condon got tired ; of the merriment unwittingly made at Ills expense , and going Into Chief Irwln'b office , he exclaimed : I'm the man with the coil : leg. Guess. I'll have to own up to It. " Chief Irwln was thunderstruck. He ssnt tidings to Commissioners Fyke and Shelley. When they heard the remnrknble news they- burst Into the chief's olllco breathlo a and. with a look of Incredulity. Whore's that man with the cork leg ? " de manded Fyke. "It's a joke. Isn't H ? " "If It Is , It Is a tough one on me , " said. Condon. He rolled up his trousers on his right leg and the commissioners fairly ; groaned. "It Is too- true , " said Mr. Shelley , mourn- , fully. "I guess all the boys will be guylna ui now. " The appointment of Condon will probably bo reconsidered. A museum freak , nn ex- , candidate for congress nnd a prlo fighter were also placed on the rolls. The local papers have been making a strong fight against any change In the police commission ers and the pollco department , but Governor Stone appointed men whom the newspapers opposed , and criticisms of all their actions la not wanting. jf.i.vs.i& iuii.iT.s J.Y A jttn ir.ir Over Unit of ( tin Winter Sonlnc 1'iis Ccco. Itendcrcd I'rncllcilllynrlhliKi. . TOPEKA , Kan , Mny G.-The Kansas Board of Agriculture Issued today , through Secretary F. D. Coburn , Its first crop re port of the Reason. Winter Wheat The acreage sown last fall Is estimated ns having been 1,051.137 acre- " , or about U per cent lu's than tint F"wn the preceding > e.ir. Uy urifiivoinble v\outlier conditions E3 per cent of this , or J.lfil.OOO ncns , hnvc been rtndeird practically worthless , anil at l ° aat 47 per ci nt of It will bo plant d In other crops. Phlncli buga nre reported In miny counties in Iho east ern tlilnl of the state , iintl nro likrly to rto. much damage unless chocked by much wet wfath'r. KniiP.iH expccta little fiom hef wheat crop of 1SS3 The area which will be devoted to porn Is nut down n from 18 to 20 per cent morn than In 1691 , npproxlmntlntr nn Im reuse oC- 1,250'AO ncres , or n total of 7 OCS.OOO acres. The most of this Is very promising. The fort-going IB all b.T-ed upon cjiulltiuns ex isting on or Imm illntcly prior to April 30. but It Is proi > cr to Hay that since then raln-i , the most copious In many months , have fallen ami nrp still falling over ex- tennlve areas In ICiinrnf. and thepo , If con tinued , of course , preFnge ona of Kansas * great crop seapona. V.OO/fl.NO Ol'Kll iitCK.1IU\T : QVAitltf lion. J , I' . Scutles nt Iho Sou h Dakota City. EDGEMONT , S. D. , May C. ( Special Tele gram ) Hon. Jonathan E. Searles , secretary and treasurer of the American Sugar Refining company , accompanied by his family , arrived In his special car at 10 o'clock this evening * . Searles will examine the grindstone manu factory and the quarry , In which ho la largely Interested. He Is on his return from a trip to Denver and the northwest , and wilt stay at Edgc-mont a day. The second Urge shipment of grindstones to New York was tent from Edgemont to * day. It consisted of over 100 flno razoa stones for factories In tbo cast that havu until now use-d emery wheels. Three expert turners of grindstone have been wired too from Berca , O. The vvholo ot the machinery ! used being ct grindstones bai had to ba i | duplicated , and IB now In course ot construe- j ] tlon. U will be shipped from Edgemont Im mediately. VV. I" . Mebrr Hound Over. SIDNEY , Ntb , , May 6. ( Sptc'al Tele * gram. ) The preliminary exam nation ot W * F Wobcr. alias Fisher , for obtaining goods , and cash of Jen tier Relnhart , toot : place b r fore Jui * ! ; ' ) H ckrr this afternoon. He licld in 5-00 bonds fer the district court * Noac of the proruty was recovered.