THE OMAHA ; i DAILY BEE.
ESTABLISHED JUNE 19 , 1871. OMAHA , 3TJRIDAY jNIOUNTiNG , FEBRUARY 18 , 1808-TWELYE PAGES. SINGLE COPY MVE CENTS ,
SPAIN'S ' SY1IPAT11Y
Bagasta Antnoriioi Kindly Stitemant for
His Government.
PAINED AT TH DREADFUL DISASTER
Formal Condolonoo Will Bo Bent to the
United Statas ,
THINKS OCCURRENCE PU1ELY ACCID ENTAL
Regrets Deeply that it Occurred in Spanish
Waters.
WILL BIND Till TWO NATIONS CLOSER
Council.of Jinvniia AVI 11 Ilenr the En
tire K\i > eiiNe of the Funeral
iinil Iliirlnl nt the
| Victim * .
{ CopyrlRht , 183 ? , by rrern PulilWilnir Company. )
MADRID , Feb. 17. ( New York. World Ca
blegram Special Telegram. ) I have seen
Sagasta today , who autliorlzctl me to tele
graph the following verbal statement :
" \\'o were grlcveil and patnfulljmirprlscd
by the catastrophe to the Maine anil felt It
doubly bccJUsc the sad occurrence took place
In our waters. Wo cannot forget that nym-
pathy WOB shown us by America when we
lent our cruiser , the Rclna Hegcntc , and the
minister of marine convoyed truly yesterday
to General Woodford the condolence of the
Spanish navy. Our representative at WashIng -
Ing jn will convey to the American govern
ment the sympathy of our sovereign , the
nation and the government. You may have
noticed how general and o'.ncere ' has bceu
the friendly attitude of our press In com
menting on thl < 3 unfortunatecatastrophe. . I
feel confident that thl.s and the equally
ifrlcndly conduct of the authorities and people
ple of Havana will go a great way .to con
vince America that wo ( sympathize with h jr
In mourning for the gallant crew and officers
of the Maine. Wo have heartily approved
the conduct of the military , naval and
colonial authorities at Havana , whoso apon-
tncicous efforts to alleviate the disaster
liavo elicited the- official thanks of the con-
mil and .the commander of the Maine. It la
known that the council of Havana has of
fered to cover all expenses of the funeral
and burial of 201 men and two omcisrs to
morrow. Indeed , I do not apprehend any
trouble arising In our relations with America ,
I am flruily persuaded that this purely ac
cidental catastrophe will , U passible- , make
them closer and cemented by sympathy. I
cannot glvo you any fresh details on the
origin of the accident , but am able.to otato
that all sources of Information are unani
mous In attributing It to an explosion In the
interior of tbo vessel , similar to those that
had occurred In the American war ship Cin
cinnati and cevcral vessels of , the European
powers In the last four years. "
I may add that Sagasta spoke with much
earnestness , seeming naturally much an
noyed concerning the- event Just when , to
use his own words , the ambassadorial Inci
dent had been so satisfactorily terminated.
ARTHUR E. HOUGIITON.
SUM ) MUSS AC i OK CONDOM-INCH.
SniuilHh C.'overiimeiil AVI 11 Ofllclally
n\t > r > NN KM .Sympathy.
( Conyrlpjlit , ISl'S ' , by Press I'uljllsMnir Company. )
MADRID , Fclb. 17. ( Now York World Ca-
Wcgram Special Telegram. ) ft real anxiety
IB felt hero over the visit of the cruiser
VIzcaya to New York , following so close
upon the mysterious destruction of the
Maine. The government last night cabled
cipher Instructions for the commander of
the VIzcaya to the Spanish legation nt
Washington. These orders will bo com
municated to the commander of the cruiser
Immediately on Its arrival at Now York and
possibly bcforu It actually enters the har-
1)01' .
After a consultation at the foreign ofllco
the gfivcrnment decided to Imitate the ex-
nmplo set by the United States when Spain
lost the cruiser Relna Ilegcnte. One of the
11 rat messages of condolence then came
from the president and the State depart
ment. Therefore the minister of foreign af
fairs will telegraph through the Spanish le
gation In Washington condolences In the
name of the queen , her government and the
nation. The government Uoj already tele
graphed Marshal Illanco to glvo every pos
sible assistance and relief to American sail
ors and ! to ( ilit In the discovery of the cause
of the catastrophe.
Minister of Colonies Morct yesterday even
ing sent General Woodford a warm letter
of sympathy with copies of all otllclal tele-
grarcn. Many ofllclal personages , nicmbcro
of the cabinet ami Spanish naval otllccrs
loft cards at the legation last night , ex
pressing condolence. The papal nuncios
and members of the diplomatic corps have
called at the American legation to express
their sympathy.
Considerable excitement exists In political
and financial circles and It la ciay to see
that otflclal clrclts , though profoundly an
noyed and grieved by the BUI ! event , can
hardly conceal their apprehension that the
adventarlta of Spain , especially the Cuban
junta lu the United States , will try to make
capital out of the catastrophe.
Spanish naval ofllcers and engineers make
many pclentlflo mirmlses us to tbo causes of
the explcalon , most of them Inclining to
the belief that the fire originated cither
In the combustible depot or the boiler dynamo
name , whllo others attribute It to the ex
plosives which all men-of-war now carry.
si'.vix KNTiiiis H r > isci.AiMiu.
llciiiullii leu ( ho KlnteinenlN Contained
In lie I.OIIIO'N Letter ,
WASHINGTON , Feb. 17. Spain has offi
cially disclaimed In positive manner the re-
llcctlons contained In the Do Lome letter ,
and as officially announced by the State de
partment today , the Incident Is satisfactorily
closed. The statement given out Is as fol
lows ;
The following l an abstract of a note sent
last evening by the Spanish government to
Minister Woodford at Madrid :
"Tho Spanish government , on learning of
the incident In which Minister Uupuy do
l.omo was concerned , and being ndylsed of
his objectionable communication , with entire -
tire sincerity laments the Incident which
IWIIB the cause of the Interview with the
It btuUa Hlmt MlnUior do Lome had pre-
bcntcd his resignation ana It had been ac
cepted before the presentation of the mat
ter by Minister Woodford. That the Span
ish 'ministry , In nccis > tlnir the resignation of
u functionary whoso nervlces It hag been
utilizing and valuing up to that time , leaves
tt pnfisctly well established thnt It doe * not
tburc. end rather , on1 toe contrary , dlsau-
thorlzcs the criticisms tending to offend or
ccnsuro the chief of n friendly nation , al
though the criticisms had been written
within the Held of frlenJnhlp and hail
reached publicity by artful and criminal
means ; that this meaning had taken shape
In n resolution by the council of ministers
before General Woodford presented the
matter nnd nt a time -when the Spanish gov
ernment had only vague telegraphic reports
concerning the sentiments alluded to ; that
the Spanish nation , with equal nnd greater
rearon , nfllrms Its view nnd decision after
reading the words contained In the letter
reflecting upon the president of the United
States.
"As to the paragraph concerning the de
sirability of negotiations for commercial re
lations , If even 'for effect , and the Impor
tance cf using a representative for the pur
poses stated In Senor Uupuy dc Lome's let
ter , the government expresses concern that
In the light of It.t conduct , long after the
writing of the letter , nnd In view of the
unanswerable testimony of simultaneous
nnd subsequent facts , any doubt should exist
that the Spanish government has given proof
of Its real desire and of Its' Innermost con
victions with respect to the new commercial
Hystom and the projected treaty of com
merce.
"That the Spanish government docs not
now consider It necessary to lay stress upon
or to demonstrate ana * the truth and .sin .
cerity of Its purpose and the unstained good
faith of Its Intentions ; that publicly and
solemnly the government of Spain con
tracted before the mother country and Its
colonies n responsibility for the political nnd
tariff changes which It has Inaugurated In
both Antilles * , the natural ends of which , In
domestic and International spheres , It pur
sues with that firmness which will ever In
spire its conduct. "
MADRID. Fob. 17. A decree has been
gazetted accepting the resignation of Senor
Dupuy do Lomo as minister of Spain at
Washington.
Following Is the text of the royal decree ,
which Is dated February 10 :
Acceding to the wlslies of Senor Dupuy
do Lome , In the mime of my nugust son ,
King Alfonso XII , and as queen regent ,
I accept the resignation lie has presented
of the post of envoy extraordinary nnd
minister plenipotentiary nt Washington ,
leaving him without employment , with- the
emoluments duo lilin.
lilin.MAIUA
MAIUA CHKIST1MA.
"Sonoro " Polo y Dernabo , minister designate
to the United States , visited United latatca
Minister Woodford today.
Senor Gullon , the foreign minister , has
cabled President McKlnlcy , on behalf of the
government , condolences on the disaster to
the Maine.
CAl'SKS SI5NSATIW.V IN LONI1OX.
Iteitnrt of Aliened Torpedo Hole Stlrn
IF | . the IlrltoiiH.
( Copyright , 1SOS , by 1'ress Publishing Company. )
LONDON , Feb. 17. ( Now York World Ca
blegram Special Telegram. ) According to
the general vlow In political circles here the
Maine disaster opens up the gravest possi
bilities for lAmerlcan-Spanlsh relations.
An Intense sensation was caused ths ! after
noon by the publication of a Reutor dispatch
from New York stating that an eight-Inch
percussion hole had been found In one of the
Maine's plates. This dispatch was no sooner
distributed to the evening papers than it was
followed 'by another from the same agency
appealing for Its suppression , owing to rep
resentations received from the State depart
ment at Washington. Dut so far from ac
ceding to this request the papers gave the
utmost promlnenco to the first dispatch and
added an account of Renter's attempts to
get It suppressed. The St. James Gazette
states that McKtnlcy Is afraid of Uio consequences
quences of this startling Information leaking
out.
out.Tho
The opinion universally expressed by mem
bers of Parliament In the lobby of the House
of Commons tonight was that If the explo
sion Is proved to have boon caused by de
sign , Spain will bo obliged to refund to the
United Stales not only the loss Incurred by
the destruction of the war ship , but to pay
a heavy Indemnity to the surviving relatives
of the men killed.
John Dillon , leader of the nationalist
party , who asked a question of the first
lord of the admiralty on the subject of the
calamity In Parliament this evening , said
subsequently In the lobby : "Intense sym
pathy and grief exist among the members
of the nationalist party with the American
people la the catastrophe they have sus
tained. I myself am doubly grieved over the
disaster to the American navy , on board
whoso ships I have been so frequently re
ceived with the kindliest hospitality. "
Colonel Watts , chief naval constructor of
tlio Armstrongs at Newcastlc-on-Tyne , Who
havo'built ' fleets of war ships , for British and
foreign powers , interviewed on the Maine
explosion , said : "You might get spontaneous
combustion in n coal bunker or other store
in a flame flashing across and through the
ventilators Into the magazines. Thla oc
curred on the war chip Dottcrll Spirit. The
paint Btofo became Ignited spontaneously
and the flame reached the- magazine through
the ventilators. Surreptitious access of a
suicidal crank Is another possibility. If
there was foul play the deed must have been
done by n floating mine. The necessary ap
paratus for a locomotive torpedo could not
bo brought into position to bear on the
vessel without becoming known , Kxternal
damage Is so different from Internal that
this could bo readily discovered by a diver. "
GUN.VIdll ISXI'UCTGD TO 1113 11LOWN.
NcuNittlnnnl I.etler Written by One of
the Miiiiif'x CrcTV.
DBTROIT , Feb. 17. A special to the News
from Day City , Mich , , says : A letter was
received today from Elmer Mellatrup , gun
ner on the Maine , dated February 11 , In
which Mcllstrup wrote that ho would not bo
surprised If they should bo blown up any
day ; that the ship was surrounded with tor
pedoes and could not leave the harbor with
out the consent and direction of the Spanish
authorities.
MclUtrup's letter cays :
The Spanish liavo a couple of gunboats
and a cruiser and there are two German
gunboats. The guns of Morro Castle nre
pointed nt us as I wrlto. The whole bottom
ofl the hnrbor Is covered with torpedoes , no
that If tbey dldi not \vutit to let us out we
would not bo nblo to go very well. We
are lying1 between the Spanish arid the
German men-of-war and they have picket
boats out nil nlsht watching us.
In a letter of February 7 Mellatrup wys :
I don't look for any trouble unless some
thing unexpected , should happen.
In a letter of January 15 Mcllstrup tolls of
an accident aboard tbo cruiser Marblcdead ,
when five men were Injured by a shot. Com
menting bo tays :
ft Is a wonder some of the ships don't
blow up , they are so careless.
Seurcliliiir the Coal l'lle ,
KEY WEST , Fla. , Feb. 17. The anthracite
coal bore for the use of wr eulpe Us being
overhauled and a search wade for Infernal
machines. It U pointed out , howSTer , Uiat
the Maine took Ita coal on board hero A week
ago and that It I * not likely ( bit tbo tnecban-
Um of nr lufeical machine would delay fic
tion long ,
DEAD SAILORS ARE BURIED
Imposing Oortogo Follows Remains to
Cemetery ,
ALL HAVANA APP ARS IN DEEP MOURNING
Snnnlfth Olllvcro < ! lve Sincere Kvldenee
cf Sorrinv , nnit Mi-nil .11 any Klurnt
, TrlhnteM to the Uii-
, fortunntoH ,
HAVANA , Feb. 17. The Interment of the
martyrs of the Malno took place this after
noon about G o'clock. Shortly before the
hour all Havana was lit movement. The
flags on the public buildings wcro at half
mast , and many of the houses wcro In
mourning. All classes were represented In
the throngs that filled the streets along
which the funeral procession passed to the
cemetery.
The order of the procession was as follows :
The municipal guards on horseback , full uni
form ; the city flro brigade , the municipal
employes , tbo aldermen in seven splendidly
decorated cars , special cars bearing the re
mains , nlno bodies bchig carried on a splen
didly decorated car ; the clergy , deputations
consisting of the chief officers of the army ,
navy and volunteers , representatives of
various official bureaus , and o [ the customs
house a committee representing the Cham
ber of Commerce , a delegation representing
the grocers , the council of administration ,
representatives of the treasury , the press ,
and various political organizations , then the
chief ofllcers of the Maine , the for
eign government , foreign magistrates ,
with their mace bearers ; provincial
deputies , employes of the general and re
gional autonomlc governments , the munici
pal mace bearers , General Parrado with four
aides-de-camp , representing General Ulanco
( whoso'personal presence was not allowable
under the law ) ; having on his right United
States Consul General Lee , and on his left
the mayor of Havana ; the marquis Larrl-
naga , , Admiral Monterola , General Salona
and other officers ; two companies of marines
and Infantry.
The funeral music was furnished by the
bands of the Isabella La Catollca and Porto
Rico battalions , which accompanied the
bodies.
The funeral cortege started from the prin
cipal entrance of the city hall on Weyler
street , then turned to the right on Mcrca-
dorcs street , then up O'Reilly street along
the right side of Central park and finally to
the right along San Rafael street to the
cemetery. The population that lined the
route gave every Indication of the profouod-
cst respect.
Elaborate preparations wcro made for the
Interments of the dead. In the morning
twenty-two bodies were brought to the city
hall , where they rested In coffins covered
with beautiful crowns of silk ribbons with
appropriate inscriptions. The crown from
the city council bears the inscription : "Thu
people of Havana to the victims of the
Maine. " There is a handsome crown of silk
ribbons In the Spanish colors , with 'tho ' in
scription : "Tho Navy department at Ha
vana to the victims of the Maine. "
Among other tokens Is one from Lawton
Childs with the Inscription , "To our bravo
dead sailors , "
mUTJ.VG FOR lA'N ' INVESTIGATION.
Only ThliiR 1 He Done lu Case
of 31 u I n < - 'UlMtixter. '
WASHINGTON , FeT ) . 17. The government
has settled back Into a waiting aspect In re
gard to the terrible marine disaster In
'Havana ' harbor. The great shock cause-d by
the nov/s has given way to a calmer and
moro judicial state of mind , and realizing
from the events of the day that the court
of Inquiry Is the solo dependence for the
search for the cause of 'tho Maine's loss the
naval ofllcers are resigned to await the re
sult of tbo Inquiry by the court named to
day.
day.The
The officials at the 'Navy ' department devoted -
voted the day to the effort to correct the
lists of living and dead , 'to answering frantic
telegraphic appeals from relatives of men
on the battleship and last , but not least , In )
meeting with unwavering courtesy and
patience the exacting demands upon their
time1 by the press representatives.
The disposition of the survivors , Captain
Dickens , acting chief of tbo navigation bu
reau , has arranged for as well aa could bo
from this distance. ' The wounded sailors In
the Havana hospitals , on the Spanish flag-
ohlp and elsewhere , when not In condition
to bo brought back to Key West , will bo
carefully looked after by Mlsa Clara Uarton ,
\\fjo has been given , carlo blancbo to buy
any cud everything necessary , food , clothIng -
Ing , delicacies , and biro of nurses and physi
cians. The wounded able to get across to
Key West will bo taken care of In the
marine hospital there. The sound nurvlvors
will bo quartered in the oparo army bar
racks there.
Aa to the Malno Itself , notwithstanding dis
couraging reports from Lieutenant Hood as
to Us condition , the Navy department will
make the effort to raise It. While this la
required by every creditable sentiment , they
cay they are bound to remove the bull from
the small harbor In any case , and it may
bo as easy or easier to raise It as it would
bo to destroy the hull and machinery by
the UBO of divers and dynamite. It Is be
lieved that thU work can best bo done by
private wrecking corporations , and negotia
tions are already afoot for placing the con
tract , based on work by tbo day , at an esti
mated cost of $200,000.
At the Navy department specific denial
was given to the report emanating from
Madrid that a torpedo flotilla was about to
leave Key West for Cuba. It was stated
that only two torpedo boats , the Gushing
and the Ericsson , are at Key West , and
these have not been ordered , and will not
be ordered , according to present plans , to
Cuba , It was strongly asserted that
no present purpose existed of sending any
war ship there.
All the flags throughout the city , Includ
ing thoga on the capital and the department
buildings , are flying at half-mast today ,
and among the others conspicuous U that of
"Cuba llbre , " which flies from the staff on
the Hotel Raleigh , the headquarters of the
Cuban junta.
It U aald at the department that
tbo naval court of Inquiry which late
to Investigate tbo dfsastcr can scarcely
assemble for the work at Havana before -
fore next Monday. Lieutenant Com
mander iMarlx , who left Washington this
morning , can hardly reach Key Weat before
( be end of the week , and aa < be board must
prepare Itself for the work before leaving
Key Wait , a day la little time enough for
that and the traruportutlon to Havana. It
1 * not yet known wberd the board will bold
Its smlon at Havana , as thU detail J i
KEY W'EST , Fla. . Foljj 17. The corrc-
apondcnt hero of the Associated Press has
just returned to this place ; ion board the 011-
vctto from the scene of-Jtho wreck of the
United States battleship -Jlalno , In Havana
harbor. The divers who nave been working
nbout Its bottom have discovered an eight-
Inch percussion hole in a Vlatc.
NI3W YORK , Feb. 17nc of the regular
staff correspondents of thc ( Associated Press
at Key West cabled from jtliero at 11:35 : this
moorning that the report ? of the finding of
the hole In the bottom ofv the vessel evi
dently caused by a torpedo was sent from
Havana , just before the Olivette left and
from a source regarded as reliable , but can
not be verified owing to the strict censor
ship at Havana. The report , Ia not verified
by the officers of the Maine. who have arrived
f
rived at Key West trom Havana.
WASHINGTON , Feb. 17. The Key West
bulletin , regarding the finding of a hole In
the bottom of a plate of the Maine and re
ferring to the work of a torpedo , was sent
to the White House by the Associated Press
and was shown to President McKlnley. His
only comment was that it wcs the first ho
had beard of it. The president docs not wish
to make any statement concerning reports
that como regarding the disaster , but ho
permitted the fact to bo known , that the ad-
mlnlsratlon had no advices 'tendlnc to con
firm the Key West report. I ;
The Navy department abMluloly discredits
the story from Key Wes't ttat divers have
found an eight-Inch percussion hole In the
bottom of the Maine. Secretary Long says
there Is no such thing as a percussion hole ;
that there la no eight-Inch .torpedo and there
Is no other way In which such a hole could
be accounted for. It Is of course possible
that a shell , exploded Insl'do of the- ship ,
pierced a hole of that kind In the outer skin ,
but that would .bo readily revealed by the
character of the angle , and whether or not
the skin was .bulged In or out around the
puncture. It Is moro likely If there Is any
hole at all oftho kind that It Is simply the
outlet of one of the numerous pieces of the
Insldo of the Maine.
Secretary Long positively denies that Cap
tain Slgsbco has In any way In a suppressed
telegram expressed the opinion that a torpedo
caused the disaster or that it came from
an external cause. The captain said on the
contrary that he could not venture to express
an opinion.
COUHT OF IXUU1UY ISAMIJD. .
Admiral Slcnril 'Given ' Out \IIIIIOM of
the MfinliiTM ,
WASHINGTON , Feb. 17. The Navy de
partment received a dispatch this morn
ing from Admiral Slcard , In com
mand of the North Atlantic squadron , giv
ing the detail of the court of Inquiry to In
vestigate the Maine disaster. It Is as fol
lows : Captain Sampson , president of tbo
court ; Captain Chadwlck , Lieutenant Com
mander Schroedcr and Lieutenant Com
mander Marlx.
Captain Sampson , president of the
court. Is commander of the battleship Iowa ,
now at the Tortugas ; Captain Chadwick Is
commander of the New York at Key West ;
Lieutenant Commander Schroeder Is ex
ecutive officer of the battleship Massachusetts ,
now at the Tortugas ; Lieutenant Commander
Marlx Is executive ofllccr of' the Vermont.
Ho was formerly with the Malno as ex
ecutive ofllccr before the detail of Lieutenant
Commander 'Walnwrlght , who relieved him.
It Is believed that under the most favor
able circumstances , tho- Investigation can
not bo made for eoveral days. Arrange
ments must bo made for the proper workIng -
Ing of the diving outfits and the board of
Inquiry must determine upon a line of ac
tion. Desldes Commander Marlx , who will
bo a member of the court of Inquiry , has
just been released from duty with the Hil
lings courtmartlal In this city. Ho left
Washington at 11 o'clock * today by train
for Key West aud ho is supposed to be as
signed to duty as chief advocate of the
court. Probably the board will be conveyed
from Havana to Key West &y the Olivette
or ono of the lighthouse tenders , as It Is
again stated today that tho-Navy department
has no Intentions of sending another man-
of-war to Havana Immediately.
General fear Is expressed by tbo old
officers at the navy that thg destruction of
the Maine had been eo complete , at least
In the forward portion of the gtitp where
the explosion la believed to have occurred ,
that It would bo perhaps impossible to find
sufficient evidence In the wreck of the hull
to bo able to declare twltb certainty tbo
cause of the disaster. The reports coming
from Havana and printed this morning
describing the occurrence of tbo wreck
yesterday strengthen these doubts. The fall
of the smoke stack , < ho disappearance of
the big turret guns , all eecm to Indicate
that an enormous destruction has occurred
below. It may bo said , however , that noth
ing has yet developed In tbo newa from
Havana aa to tbo appearance of the wrecker
or In the conflicting ttorlei of tbo eurvlvcrs
to change the opinion of the majority ot the
ofllcers stationed at the Navy department
that tbo Maine sunk aa the rc ult of an
Internal explosion. As too the origin of this
explosion , there U still n wldo difference-
opinion , but the coal bunker theory today
flnda very many more ttroog supporters
than any other theory. Tbli theory U baaed
on the supposition that ipontanooui coin *
( Continued on Third
FRANCES E , WILLARD DEAD
Well Known Temperance Worker Passes
Away in New York ,
RESULT OF BREAKING OF NERVOUS SYSTEM
lrc lilcnt of the Woman' * Chrlxtliut
Tcmiiernneo Dillon , Her \iiiue
IN Kiiinlllnr to All KiiKlInk
People.
NEW YORK , Feb. 18. Miss Frances E.
Wlllard , president of the Woman's Christian
Temperance union , died shortly after mid
night at the Imperial hotel lu this city.
At the bcdsldo of Miss Wlllard. at the time
of her death wore her niece , Mrs. W. W.
Baldwin ; Mrs. T. M. M. Stevens , vice pres
ident of the Woman's Christian Temperance
union ; Miss Anna Gordon , Miss Wlllard's
secretary ; and Dr. Alfred K. Hill. Miss
Wltlard had been 111 for about three weeks.
Dr. Hill made the following statement to
night :
"Mies Wlllard had suffered some years
from profound anaemia and on several occa
sions had been given up to die. Last sum
mer she seemed to take on a new Icaee of
llfo and gained In
weight and strength BO
ttat she went through her convention work
at Toronto and Buffalo , which was most
arduous , and came out much better than
was expected. Uut on her arrival five weeks
ago she was much prostrated and readily
IOOK tuo grip , tttiicli attacked the stomach ,
liver , Intestlr.es and later the nervous oya-
tem. The disease progressed favorably end
In many respects she had greatly Improved ,
when the fatal issue came and overwhelmed
the nerve centers. There was no cancerous
degradation of any crganas lias been
otatcd. "
There will be funeral services In New
York City and later In Evtoston , 111. , Miss
Willard's ' home , where the body will bo
taken.
The headquarters of the National Woman's
Christian Temperance union at Chicago yes
terday Issued a call for all white rlbbonors
In ttio land to pray for Miss Wlllard's re
covery , but the notices had barely reached
the mall when the end came.
Frances Elizabeth Wlllard was born In
Churchvllle , N. Y. , September 28 , 1S3D. She
was graduated nt Northwestern Female col
lege , ISvnnston , 111. , In ISJo , became professor
of natural science there In 1SC2 and was
principal of Genesee Weslcyan seminary In
lSCfl-7. The following- two years she epent In
foreign travel , giving a. pnrt of the tlmo to
study In Paris and contributing to periodi
cals.
In 1S71-1 she was professor of nc&thctlcs in
Northwestern university nnd dean of the
Woina'n's college , where she developed her
system of self-government , which baa been
adopted by other educators.
JIIss Wlllard left her profession In 1574
to identify herself wltii the Woman's Chris
tian Temperance union , serving ns corresponding
spending : secretary of the national organ
ization until 1S79 , and since that date as
president. As secretary she organized the
ihomo protection movement nnd sent an ap
peal from nearly 200,000 persons to the
legislature of Illinois , asking * for the tem
perance ballot Tor women.
On the death of her brother , Oliver A.
Wlllard , In 1879 , she succeeded him ns ed
itor of the Chicago EveningPost. . In 1SSG
she accepted the leadership of the White
Cross movement , which had obtained
through her influence enactments In twelve
states for the protection of women.
In 1833 she was made president of the
American branch of the International
Council of Women nnd of the World's
Christian Temperance union , which she had
founded live years before , and she was re
peatedly re-elected.
Besides many pamphlets and contributions
to magazines and the press , Miss Wlllard
has published several volumes relating to
temperance and other reforms.
Mrx. A1111 a Iliite * .
Mrs. Anna Dates , wife of Charles E. Dates ,
dle.l Wednesday evening after a short Illness
at her -residence , 101 South Thirty-sec
end street. Mrs. Batrw had been a
resident of this city for about twelve
years , having formerly lived at
Stewart.la. . , where her huiband wa&
president of the First National bank. Mrs.
Bates was a member of tbo St. Mary's av-
cnuo Congregational church , and was quite
prominent In charitable and social circles.
The funeral takes place from the late resi
dence of tbo deceased Saturday at 2 o'clock.
Kiiriih Mellrlile.
MARYVILLE , Mo. , Feb. 17. ( Special. )
Mrs. Sarah McBrlde , who was probably the
largest woman In the state of Missouri , hoe
just died at Burlington Junction. Mrs. Mc-
Brldo's corpse weighed 450 pounds. Her
death was duo to dropsy. It was necessary
to have a special coffin made , thirty-four
Inches wide , two feet deep , and six feet
long. Ono elde of the house was taken out
to remove It. No hcarso in the town of
Burlington Junction was largo enough to
admit the coffin , and the remains were
carried to the cemetery In a dray. Mrs.
McBrldo was born In Missouri and lived In
this state all her life. She was 39 years old.
lliiiinnli ilelvey.
FAIRBURY , Neb. , Feb. 17. ( Special. )
Mrs. Hannah Holvey died Sunday of pneu
monia , aged 02 years. Mrs. Ilelvey came to
( Jefferson county In 1859 with her husband ,
Thomas HeJvey , coming from Nebraska City ,
where they had been among the earliest
ecttlcrs. She was the mother of nineteen
children , of whom elx eons and ono
daughter survive.
MTN. ( 'Jinrlen MeHon.
MALMO , Neb. , Feb. 17. ( Special. ) Mr ? .
Charles Melton died on Monday , February
14 , at Ifbr residence near Malmo , aged 30
years. She leaves a husband and four small
children. She had Icng been a resident
here.
Dr. 'lleiilinin ' ,
AVOCA , la. , Feb. 17. ( Special. ) Dr.
Ilcnham , aged 70 , died hero very suddenly
of heart disease today.
COI.OHADO C'OMI.Vti TO OMAHA.
51 en ! Will Arrnnpre for Spncu
' nt Kxioxltloii ,
DENVER , Feb. 17. ( Special Telegram. )
Arrangements for the Denver and Colorado
business men's excursion to the Omaha ex
position grounds are completed. The
mayor has eent out printed Invitations to
those whose presence la desired on the trip ,
whom the commUelonera requested him to
ask. Governor Adams did likewise aud
the party promltes to bo sufficient to fill
two special Pullman care. They will leave
at 4:30 : Monday afternoon over tbo Union
Pacific , attached to the regular fait train.
The mayor said today bo would go. Lieu-
tanant Goovernor Judd Drueh will represent
the elate executive , because Governor Adams
bad made a previous engagement , ,
THE BEE BULLETIN.
W feh r Forcc t for Ncb'raiki
Threatening ; North to East AVInd ,
1. Snjrnstn ixtondft Spanish
Militia' * Victims Hurled nt Ilnrnnn ,
llonth of Franco. * K. Wlllnnl.
KiiRrno Moore ( luri I'rce.
2. Ncbrnnkn New * .
3 , Krnnto DhieiiMoft Kiinxn * I'nclllc Sale.
Umnlin I'oAtofllco Oprnlng ,
4 , Kdltorlnl nnd Comment ,
0 , Government Weighing III.
Con Terence Concerning
Innpcctlon of I'rdcliol'n
0 , Ctmnrll ItlnfT * Lociil Mat
Icmu l.PBl li\tlvo I'rocce |
7 , ( lencrat NO\TH of the I
8 , Hlto for the Arkiuiunn
Wilier for the Kxpnnlt
tt. MnUhiR Monry by Stnl
VroKri'KH of tint Iturtle ) 3BDon Cilsc.
Trlul of the KmtiH-rs.j
llendpriton Talks on IH
It. Commorelul nnd I'lnniici
12. Winter Itrnt of n lUcn llnrne.
Dry Tortugim nn u Drill ( Irountl ,
Temperature lit Oinnlini
Hour. lenr. Hour. Den : .
R 11. m - ! > 1 ii. m - < >
( I u. in U ! S v , in -t
7 n. in UK it l > . in -t
8 11. ni - " 4 l > . in - < >
i ) n , in - . " n p. 111 it )
.Vn I.V TIII3 lltlCICHYK STATIC.
KviiOHltlon llooinerM 'Are AVnrmljWel -
eonieil In Ohio.
COLUMDUS , 0. , Feb. 17. ( Special Tele
gram. ) The delegation of the Transmlssls-
elppl business men arrived here at 4 p. m.
from Springfield. They wcro met n few
mllcfl out of the city by a committee headed
by Chancellor Canfleld , formerly president of
the University of Nebraska , and upon their
arrival Immediately conveyed to the state
house , where a formal reception was ac
corded them In the executive ofllco. Thi
delegates were .presented to Governor IlusJi-
nell , after which they repaired to the senate
chamber , which body Immediately suspended
business out of respect to'tbo visitors. A
golden opportunity was presented to present
the claims of the exposition , whoso possi
bilities , present condition and growing pro
portions were voiced by Rev. Wright nut-
Ice , who astonished the Ohio law-makers with
an array of facts and statistics showing the
Increasing Importance or the coming expo
sition.
Lieutenant Governor JCOCR , Senators Alex
ander and Cromlcy responded , congratulat
ing Nebraska on Its pluck and energy , and
promising co-operation leaking to the suc
cess of the great event of the summer. This
storming of the halls of legislation and the
cordial reception accorded the delegation by
tbo solons of Ohio Indicates moro clearly
than anything thus far experienced during
the trip the wide-spread Interest taken in
Omaha's great show.
The travelers have visited Dayton .and
Springfield , both important manufacturing
centers , and have enlisted the Interest of the
great factory proprietors. At Dayton a mag
nificent crowd listened to the story of
Onmha-'s white city and many of the most
prominent manufacturers were emphatic In
their endorsement c * the venture. At Spring
field the party vlaltcd the mammoth facto
ries , talked Informally with merchants , and
publicly announced their conviction that the
great Buckeye state ought by all means to
join the great ca'valcado of states whose
products will be exhibited at Omaha. The
newspapers have thus far been extremely
kind In their references to the party and the
object for which it was organized.
Tno visiting Nebraskans were received at
the Great Southern tonight by the Chamber
of Commerce. The spread was an elegant
aft air. At 8 o'clock the delegation marched
In a body to the auditorium oC the Hoard of
Trade , where they wore welcomed to Ohio
and the city of Columbus by Governor
Dushncll and Mayor Samuel L. Ulaclc , both
of whom endorsed the exposition In their
remarks.
TIIIXKS.OLA "IVll.t , 1113 tACClUITTKI ) .
Terrorizing the Jury All ( hut Will
Prevent TJiln Itexult.
( Copyrlsht , 1 ! > 98 , by I'rcsa I'ubllBhlnf Company. )
PARIS , Feb. 17. ( New York World Ca
blegram Special Telegram. ) Yevcs Guyot ,
former minister of Justice , the chief pub
licist en the side of Dreyfus , who was seen
thla evening , fiays :
"There Js a good prospect of Zola's ac
quittal If a majority of the jury bo not
.terrorized by the crowd. According to French
law , If six be for and filx bo against , ac
quittal follows. So far , there Is no good
Indication of tbo jury's bent , because , under
the French law , It a jury exhibits such
prematurely tbo verdict is annulled.
"This Is the dilemma now evident In the
affairs of Dreyfus. Either Droyfus ban been
condemned1 on the bordereau not written
by him , or condemned on a secret docu
ment , In which case the court-martlal'.i
verdict la null. "
M. Laborle , Zola'a counsel , who was neon
after the court adjourned , eays ;
"Two things are now clearly established.
Ona is the good moral character of Dreyfus.
The other IB the negative fact that Dreyfus
did not write the bordereau , and the pcal-
tlvo fact that Estcrhazy did. A revision Is
probable , but If the court of cassation quashes
tbo original court-martial finding , that is
enough , and Dreyfus must bo set at liberty. "
Kleen Comnlclrtt HlH Cnlilnet ,
CHRISTIANIA , Feb. 17. Ex-I'rcmlor
Stecn , who was entrusted with the task of
forming a now ministry , completed the
cabinet today and submitted the names to
King Oscar. Later It was announced that
the cabinet was ofllclally appointed.
Fortvnril * lion : Trnojix ,
CONSTANTINOPLE , Feb. 17. Tbo RUB-
elan auxiliary cruiser , Tamboff , passed
through the Ilosphorus yesterday with 2,000
soldiers and sixteen cannon , bound for
Vladlvostock.
Jury l''liulN ' Jlrrtoeh fin III- .
CLINTON , la. , Fob , 17. The jury In the
cnso of Theodore liertoch , charged with
poisoning Charles Sellmueen , today returned
a verdict of murder In the eecond degree.
The wife had already been convicted en the
same count. Doth will bo sentenced to
morrow.
Movement * of Oeenii VeNieU , Pelt , 17.
At New York Sailed Munchen , tor fire
men , Arrived Fulda , from Naples ; Lalin ,
from IJremcn ; Mobile , from London.
At Bremen Arrived Havel , from New
York.
At Genoa Arrived California , from Now
York. Balloil-Welmnr , for New York ,
At Qui'enatown Sailed Uelgcnland , tor
Philadelphia ; Germanic , for New York ,
At t > ondon-Sallcd-Manltobi , for N w
York.
At Rotterdam Sailed Rotterdam , for
Now York.
At Amsterdam Arrived Edam , from New
Yorfc.
EUGENE MOORE FREE
Supreme Court Roloasoa the Ex-Atulltor fof
Technical Reasons.
HELD NOT GUILTY OF EMBEZZLEMENT
Statute Cannot Bo Made to Cover Eta
Particular Case.
HAD NO RIGHT TO COLLECT THE MONEV
Not an Agent cf the State so as to Do
Criminally Responsible.
JUDGE SULLIVAN'S DISSENTING OPINION
Contend ! * Hint If Uefemlniit Wnn Ajteni
KiioiiKli < < > 'I'lllie the Mono- lie
IM AlU'nt KtiotiKli to Ho
, I'nnlNheil. ,
LINCOLN , Feb. 17. ( Special Telegram. )
The supreme court this afternoon banded
down an opinion reversing the Judgment nnd
sentence of the lower court Ici the IJugeno
Moore case nnd dismissing the caec. The
opinion Is by Commissioner Irv'np , Judges
Norvnl and Harrisoa mid Commissioners
Ryan and Ragan concurring. Judgu Sullivan
files a dissenting oplnlcti , The syllabus ot
the opinion of the court Is cs follows :
Article 5 , section 21 , of the constitution ,
providing that thi > ollloers of the execiltlvo
department "shall not receive to their own
use nny foes , costs , Interest on public )
moneys In their hands or In their control ,
perquisites ! ot olllco or other compensation ,
nnd all fees that may hereafter bo payub'.o
by law for services to bo performed by ai
olllcer , provided for In this nrtlclu of the
constitution , shall be paid In advance Into
the Htnto treasury , " not only prohibits such
olllccrs from receiving such fees to their own
use , but also prohibits all * executive olllcers
except stnto treasurer from receiving fees
at nil and requires the payment In advance
Into the state treasury by the persons by
whom they are payable. i
" . Compiled Statutes , chapter xllll , section.
32 , adopted in 1S73. and relating- fees paid
by Insurance companies for servlccst per
formed by the auditor , was so far modified
by the constitution of 1S73 na to require tmch
fees to bo paid In advance into the treasury
nnd prohibit the midltor from receiving1
them.
3. When the penal statute IB mndo to an-\
ply only to a certain class of persons , the.
description of the class Is so far descriptive
of thtf offense , nnd that the person charged
IM 'within ' the chiHs Is a substantive element
of the crlmo ItF-clf.
4. Section 124 of the Crlmliml Code , relating-
to the embezzlement of public moneys , np-
plles only to olIlccrH or persons charged by
law with the collection , receipt , safekeeping ;
transfer or disbursement of the public
moneys , and those who aid or abet such of
ficers or persons.
fi. The auditor of public ncounts Is not a
such ofllccr charged with the collection , re-
'cclpt , safekeeping , transfer or disbursement
of nny part of the- public money , and he IH
therefore not within the. descriptive terms
'
of section 121 of the Criminal Code- .
C. In order to punish one as for a crlmo
the offense must bo within the plain Import
of the words of the statute creating or de
fining the crlmo. An offense not within the
words cannot be adjudged a crime , because
within the reason or spirit ; and this princi
ple cannot bo evaded by holding that ono
performing nets which are denounced as a
crlmo when committed by a particular class
of persons Is estopped from denying that ho
Is within that class.
TECHNICALLY NOT UUIL.TI.
The opinion of the court opens up as fol-
IOWH : "Tho Information In this case , omit
ting formal parts , allegations of time and
vcnuo end other averments not material to
the questions presented for review , was as
follows : That Eugene Mooce , then and thcro
being an olllcor , to-wlt : Auditor of public
accounts of the state of Nebraska , and an
guch olllcer being charged with the collection ,
receipt , safekeeping , transfer and disburse
ment of the public money , and a certain part
thereof belonging to tbo state of Nebraska
and the property of the state of Nobraoka ,
then and thcro unlawfully and feloniously
did fraudulently convert to lila own use and
embezzle ot said public monay the sum oC
$23,208.05 In money , the property ot the t lo
of Nebraska , which said money hod tdcn
and there como Into the custody and pos
session of tbo eald Eugene. Moore by virtue
of hla office as auditor of public accounts , aa
foes from Insurancocompanles , then and tbero
doing business In the state of Nebraska , for
services to bo performed by the said Eugene
Moore , aa nald auditor of public accounts ,
In filing by the said Eugene Moore aa said
auditor , the annual statements of said Insur
ance companies , and In issuing certificates
of authority by tbo said Eugene Moore , aa
tald auditor , to the agents of r.ald Insurance
companies , etc. The remaining avcrmcnlu
are chlclly In the way of particularizing the
services for which the money alleged to
have been converted was received. To this
Infoimatlon the defendant pleaded guilty and
then moved an arrest of Judgment on tbo
ground that the information charged no
crlmo. Tbo motion was overruled and the
defendant ecntcnccd to Imprisonment for
eight years and to pay a fUio of twice the
amount alleged to have been embezzled.
MORAL QUILT NOT CONSIDERED.
"A suggratlon made in the argument aad
reflected in ucveral places in the stata'a
brief , Is that the plea admitted the moral
guilt of the defendant , and to quota the last
sentence of the brief : 'Having pleaded
guilty to all the charges ot the Information ,
this court may well hexltato before reversing
his plea , ami say ho is not guilty after ho
has tald do is guilty. ' Surely the attorney
general cannot mean to contend that be
cause the defendant has , by blu plea , ad
mitted the facts charged and therefore a
moral delinquency , ho uhould bo punched
oven If the law docs not denounce those *
facts as a criminal offense , The question
before us lu not ono of moral delinquency ,
but simply whether the facts charged In the
Information constitute a crlmo under the
laws of thU state , Defendant fitands In ho
wort > o position in tliio respect than he would
on a demurrer toho Information , which
would , for the purpose of the proceeding.
Involve the same admission , "
Tbo opinion Ihon saya that It IH conceded
that the Information was drawn with a view
to lection 124 of the statutes relating to
olllurs charged with the collection , receipt
and safekeeping of public money , and that
thla eecllon refers only to tbo particular
claee of persona co charged with tde hand
ling of public money , The court then ays :
It goes almost without Haying that na
person U subject to the penalties of Iliu
Btatuto unless ho falls within the descrip
tion of the clusg cf persons to whom tin
Ututs Is applicable. Tiie de crlytU > u ex
