THE OMAHA * DAILY BEE. ESTABLISHED JUNE ] ! ) , 189 ! ) . OMAHA , TCJESDAV MOBNINO , AUGUST Uli. 1SI9 ! TEN PAGES. COPY FIVE CENTS. JUDGE DROPS MASK President of Drnjfus Oourt-Martial Showa Rudeness to Ficquart. Unfairness from Supposedly ImpaT Quarter Dances a Sensation. PRISONER CHANGES HIS MODE OF DEFENSE Impassioned Declaration of Innocenos Becomes Oool Argument. CAPTAIN JUNCKE BETRAYS CONFIDENCE Amioclntc of llrcyfui Hcpent * WordM Sjpokcn Utiilcr llonil of Frtcnd- Mhlp mill IN nil Object of 1'oiuilnr Scorn. rtENNES , Aug. 21. The third week of the second trial by court-martial of Captain Alfred Dreyfus , captain of the artillery , on the charge of treason , began without In cident at 0:30 : this morning. There was a largo attendance In the Lyceo nt the opening of the court , In vlow of the possible reappearance of Maltro Labor ! , leading counsel for the defense. But , though ho Is progressing as satisfactorily as pos sible , his physicians deemed It best for him to remain quiet. When It , became known that the distinguished lawyer would not participate In the proceedings a largo num ber of disappointed persons < ] ulttcd the court room , leaving perceptible gaps along the benches. Three points stood out prominently In to day's proceedings. They were Coloncf Jou- aust's display of partiality , the new attludc taken by Dreyfus and the contemptible con duct of the last witness , Junck. The spon taneous utterances of Jouaust of the word " " when asked to "cncoro" ( again ) Plcquart be heard has been the topic of conversation this afternoon , as Jouaust for the drat time thus ooonly and candidly reversed his par tiality and hoisted the antl-Dreyfusard colors. Throughout the trial neither ho or any of the judges have shown shown particular love for Plcquart. but ho has never com mitted such u flagrant violation of Justice and his duties as a judge as ho did today. Colonel Plcduart's attitude of manly Inde pendence and utter fearlessness when at the witness bar , his refusal to cently murmur evidence In .tho . cars of the judges Instead of uttering his testimony In a trumpet voice BO that not a person In court missed a sylla ble Irritated the judces. JoiimiHt IN Not Connlntent. Plcquart today was perfectly within his rights , oven his study , to ask to bo heard I- In the true Interest of Justice In order that I' ' . the fullest light should bo shed on the affair , and H Is well remembered that when last week General Billet and other generals nskod tobo confronted -with Plcqunrt , M. Bortulus nnd other witnesses , Colonel Jouaust readily accorded pcrmlffllon. The Droyfusard press I is certain' 'to'take ftp Ibis matter. 'The'only Droyfusard newspaper at-Rennes boa already published a protest this afternoon. The second point , the change of attitude on the part of Dreyfus , has given universal satisfaction to his friends. Hitherto ho had confined himself , when asked toy the Judge If ho had any reply to make to witnesses , to an Impassioned protestation of his In nocence. This made an Immense but trans itory Impression on his hearers , moreover , General Rogut made the significant remark In court last week that an Innocent man docs not merely protest his Innocence but defends himself. This undoubtedly stung Dreyfus Into the line ho adopted today whc-n he arose and re plied , argumentatlvely , In a calm voice , to the various points raised by the witnesses. It was In response to Captain Junck , that homade his longest statement , occupying about ten minutes , during which ho used the notes ho had taken while Junck was speaking , and 'With methodical arrangement of facts and In unequivocal language dis cussed the deficiencies of Junck's testimony. The prisoner punctuated his remarks with I moderate , well chosen gestures of his' right , v hand , standing erect , facing his Judges and holding his gold braided kepi In his left m band. ii The third point , the conduct of Junck In repeating confidence made to him as a com rade toy Dreyfus disgusted his hearers and In the mind of any right thinking man must have considerably Impaired the value of the remainder of his evidence. He and Dreyfus sat together In the same ofllco and naturally exchanged confidences regarding their relations with women. But , It was pointed out , no one but a contemptible per son repeats them In court , especially In the case of a man passing as an officer and a gentleman. Dreyfus , In replying , scored distinctly when ho brought out Junck's utter lack of eenso of honor nnd himself declined to enter into a discussion of the matter. Drcyfiii' Ilrother In Court. A striking figure In court Is Mattbleu Dreyfus , brother of the prisoner , who usu ally nits In one 'of the front rows of the witnesses , his elbow on the back of the aeat iu front of him , hla chin on his hand. He follows every gesture and word of those on the etago and his look reflects the absorb ing anxiety of his mind. The audience may titter and smile , but his features never re lax Into the semblance of a smile. They only soften with a look of pity as he glances at his brother oeatcd on tbo stage , and compelled to submit to the ruthless Jlro which lilu enemies one taftcr another level at him from the witness box. Tbo most Interesting part of today's pro ceedings , was an usual , at the conclusion. Major Lauth repeated In different words bla evidence given before the court of cassation. Ho Is not an Impressing personage. He lias a bulldog head and cavernous eyes , a monocle being muck In his right eye. Ha was dressed In the uniform of mi ofllcer In tbo dragoons. The audience did not follow Ills depositions with close attention , as ev erybody knew what he would say. A bored look fell upon the audience , and tbo In fantry sergeant who acts as messenger be tween Colonel Jousaut , Major Carrlere and the witnesses fell asleep in his chair In front of tbo stage , In full view of everyone. He woke with a start when Major Lauth' unexpectedly raised his voice , Arts Prompt. The court settled down to business quickly and by 9 o'clock five witnesses had appeared at the bar. If this rate is con tinued It Is thought the court will get through -with the ninety odd wltnessej by the beginning of September und It Is prcb- able the verdict will bo delivered about September 7 , Generals Roget , De Bolsdeffro and Billet wore present on the witness seats and Colonel Plcquart took a place a couple of rows be- bind them. Tbo colonel uat alone until M. Bertullus , the examining magistrate , whose evidence was so favorable to Dreyfus , en tered and sat beside Plcquart , warmly ehak- , Ing him by the hand. All of the witnesses today were hostile to Dreyfus , but as none of the evidence was fresh , but mostly a reiteration of old statements , the audience followed the depositions with comparatively i little Interest , a reference by M. Grlbclln to the relations of Dreyfus with demlmondalnes proving the most appetizing portion of the morning's proceedings. A subdued tlttrr went around the court room when M. Grlbclln even professed to know the exact Miotint Dreyfus spent upon his various Hours. PM. Grlbelln gave his testimony with an honest dcmcanol- and apparent sincerity , but he did not strike one as being particularly Intelligent. Nothing In his appearance would contradict the contention of the Dreyfusards that he was Major Lauth's tool In the machlnatloni of the general staff against Colonel Plcquart , who listened to M. Grlbe lln with an air of contemptuous Impatience. AVItitvNH 1'nrrw Jliully. M. Demanee of counsel for the defense was more successful than usual In cross- examining him and visibly disconcerted M. Grlbelln. Counsel scored a distinct hit when ho got M. Grlbelln to admit that ho mixed the In trigues of Paty do Clam and Henry to shield Hsterhazy and when M. Grlbelln was finally disposed of his evidence hod suffered badly. Dreyfus created a better Impression today. Ho entered tbo court room with a more con fident bearing and replied to the witnesses In a calm voice without any theatrical ges tures , and hU remarks were put so hicldly that ho appeared to make an Impression on all the Judges , all of whom are reputed to bo bitterly opposed to him. The session wound up with a scene , on ac count of the extraordinary conduct of Colonel Jouaust , president of the court , who per mitted himself to make an unwarrantable display of partiality. M. Bertullus bad been confronted with the last witness , Cap tain Junck , and General Gonse had defended the latter when Colonel Plcquart rose and asked leave to be atlowed to refute some of Junck's remarks. Colonel Jououst made a gesture of Impatience and shouted : "What , again ? " An outburst of booing and hissing came from the audience at such a display of un fairness from the president. Judges and gendarmes quickly suppressed the noisy , but Colonel Jouauot understood the well-merited rebuke administered him , turned red and ad. Journed the court ten minutes later. Evidence In Detail. Following Is the evidence In detail : General Fabre , former chief of the Fourth bureau of the general etaff , was the first witness today. Ho said that In his official capacity ho compared the handwriting of the bordereau with the writing of various offi cers In hla bureau , including the handwrit ing of a probationer , who had been In the bureau during the previous year , and who had not favorably Impressed his comrades. This probationer , Dreyfus , who was re garded as untrustworthy nnd Insincere In his pretensions , was , according to the wit ness , equally disliked by his comrades and superiors. Ho was , Fatro added , constantly endeavoring by all sorts of means to learn the secrets of the plan of concentration of the eastern railway system , and In his anx iety to secure Information negfected his du ties. His official duties , witness also said , placed It In Dreyfus' power to disclose the documents referred to In the bordereau. Witness could emphatically deny all Drey , fus had said on this subject. When Major Berlin showed witness the bordereau the latter was struck wllh the , re semblance of. the'callgraphy. Dreyfus was the only officer who had made a bad impression In his bureau , and the opinions of the chief of staff and heads of other departments confirmed witness' be lief. General Fabre , In conclusion , declared he was still as firmly convinced as In 1894 that the prisoner was the author of the bor dereau. ( Sensation ) . After M. Demange had pointed out the discrepancies In Fabro's present statements and these ho voiced In 1894 , Colonel Jouaust Invited Dreyfus to reply. The prisoner said General Fabro quite correctly described the work on v. filch ho was engaged when a probationer , especially emphasizing that ho had to keep the dossier relating to the con centration centers on the eastern system posted up. This was not a fictitious task. The prisoner's reply was made In calm , measured tones and his frankness seemed to favorably Impress the judges. Hi-moil * for Suspecting Drcyfnn. Colonel d'AbovlIlo , former deputy chief of the Fourth bureau , related how Fabre had showed him a photograph of an anonymous note In which the writer Intimated to his correspondent , "evidently foreign to army , " that he bad confidential documents to com municate. The witness told Fabro that the docu ments mentioned showed tbo writer could only bo an artillery ofllcer belonging to the general ataff , who participated in the ex pedition of the headquarters staff in June and July , 1S91. The position of Dreyfus corresponded with these conditions , and "to their great sur prise" a striking resemblance was apparent In the writings pf Dreyfus and the anony mous letter. Witness further declared that only a probationer could possess the Information mation mentioned in the bordereau. It was not only because of tbo resemblance of tbo handwriting that suspicions were directed to Dreyfus , but because bo was In n position to bo acquainted with tbo documents enumer ated. ated.M. M. Demange wished to know why Colonel d'AbovlFlo said in 1894 that in order to dis cover the author of the bordereau ho thought It necessary to investigate the officers who participated In the expedition of the general staff that year. Witness replied that h was induced to do 00 by the expression of the bordereau , "I am going to the maneuvers , " for he con sidered the expedition of the general staff equivalent to the maneuvers , although troops were not actually present. Counsel , pointing out that a great deal of argument was founded on the expression , "I am going to tbo maneuvers , " bald It should not be forgotten that In 1S94 the expression was understood to apply to the expedition of the headquarters staff. In reply to the usual question Dreyfus said that he bad never held any conversa tion with Colonel Sandherr , the late chief of the Intelligence dcpaetment , who was EO llttlo acquainted with him that he once ad dressed him by another name. KX'Chlef of Dutrollvm Called. Greater Interest In the proeeedlncs was manifested when the name of the next wit ness was announced , former Chief of the Detective Department Cochefert , who was present when Dreyfus underwent the dicta tion test In Du Paty de Clam's office. M. Cochefert declared ho knew absolutely noth ing of tbo Dreyfus caao whqn the minister of war , General Mercler , summoned him to confer with him on the subject of the bordereau and the suspicions In regard to Dreyfus. General Mercler , Cochefert con tinued , asked hU advice as to the procedure which ought to be followed and Introduced htm to Du Paty de Clam. Subsequently , alter M. Bertillon's report , the arrest of Dreyfus was decided upon. The witness proceeded to describe the arrest and the famous scene of the dicta tion test , saying that from the first remark dropped by Paly do Clam the prisoner dis played evident uneasiness. Then the ex- ( Coutlnued on Third Page. ) DIVIDED AS TO IIOLCOHB Opposition Moro Pronounced as Hour oi Three-Ring Oircus Approaches. THERE IS TROU3LE AMONG THE POPULISTS loiiKlnn Comity Populintii Arc In clined to I'liMh AV. A * . Allen to the Front fin Their Candidate A'arlcty of Vlcwn. Aa the time for the holding of the fusion conventions approaches the opposition to Silas A. Holcomb becomes more pronounced and It Is acknowledged by the leaders of the tripartite forces that If the nomination goes to the ox-governor It will bo at the end of a bitter contest. The fear that this bitterness will reach up to election day Is causing many of the delegates to look around for a Mcses to lead them through. So far , however , there la a total failure on the part of the antl-Holcomb forces to agrco on a man , < ind the situation last even ing Indicated that Holcomb had enough votes and to spare for a nomination. Among tbo democrats the men who will lead the movement In favor o ! a new man will bo W. D. Olclman and Edgar Howard. They will have support from all parts of the state and a lively time Is promised during the convention in spite of the presence of W. J. Bryan , who cnmo in lost night to plead for peace between the- warring fac tions. The democratic delegates spent the early part of the evening trying to reach an agreement , but If any was arrlYed at it was between Lee Herdman , Jim Dahlman and a few others who were trying to whip the country delegates In line for Holcomb. The Oldham-Howard element refused to be co erced. Tthero was a diversion during the evenIng - Ing In favor of Ed P. Smith , and It wan said that his candidacy would be favored In a red-hot speech on the convention floor by Oldham. There was also talk that Old- ham himself would loom up as a candidate on the first favorable opportunity. The friends of W. H. Thompson of Grand Island are also watching for a chance. Edgar Howard , whoso Papllllon Times easily outranks the other democratic papers of the state In point of Influence as well as In Its continued opposition to Holcomb , arrived In the city during the afternoon and gave It out that there would be no surrender on his part. Ho would never swallow the Holcomb dose and would carry the fight to the convention floor , where he was promised plenty of support In the war against the Holcombltes. Opposition to Holcomb from Sixth. Much of the opposition to the ex-governor comes from the Sixth district , but there Is a fighting delegation from Lancaster county , headed by James O'Shea and others , who de feated the Holcomb resolutions In their county .convention . a few days ago. The Lan caster men say that If Holcomb is nominated the fight will not end at the convention , but that a large antl-Holcomb democratic club will be formed at the state capital. There Is also trouble among the populists. The Douglas county delegation Is known to bo torn asunder on the question , with the antl-Holcomb element the stronger. ' Among those who make up this element are also some -who will oppose the nomination of any 'demcYat who may bo offered. They are supported - > by delegated from other parts of the state , although it is not known that there are any solid delegations. There is said to be a wrangle even among the Lan caster county populists , who come to the convention instructed for Holcomb by a reso lution which was passed in the county con vention after most of the country delegates bad gene home. Among the populists a name often men tioned during the evening was that of E. O. Kretslnger of Beatrice. It was pointed nut that ho was an able lawyer , and popular at home , where he had once- overcome a large republican majority and secured the election as mayor of Beatrice on a prohibi tion platform. Kretslnger arrived In the city during the evening , accompanied by a number of workers. lAIleu In favor with Douclnn. Among the Douglas county populists there is a movement to push forward W. V. Allen as their candidate , although some of them frankly admit that this will be only to use up time and prevent a nomination until the situation should clear up a bit. One prominent man who halls from Ous ter county , in speaking of the contest last night said : "If Holcomb Is nominated It must be on an anti-pass platform , and from past performances the Indications are that ho will have hard work to live up to this platform. The Ouster county populist con vention adopted stringent anti-pass resolu tions , pledging the delegates to vote against any candidate who rode on passes. Holcomb was present at this convention , and through his Influence the populist pa pers of the county have been prevented from publishing the resolution. Tbls pass j business , and the action of Holcomb's brother who took part In the anti-fusion democratic convention In Ouster county last week , leaves anything but a good 'decline up In the sand hills country. " Interview * on the Situation. The leaders of the different elements which will go toward making up the three- ring show wore not slow In speaking their minds , and the following are a few of the Interviews secured In the hotel corridors : J. N , Gaffin , chairmen of the populist state central committee : "I believe from what Information I have been able to gather that there Is ibut llttlo doubt that Silas A. Holcomb will be nominated as the fusion candidate for judge of the supreme court. " James C. Dahlman , chairman of the de- ocratlc state central committee : "I am unable - able to accurately forecast the result of the convention , The majority of the democrats seem to want Cd P. Smith as their nom inee for supreme judge. Some are strong for Allen and still others are favorable to Holcomb. " Judge Howard said : "I am opposed to Governor Holcomb In his candidacy for the supreme judgshlp , not on personal grounds , but because I believe In consistency. I op pose him "because " I could not consistently support a man who has continually placed himself under obligations to the railroads by accepting free passes. I oppose him be cause of his record In the governor's chair , because of the house rent steals , because of many things which be did while occupying the highest position In the gift of the people ple of the state that were unbecoming to a populist officeholder , The democrats pro pose to nominate Ed P , Smith for supreme judge and wo will do It , although It may take a long time to accomplish the desired end , I'd P , Smith Is the strongest man that could be selected. Hd Is the Idol of the democracy of the state as well as those populists who believe In rigid honesty. Ha Is strong for the further reason that be can get more votes from Dickinson , who will undoubtedly be the republican nominee , than any other man In the state. No man can get more votes In Douglas county than Smith , for the people swear by him. They admire him because he Is not afraid to call a thief a thief , nor a gpado a spade. Ho is not In any sense an ofllceseeker. There Is no opposition to Smith among the demo crats and ho will recclvo their solid sup port. " 4 { Charts Wooster of Silver Creek , an ex- member of the legislature , nnd a delegate to the silver republican convention : " 1 am ' opposed to Holcomb. ye can't afford to nominate a man who \\III put us on the do- tcnelvo during the campaign. I will support Judge Maxwell , Senator .Allen or any other reputable fuslonlst In preference to Hol comb. " L. B. Fenncr , a member of the democratic delegation from Buffalo jcounty : "Tho Buffalo " falo county delegation "is solid for Ed P. Smith for supreme Judge nnd we will stay by him until ho Is nominated. " < W. H. Wcstover , Judge of the Fifteenth judicial district , who Is a delegate from Sheridan county to the populist convention : "Governor HoPomb will be nominated by the conventions , I think that ho Is the only man that wo have to nominate for the place , and a stronger candidate wo could not find. I don't believe that Ed Smith will permit his name to bo used In the democratic conI I entou ! and the democrats have got to fall . In line for Holcomb. They can't afford to I hold out against him nnd I 'bellevv that a vast majority of them will bavo - enough to know that they should not permitI themselves to be swayed by one or two men who are the leaders In this opposition simply because they have personal grievances against Governor Hofcomb. " John G. Maher , a democratic delegate from Dawcs county : "I believe that Hol comb will be the fusion nominee ns I do not believe the democrats will bo able to j center upon Smith or any other one man. " | E. S. Eves , a populist delegate from Holt county : "We have not formed an opinion on the supreme judgship situation yet. Several of our delegates believe that Sen ator Allen should be nominated despite hli expressed determination not to accept the nomination. Our delegations , however , have a personal Interest In Jbo ccnvcutlon , Inas much as wo have a candidate for the nomi nation for regent of the state university In the person of Dr. A. T. Blackburn of At kinson , one of the prominent democrats In Holt county. " One of the Interesting figures In the con vention today will bo Mrs. M. E. Parker , a populist delegate from Sheridan county , where she Is county superintendent of schools. There Is only'ono ' Instance on rec ord where a woman lias attended a state convention before , and that was several years ago when there was a female dele gate from Cherry county to a populist con vention. Mrs. Parker Is something of n po litical worker herself and says that she In tends to take a stand In the convention for everything calculated to promote the Inter ests of fustonlsm , which includes loyal sup port of Governor Holcomb's candidacy. An enthusiastic Holcorab democrat said last night In speaking of the situation : "It Is easy to discover the cause for 'Billy' Oldham's oppposltlon to Holcomb. Oldham was a candldlato for the appointment as dis trict judge In 1896 , when a ; vacancy was caused by the election iof Judge Green to congress , but GovernorjHolcomb bestowed the honor upon , H. M. ulllvan of Broken Bow , and Oldham has been 'sore' ever since. Ho Is trying to 'get oven' now , but I be lieve that his attempt will be blocked most effectively. " Judge Edgar Howard was closeted with Holcomb at the latter's suggestion during the early evening , but the Interview re sulted In nothing nnd Howard's opposition took on renewed vigor during the night. HoIoomb'M Stnr.ojy tlic Wane. ' * liite last night the 1tfeti'Holcom.b demo crats held a meeting1 that was quite largely attended. An effort was made to decide on a plan of action and also to agree upon a candidate. It Is understood that Ed Smith wae the man selected to receive the early votes , a later move to be made in favor of W. V. Allen , who It is believed can be prevailed - vailed upon to accept the nomination. The Douglas county populist delegation held a meeting last evening and called Hol comb Jn to get his views on the anti-corpo ration platform that nod been adopted by the county convention. One feature of tbls platform was a. declaration In favor of a di rect appeal to the Judiciary for the regu lation of corporations in the absence of legislativeenactment. . Holcomb was asked to pledge himself on tbls platform , but after a siege of an hour declined to endorse it. Ho told the delegates that they ought to nominate him unpledged and on the strength of his being "an honest man. " This was unsatisfactory and It is said that tbo delegation will almost unanimously op pose his nomination. LIVES ARE LOST IN HURRICANE Sixty PemoiiH Are Said to Have Per- liihcil In Storm Alone the Carolina Coaitt. NEWBORN , N. C. , Aug. 21. Reports to day from the coast of North Carolina , where the West Indian hurricane touched last week , show that there were a large num ber of lives lost and much damage done to property. Fourteen fishermen in trying to cross Pamplco sound In skiffs were lost. Four bodies have been rocovered. The schooners Goodwin and Aurora were wrecked. The TJ. R. Hill Is ashore. The Beswick and all hands are reported lost. These losses all occurred In Pamllco sound. It is believed that aa many as sixty persons lout their lives In the storm. DEAD BODIES FOUND AT PONCE Twenty-Fire Hundred Ilve Entl mated to Have Been I-ont In AVeat Indian Hnrrlcaue. PONCE , P. R. , Aug. 21. It is now esti mated that 2,500 bodies of the victims of the recent hurricane have been 'burled ' , that over 1,000 were Injured In the atorm , and that 2,000 are missing. There are opportunities here for Invest ors. There Is the greatest lack of money for repairing damage , replacing and replenish ing stocks. The alcaldes appointed commit tees for the distribution of relief stores , etc. , but the military authorities objected to It. Ponce IB healthy , though bodies continue to be found In the fields. The authorltle * have decided to "burn " the ruins of Yabuco. HASTINGS GIRL IN ASYLUM Defendant 111 Xeliruiika FoUonliig Dune In Confined In Sanitarium for CuiiHe Not filvcii. JACKSONVILLE , 111. , Aug. 21. Miss Vi ola Horlocker , who is under $23,000 bond to appear in Hastings , Neb. , next month to answer to the charge of poisoning , is a pa tient at Oaklawn saultarlum here , under the name of Mies Allen , Her physician Is Dr. F. P. Norbury and he and the superin tendent refuse to say anything about the affair. 'MovemeiiU ' of Ori-an AV * eln , iAu c. 21 , At New York Arrived 'Amsterdam ' , from Rotterdam ; Bovlc , from Liverpool. At Bremen Arrived Frledrich dor Grosse. from New York via Southampton. A.t Glbralter Arrived 'Aller , from New York and proceeded for Naples and Genoa. At Brisbane Arrived -Arorangl , from Vancouver , etc. Sailed Warrlmoo , for Van couver , At Southampton Arrived Kaiser Wll- helm der Gross , via Cherbourg. At Philadelphia Arrived BelBenland. from Liverpool. . - ENSOR ASKED TO RESIGN South Omaha Oity Connoi ] Qeta After the Scalp of the Executive. CALLS ON HIM TO STEP DOWN AND OUT llenolntlon I'mmcM with lint One Iln- Vote , the Itcnnon lie I UK the Mnjor'n 1'nNltloii on Sniidny Clunlitfr. The feature of last night's meeting of the city council was the demand made by six members of the body for Mayor Ensor's 1m- mcdlato resignation , and the assertion \\as made that unless the document was forth coming shortly Impeachment proceedings would 'be ' Instituted. The following resolu tion explains the reason for the demand : Whereas. The council has , by resolution , requested the mayor to explain his conduct in connection with the Sunday opening of saloons In South Omaha and also to report on the finance committee's Investigation und report of the city attorney's neglect and failure to carry up and appeal several Im portant cases wherein judgments had been obtained against the city , which tnxestlga- | tlon nnd report was referred to the mayor . nnd report and action thereon from him re quested on or before the following meeting of the city council , nnd Whereas. The mayor was requested to di rect the chief of police to close the Twenty- uoventh street bawdy house , and Whereas , the mayor has contemptuously , ' contuuiacoously , unlawfully and without reason or cause refused to make reports ' aforesaid and likewise refused to require ; the chief of police to close said bawdy house , andWhereas Whereas , the said mayor Is guilty of di verse and sundry acts of misfeasance and malfeasance , now therefore bo It Resolved , That the mayor , Thomas H. Ensor. Is hereby requested nnd demanded to resign bis said office at once and to sur render his effects thereof to his successor In office. That In the event the sold mayor falls or refuses to resign his said office as aforesaid , then this council at Its following meeting proceed to prefer against the mayor charges und specifications of Impeachment and to proceed thereafter to try him on the same at the earliest possible moment. Tils resolution was signed by A. R. Kelly. Ed Johnston , H. Cllngen , W. A. Bennett , J. Tralnor and F. F. Fanferllk. ncHolutlon < Jnrrlei . When put to a vote the same six mem bers voted for the adoption of the resolution and It was declared carried. Wear was the only member voting In the negative. Mayor Ensor was absent and President Bennett occupied the chair. Member Fltle was also absent. No comment was made on the resolution either before or after Its passage , bayond the question by Tralnor as to whether the mayor had flled any recommendation In con nection with the request for City Attorney Montgomery's resignation. Clerk Carpen ter replied that no papers had been flled by the mayor and then the resolution asking his honor to step down and out was read. A heated discussion occurred between Member Johnston and City Attorney Mont gomery In connecttlon with the alleged neg lect of the latter In looking after the city's cases In the district court , Johnston assert ing that Montgomery had allowed jjidgment to be secured against the city through neg- Ject and the city -attorney entered an em phatic dental. What might tie called another feature was the report of the Judicial committee on the ordinance repealing the franchise ordi nance granted to the Magic City Electric Light and Power company. According to this report the ordinance granting this fran chise was -passed by the council on April 5 , 1899 but the articles of Incorporation of this company were not filed with the sec retary of elate until May 6 , 1899. The ordi nance was accepted > by the company on April 24th and read and placed on file May 1. The bond was flled April 24 and approVed - proVed May 23. The passage of the ordi nance and the pretended acceptance of the same and the filing of the bond all occurred prior to the date on which the articles of Incorporation of said company were flled with the secretary of state. Report In Adopted. In this connection the committee further reported th'at under the laws of Nebraska no corporation is authorized to do any bus iness except its own organization before the articles are flled In the office of the secre tary of state. The report conclud s as fol lows : "Inasmuch , therefore , as the said corpor ation bad no power to accept the said or dinance when it pretended so to do and had no power to execute the bond when It pretended so to do and aa the tlmo has gone by wherein the said corpor ation may accept the provisions of said or dinance and file a valid bond thereunder , your committee recommends that eald or dinance No. 849 bo repealed and to that end , Introduces and recommend for passage ordinance No. 871. " This report was signed by Johnson , Clln gen and Fanferllk and was adopted by a vote of the seven members present. A number of petitions were read , among them being a request for an electric light at Eighteenth and 0 streets ; the grading of the alley between Twenty-Flfth and Twenty- slxth streets and L and M streets ; the grad ing of Twenty-first street from Q to S ; a sidewalk on the cast side of Thirteenth street from < M to O streets and a fire hydrant at Eighteenth and I streets. All of tbesa petitions were referred to the proper com mittees , The city dork was Instructed to adver tise for bids for the repairing of the west approach of the L street viaduct and the city attorney was directed to commence suit against the Union Stock Yards company and 'tho Union Pacific Railroad company to recover the cost of these repairs provided in his judgment ho considered the city had any show of winning such suits. Considerable routine business was trans acted and an adjournment was taken until next Monday night. MectliiK of Seliool Director * . At an adjourned mdetlng of the Board of Education held last night the resignation of Miss Helen Seefcy as assistant principal of tbo High school was read and accepted , Messrs. Lott and Wyman wore the only members who voted against the acceptance of the resignation , A large quantity of supplies for the High : bool and the kindergarten were ordered. Several contracts of minor Importance were lot and preparations made for the opening of tbo schools on September 11 , Superintendent Wolfe called the attention of the board to tbo unsanitary condition of the closets at Brown Park school , and as serted that something should be done at onco. Thu superintendent wants the closets either connected with the city sewers or else removed from the building. The Smead system of beating and ventilating has been In use In tbls bulMlng , hut a stt-am heating plant Is now being installed which makes It necessary for a change In the closets. It was decided to attend to this matter at the earliest possible moment. Representatives of the Trades Council of Oman a and the American Federation of La bor wcro present and given a hearing. T , B. ( Continued on Fifth Pace. ) CONDITION OF THE WEATHER Forecast for Nebraska Showers ! Cooler. Temperntnrp nt Oninlin > e tordayl GERMAN MINISTRY RESIGNS Uefont of Knlier'n Vet Meniiiro In Illct Followed liy 1'rolinMe Chanuc of l ! < > \ i-rnmciil. BERLIN , Aug. 21. During the afternoon a cabinet meeting was held at the- residence of Prince Hohcnloho , the Imperial chan cellor , and the whole cabinet agreed to re sign. The acceptance of the ministers' res ignations is uncertain. The newspapers of this city recognize the fact that the rejection by the Diet of the canal bill marka an epoch In political his tory of the country nnd point out that the conservatives , for the first tlmo since the formation of the empire , have openly de fied a mandate of their sovereign. The question of the dissolution of the Diet fl a result of the detent of the canal bill Is much talked about , but such a step Is not likely until the tipper house has approved - | ' proved the new civil code. Opinion , , Is ] much divided as to what Emperor William j may do In the matter , many persons be-1 lievlng that the ministry's resignation will i bo accepted. In any case , It Is asserted , the government will have to encounter In the next elections a great moral force , the conservative junkers having hitherto been. Invariably on Us aide. LABORI ONCE MORE IN COURT Ureyfna * AVonnded CJonimel ! Suf ficiently Ilrcovcrcd to Itcnnme the Dcfcime. RENNES , Aug. 22. The second day of the third week of the second trial by court-mar tial of Captain Alfred Dreyfus on the charge of treason began at 6:30 : this morning. Maltro Laborl was 'present. ' Ho drove to the court In a carriage and entered the hall at 6:30. : The audience greeted him by standIng - Ing up and by a general clapping of hands. Maltro Laborl walked quite briskly but holdIng - Ing his left arm close to bla side In order not to disturb the wound. Ho mot General Mercler and General Billet In the middle of the court room , stopped , chatted and smiled. Laborl Hooked very well. Ho was given a cushioned arm chair. Mme. Laborl , looking well , was also In court. Laborf was warmly congratulated by friends. Captain Dreyfus on entering smil ingly shook hands with Laborl. Colonel Jouaust addressed a few words of congratulation to Laborl and expressed the profound Indignation of the tribunal , at the attempt to 'assaBBlpate the counsel. Laborl was much moved and thanked Colonel Jouaust In an eloquent speech. OLYMPIA LEAVES LEGHORN Cruller with Admiral Ucwey AVI1 Ar rive In French Waters To morrow. LEGHORN , Aug. 21. The United States cruiser Olympla sailed from this port today. James A. Smith , the United States consul hero ; came aboard to pay his respects to Admiral Dewey Just previous to the de parture of the war ship. PARIS , Aug. 21. The United States charge d'affaires , Henri Vlgnaud , has gene to Vlllefranche to receive Admiral Dewey , who Is expected to arrive there tomorrow. NEW UNIVERSITY IN DENVER AVUl ot George AV. Clayton ProvldeH More Thau Million Dollar * for Institution of Learning. DENVER , Colo. , Aug. 21. The will of the late George W. Clayton was filed for probate this morning , and provides that almost the entire estate shall bo devoted to the estab lishment of a new university in Denver. The will Is a lengthy document and describes the proposed institution In de-tail. It is to par take of the characteristics of Glrard college , Philadelphia. Tbo trustees are to bo pubM * ) officials , including the chief justice of the supreme court. The will was made In 1882 , since which time Clayton's estate has shrunken in value greatly , but more than $1,006,000 will yet bo available for the uni versity. Judge Moses Hallet.of tbo United States district court is named as executor ot the estate. NINE SOLDIERS ARE DROWNED HatTier Ilrrn1cn In Mldntrenm and Haft CupHlxen In the Swift Current. MANILA , Auc. 21 , EUO p. m.-AVhlle a reconnoltorlng party of the Twenty-fourth Infantry , under Captain Crane , was crossing the Marinqulna rUcr on a raft today the hawser broke. The current , very swift at that point , caused the raft to capsize , drown ing nine enlisted men. The- United States transport Tartar , from San Francisco , July 24 , with General Joseph Wheeler and his daughter , troops of the Nineteenth Infantry and more than $1,300- 000 in coin , has arrived. AVcHtern 11 re Chleta Mturt Kant. CHICAGO , Aug. 21. A score of flro chiefs left Chicago today for the national con vention of Are chiefs to be held at Syracuse , N. V. Those In tbo party wore John Redcll , Omaha ; Dennis Sweeney , Chicago ; John T. Black. Duluth ; George C. Hale. Kansas City , Mo. ; Thomas O'Connor , New Orleans ; L. H. Norman , Kansas City , Kan. ; James Dovlnc , Salt Lake City ; George Kellogg , Sioux City ; C , 8. Woods. Evansvllle , Ind. ; J. R. Canter bury , Minneapolis ; Chief Swlgley , St. I/nils ; Samuel Harrison , Evanston , 111 , ; James Folt-y. Milwaukee ; Fred A. Woods , Cedar Rapids ; D. O. Larkln , Dayton , 0. ; James C , Dougherty , Terra Haute , Ind. ; W. K. Rob erts , Denver ; Arthur Bassett , Fargo , N. D , Sympathy for IllK Four INDfANAPOLIS , Aug. 21. P. M. Arthur , chief ot the Order of Railway Engineers , who is In the city to confer with tbo Big Four engineers , nays he U in sympathy with the demands ot the men. He says If the caeo goes before President Ingalla he is confident the president will grant the de mands established by the engineers. Chief Arthur refuses to dlscuia what would be done In case ot Mr , Ingalls' refusing , JOIII-H AVUl Hun Alone , TOLEDO. O. . Aug. 11. Mayor Jones ar rived in the city today and at once began work on a Icttcr announclng that ho would be an Independent candidate for governor , This letter he will probably hand to the press tomorrow . FUNDS ARE PROVIDED Nebraska's Fighting First Will Certainly Bide Homo nt State Expense. MONEY ENOUGH AND TO SPARE RECEIVED Checks and dash Ocmo Pouring in from Al Portions of thu State. SUBSCRIPTIONS FLOOD THE GOVERNOR Congressman Stark and Adjutant General Barry Off for the West. COMMITTEE TO CONDUCT THE BOYS HOME Trnltt AVIII Ienve Snn Francluro Snt- iirilny MornltiR to Itenr the Ilru > o Soldlern Hack to Ooil'n Country . \Knln. LINCOLN , Aug. 21. ( Special Telegram. ) Oovernor Poyntcr tonight Issued the fol lowing statement : "Citizens of Nebraska I am glad to an ' nounce to the patriotic citizens of Ne braska Hint the money for special train to bring homo her gallant First Nebraska res- Iment hits all been sent In. Nebraska will bring her boys homo In n manner bolUUng her high appreciation of their worth nntt j the honor they ha\c conferred upon their state. Arrangements will bo made for spu- clal trains to leave San Francisco next Sat urday morning. Each company will bo re turned direct to their homo station. I have sent Adjutant General Barry and Hon. W. L. Stark to San Francisco to attend to ths business Interests of the state In the con tract with the transportation companies. "I clcslro to thank and congratulate ibo citizens of Nebraska for their prompt ac tion and the splendid manner In which they have upheld the good name of the state. I wish to return In tbls public manner my sincere thanks to Hon. D. E. Thompson of Lincoln , who came to the rescue when tbo cuuso had become hopeless , and showed his splendid faith In Nebraska and her people ple by a pledge of $20,000. I would be glad to thank and congratulate each one of the long list of donors whoso pledget ! range from $1 to $3,000 , but the list Is too long. Sufllco It to say the demonstration Is com plete and Nebraska shows she Is proud oi her splendid regiment. "W. A. POYNTER , Governor. " IlnrlliiBtnn Gctn the Ilnul. Governor Poyntcr tonight awarded the contract for transporting the troope to the Burlington railroad. In deciding between the roads ho was Influenced by the fact that that road can carry all but two of the twelve companies to their original camp headquarters. The Madison and Fullerton companies' ' will be taken to'Columbus , only twenty-five miles from their homo elation. , By 9 o'clock this evening the money re ceived amounted to $36.756. This Includes all contributions received up to that time. There are still many subscriptions that have not been paid In and It Is thought that the total amount will reach nearly $40,000. D. E. Thompson was asked by Governor Poynter to accompany Colonel Stark and Adjutant General Barry to the coast to meet the regiment , but he decided that the pub- lie might misconstrue his motives if ho ac cepted tbo Invitation. A message was sent to General Shatter this evening asking that the regiment bo mustered out Friday eo that the soldlori can start Saturday morning. The different railroads over which they will travel have also been notified to 'have ' the necessary can at San Francisco by that time. Colonel Stark and General Barry will arrive In San Francisco Thursday afternoon. According to present arrangements the troops will ar- rlvo at their respective homes la Nebraska some time Tuesday. llusy Dny for Poynter. Governor Poynter and the entire clerical force of the executive office have been kept busy all day receiving subscriptions and money from all sections of the state and telegrams have been pouring In since Sun day morning announcing other subscriptions which would folfow. The appeal of the governor has met with a noble and patriotic response from all sections and It all tbo money that Is already subscribed Is sent In to the governor's ofllco the amount will ex ceed the necessary cost of transportation by ; neveral thousand dollars. Numerous subscriptions , ranging In amount from $100 to over $1,000 , have been received from mayors over the state and banks almost without number have notified the governor to draw on them tor stated amounts , som of these being their own con tributions and others tor Individual deposi tors. It has been hoped by Governor Poynter and otbori Interested In the project to bring the boys homo , that tbo railroads might ba Induced to offer a reduced rate. In thin re spect all attempts have resulted unsuccess fully , us the three Nebraska lines connecting with the Hlo Grandeat Denver combined and offer a similar rate. Colonel W. L. Stark has assisted Gov ernor Poynter In arranging for the trans portation of the troops and has advised with him concerning other details. Acting upon the suggestion of the railroad repre sentatives , Governor Poynter will send two representatives of the state to the coast to arrange other necessary details nt that enl of the line. These representatives will be Colonel Stark and Adjutant General Barry. Both left thin evening over the Burlington for Denver and will go at once from thera to the coast , IlnniU .Submit Did * . Representatives of the three different roads the Burlington , Union Paclllu and Hock Island , arrived here from Omaha this morning and all went direct to the capltol. It looked aa though they were willing to make some concessions In the matter of rates , but their bids , as dually submitted , were Identically the same , with the sama accommodations and the. name route from San Francisco to Denver , It waa asserted that the Southern PaclQc , running from Sun Francisco to Ogden , hold the key to the situation and that they were powerless to make an Independent rate. According to tbo accepted route the troops will go from San Francisco to Ogden over the Southern 1'aclflo and from Ogden to Denver over the Hlo Grande Western and Denver and Hlo Grande linen. Following Is a copy of the bid lubmlttcd by the Burlington railroad : W. A. Poyntor , Governor of Nebraska. Honored Sir ; In accordance with your ro.