THE OMAHA DAITjY BEE: FRTDAY, MAKCII HO, 1000.
3
I1
BUto Bond of Transportation Again Fnti
Off the Hring.
MESERVE ALONE VOTES AGAINST IT
Attorney llrnernl Stujlli Stun I'p the
Munition In n llrlrf Mittenieiit
I), V, 'riiiiiiipNiin Appi'nlK In
Irrlunllon tunc.
LINCOLN, March 'J9. fSpoclal.) On mo
tion of Secretary of State Porter the State
Hoard of TmnifjiortHtlon thlx morning con
tinued the rate caoes iiendlng against the
Union Pacific; the Chicago, Hock Island &
I'acific, and tho .MlMailrl Pacific railroads
until Juno I. All voted ayo on tho motion
to continue but Treasurer Moaeive. Tho
case ngaliut. tho Klkhorn Railroad company
was continued until April 3.
Members of tho Hoard of Transportation
pent several houre djtcumlnK the casow be
fore a vote was taken' on tho motion to con
tinue. Mcserve held that the board should
proceed utidcr the law of 188" and enforco
tho rates ordered Bcme time ubo. The other
members, however, were of the opinion that
no action should bo tnken until aflcr It
was demonmratcJ In the courts whether tho
rallrocds could bo held to tho provisions of
l!ho maximum frolght law.
Thin dlscuudon gave Attorney Oencral
Smyth an opportunity to make an explana
tion. He BKld that In 18(13 tho Mlfsourl Pa
clfic and Hock Island railroads had brought
fiult In tho federal court to restrain the stnte
from enforcing the maximum rate law. The
fttato prepared answer to their nulls, ho
eiild, but tho cases progrtHsed no further.
Tho attorney general asked the board to de
termine whether ho should proceed against
tho roads for violation of tho maximum rate
law. following up the tilts now pending In
tho supremo court, or to attempt tho en
forcement of the board's 10 and 5 per cent
reduction order. He nald ho was confident
tho maximum rate law would bo declared
nppllcahlo (o tho roads sued. Conditlonu, ho
said, had chnnged and tho rate that was de
clared confiscatory at one time against ono
road uculd not bu so declared today as
porlalnlng to another road.
Treasurer Mecrvo voted agalnpt Secre
tary IVirter's motion becnuse. he said, he
had no confidence In the mnxlmum rato law.
H f-ald ho wanted the uulckrtit possible
determination of whether nr not tho board
had a right to Issue orders.
.S in. v tli .Sum it ip.
Attorney General Smyth nan summed up
tho status of tbo railroad rato litigation as
follows:
"Tho board Issued orders some months ago
against all the roads In the state, command
ing them to lower their ratts on live stock
Khlpmoats, .I per cent on hogs and 10 per
cent on cattle. Tho Chicago, Hurllngton &
CJunlcy cot a temporary restraining order
from tho federal eouit restraining us from
enforcing our order, on the ground that wo
Jitd no right fo to do under the Interpreta
tion cf tho maximum Height rate law hy tho
ftupremo court. Thin order Judge Munger
refused to mako permanent, but ho did allow
tho road to niipcrscdo his decision on an
agreement to perfect their appeal within
ton days. Thus, tho board has no right to
act so far an tho Hurllngton Is concerned
tintll tho decision of tho federal court of
ppenls,
"Suit has already .been brought In tho
supreme court of tho state against tho Mis
souri Pacific, tho Union Pacific and the Chi
cago. Hock island & Pacific railroads for
violations of the maximum freight rate law
of ISM. The board neciires its right to
lnstlo and enforco orders from a law of 1897.
Tlw Newberry law, passed six years later.
Interfere with the exercise cf authority by
tho board as relates to thoso roads still
lubject to the provisions of the later law."
Thonipnoii l-'llrn nn Ai.pcnl.
D. R. Thompson nan appealed to the Slate
Hoard of Irrigation from tho decision of
Secretary Wilson In refusing to grant an
other hearing on his application for water
from ho I'latto river for an Irrigation
canal. Hearing on the appeal will be be
fore the beard Wednesday, April 1. The
questions Involved In the cafe as It now
stands nre of a legal nnture, bearing upon
tho extent of authority and Jurisdiction
of tho secretary of tho board. Mr. Thomp
son claims that tho secretary exceeded his
authority In making certain demands upon
him In connection with his application
for tho right to uso water from the Matte
river nnd that ho was In error In refus
ing to grant a rehearing In his applica
tion. The appeal of Mr. Thompson will prob
ably reopen consideration of the claims of
tho Fremont Power and Canal company and
tho Seymour Park Power and Canal com
pany of Omaha. Tho Fremont company
proposes to construct a canal for power
and Irrigation purposes, from a point near
Hlnwood. In Hutler county, to Fremont. The
routo of Mr. Thompson's proposed canal
begins at the same point and terminals
also at Fremont, but docs not traverse the
same terrlt.ny. The Seymour Park com
pany applied for permission to carry water
still further down the Platte river. All
claims but that filed by tho Fremont com
pany wero rejected hy, (ho secretary of tho
Hoard of Irrigation. Mr. Thompson had
filed a protest nnd wns given a hearing be
fore tho clnlm was allowed, as were nil par
ties Interested In appropriating water from
thin particular section of tho Platto river
A few days after his claim was rejected
Mr. Thompson filed a motion for a rehearing,
which wns granted, the hearing being set
for August t. 1890. On that day Mr. Thomp
son did not appear and his motion was over
ruled. The records of the Irrigation ofllco
show that ono reason for overruling the
motion for rehearing was that Mr. Thompson
had formally refused to furnish Secretary
Wilson with necmsary Information concern
ing his proposed canal, it Is further stated
lhat a Held engineer In the employ of tho
itato had survoyed tho courso of Mr. Tliomp
lon's proposed cannl and had decided that
tho project was Impracticable for tho rea
ton that tbo canal trnvcrsed land too far
ibovc tho wnter level. Two days after the
vcrrullng of the motion Mr. Thompson
lubmllted a brief In support of his con
tentions, nstortliiK that the secretary had
no authority to demand tho Information he
had asked for concerning tho canal prior
to tho allowance of his claim nnd In sup
port of this claim ho cited a section of the
Irrigation law which provides that no work
shall be done toward the appropriation of
water until after tho clnlm Is approved by
tbs Hoard of Irrigation.
.11 ti eh (.'iirrefipnnileiiei.
Quite an extensive correspondence has
been carried ou hy Secretary Wilson nnd
Mr. Thompson concerning his claim for
water nnd not being ablo to securo the de
sired concessions Mr. Thompson has ap
pealed to the hourd proper.
In tho protest, filed with tho secretary
Mr. Thompson contends thai tho Fremont
company has been grnnte.1 tho prlvllego of
using more wnter than It deserves ; that If
it uses all that has been allowed there will
not be enough left In the Platto for other
Irrigating or power purposes. The caso Is
julto un tmportant ono In that It may re
mit In reopening the controversy between
the three claimants,
Tho Pacific Kxpress company today filed
in answer to tho petition of tho citizens
of Hlue Springs protesting against the serv
ice accorded them by that company and the
Adams Express company. The petition al
leged that both companies refuted to deliver
xpress consignments to citizens of Bluo
Springs, Tho Pacific Kxpress company ad
ults all tbo allegations lu I bo petltlou, but
asserts lhat the net business done at that
town would only a llttlo tnoro than pay the
expenecs or maintaining a city delivery
wagon. It Is however, denied that tho two
companies hnvo entcted Into a corrupt pool
for tho division of all profits resulting from
the business transacted at Hlue Springs.
SOUTH OMAHA BOY A WINNER
Homer I'll) (on Or In I'lrjit Prize In the
IIIkIi ."elionl llrelniuiitory Con
lpl nt Wnynr.
WAYNE, Neb.. March 2D (Special Tele
gram.) The North Nebraska declamatory
contest held at the opera house last night
was well attended nnd "was of nn Interest
ing character, as tho contestants were very
evenly matched. Thorp wore two contest
ants In the oratorical, three In tho humor
ous and eleven In the dramatic class. Tho
prlies consisted of gold medals nnd were
awarded by tho judges as follows:
Oratorical. Maude Hello Hleo of Ncllgh,
first, nnd Juno Walters of Hloomflcld, sec
ond. Dramatic. "Tho Arena Scene" from
"Quo Vadls," by Hccner t'nyton of South
Omaha, first; Ocorgla Fonts of Fremont,
second, and Hoy Conrad of Arlington, third.
Humorous, Maude Tannehlll of Norfolk,
first, and Edith H. Fay of Fullerton, sec
ond. Tho ceond session of the North Ne
braska Teachers' association wns begun nt
ft o'clock this morning nt the opera house
nnd was called to order by tho presiding
officer. At this session the most Interesting
paper was read by J. L. Kllllon of Wlsncr
on tho subject, "Tho General Improvement
of Teachers as Effected Through Sectional
County Meetings for Academic Study." A
number of o'her Interesting papers were
also read nnd discussed. At the aftornoon
session the following papers wero of un
utual interest nnd were thoroughly dis
cussed: "English Literature Below tho High
School." by J. II. Miller of Lincoln, who
was unavoidably absent, but the paper was
tcad before tho association: "Literature In
tho Hl?h School." Superintendent William
J. Williams of Columbus: "Technical Eng
lish, Its Place nnd Value" Prof. W. W.
Wutcrs of Petersburg. A number of other
ablo papers wero also read.
Threo hundred and eighty-six teachers are
enrolled, the largest number ever enrolled
at any meeting In tho history of tho as
sociation, and there would have been many
moro had tho weather been moro favorable.
There Is alto tho largest number of county
superintendents nnd prlnclpnls of schools
present, nearly every representative edu
cational man In tho district being In at
tendance. Tho proceeds of tho declamatory
contest and lectures nre lnrgc and the as
sociation will bo able to pay all expenses
and leavo a good banance In the treasury.
Norfolk was selected as tho place for hold
ing tho next annual meeting and the fol
lowing officers wero elected: Dr. Wolfo of
South Omaha, president; Superintendent
Sunderlln of Tekamah, vlco president, and
Miss Williams of Norfolk, secretary and
treasurer.
Vlmltorn Cut Knell Other.
FREMONT. Neb., (March 20. (Special.)
A' cutting scrapo occurred about 7 o'clock
last night at H. Ingram's farm oast of Fre
mont. Mr. Ingram gavo a man nnd woman
who came thero In n covered wagon permis
sion to camp opposite his house for tbo
night. Hcforo they had unhitched another
mnn camo up nnd tho threo soon got Into
n lively quarrel. Tho new arrival pulled a
gun and threatened to do up tho others.
After a lively tussle Ingram disarmed htm.
Ho then drow a big dirk kntfo and Jumped
onto tho olher fellow, who had but ono leg.
Iugram Interfered, but before he could sep
arate thorn the one-legged man had some
bad cuts'on his hand and arm and was well
disabled. Ingram then went to town after
the Bherlff. When they returned some time
after dark tho entire outfit had gone.
Swindler World I'lnttmiioiitli Women.
PLATTSMOUTH, Neb., March 29. (Spe
cial.) Recently a handsome, well-dressed,
smooth talking young man made his appear
anro In this city nnd did a nourishing busi
ness for a few days. He carried a large as
sortment of beautiful samplrn of silk and
whllo canvnsfiliig told tho womfrn that he
wan advertising for a houso In Chicago. The
firm had Instructed him to only sell one
pattern to each person, na ho made tho low
prlco of 23 conts per yard, but they must
pay him fl down. Ho stated that he would
forward tho mcney to tho house and they
would send tho goads within a few days.
The purchasers aro still looking for the
silk.
AVonilniPii nme Finer for I'lcnlc.
PLATTSMOUTH, Neb., March 29. (Spe
cial.) The annual meeting of the delegates
of the Casa County Log Rolling association
of Modern Woodmen was held In this city,
ono delcgato being present from each of tho
twelvo camps In tho count-. It was decided
(o hold tho next picnic In this city next
fall. Last evening twenty candidates be
camo members of Cass camp, No, .132, after
which an elegant banquet wns enjoyed by
about 200 members and visitors from other
camps.
finllty nf Aiding Jnlt llrenkern.
DAVID CITY, Neb., March 29. (Special.)
Fred Androws, about 18 years of age, was
arrested yesterday on a complaint charging
him with aiding nnd assisting Richard
Smith and Oliver Stevens to make their ca
capn from the county Jail -although no ea
enpo was made. Andrews confessed his
guilt nnd gavo the names of others who as
sisted him in procuring the file, b.iw nnd
other toolK nnd in tho night handed them
In to tho prisoners.
Snlelile of MIn MeNnnnniiiii.
LINCOLN. March 29. (Special Telegram.)
Anna McNanaman, a 19-yeur-old girl who
recently camo to this city from Omaha, com
mitted suicide this afternoon In a house of
lll-fnmn nt 712 M street. Tho dead woman
wns tho daughter of Martin McNanaman,
for many years a resident of this city, but
now living nt Twenty-seventh nnd J
streets In South Omaha, Tho woman had
frequently threatened to commit suicide.
.MrrtliiK of llnnkir'n I'ulnii.
ASHLAND. Nob.. March 29. (Special.)
Ashland lodge, No. 119, Hankers of the
World, held an open meeting hero last
night at Hetlson's hall, which was filled
with members and friends. A musical and
dramatic program was rendered by homo
talent, followed by an nddress by W. N.
Seeker of tho Ashland Gazette. Deputy
ItUo from Omaha spoko on the Bankers'
union.
It ti t it Kiillmrc tl liy Sncnv,
WEST POINT. Neb.. March 29. (Special.)
Tho ralnv weather of the last threo days
has been followed this morning with a se
veio frost and later by a flurry of snow.
This has put a stop to outside labor and
farm work. Nearly nil the acreage of cats
hao been seeded, but as yet very little wheat.
Tho ground Is In prime condition for fann
ing operations as soon aa the weather mod
erates. CREIGHTON. Neb., March 29. (Special.)
About two Inches of moisture has fallen
here. It rained rjutte hard all day Mon
day nnd two Inches of soft snow fell. This,
the farmers claim, Is a great benefit to the
small grain which has been sown.
I)nt for County Convention,
DAVID CITY. Neb.. March 29. (Special.)
Tho republican county central committee
met hero yesterday nnd called tho oounty
convention for April 21 to elect delegates
to tho stato and congressional conventions.
Illrvnlnr CIiiiiik,i llnnitn.
LINWOOD, Neb., March 29. (Special)
Charles Lang sold hl elevator nnd coil
yards to Nye-Schneldcr company of Fremont
today.
ALMOST READY FOR THE JCRY
Horlccker Caso About Ended So Far as
Argument ii Concerned,
ATTORNEYS SPEND THE DAY TALKING
McCrenry Will I'lnlnh Thin .MnrnliiK,
After Which the I'iikp Will
lie I i' ii to the Tnchc
fur Decision.
HASTINGS, Neb., March 29. (Special
Telegram.) Tho fate of Viola Ilorlocker,
who has been on trial during tho last Un
days on tho chntge of hnlng attempted lo
kill the wlfo of her employer, Mrs. Charles
F. Morcy, by sending her a box of poisoned
candy Juno 10, 1899, will soon bo entirely
In tho hands of tho Jury, as nil the at-
torneys have completed their arguments
with tho exception of State's Attorney Mc-
Creary, who will resume and finish his ar-
gumcnt In the morning. It Is tho general
opinion that tho Jury will fall to ngree or
else tho defendant will not bo convlctwl.
Counsel for the defense were notified that
they would not be permitted to diverge from as It was In Morey's hands to shield the
tho testimony that had been given. This defendant by destroying tho candy. Hut he
somewhat "spiked" Hatty's gun, ns he In- ; did not; he held It so that sho may be pros
tended drifting along the lino of Eva Stew- ccutcd. And yet this deed was done all
art's sensational testimony, which had been
stricken out.
Iluunn Hemline.
Attorney John M. Ragan resumed his nr
gument to the Jury this morning. Ho said
thai, whon hn. hH n..l W. nl. , ,,!
,,.ij , ,. ,,. . . ,, 7
arrived at tho Morey period, up to the
it,. , "
T,hs f v tKCntCrMl ,h T m,CC f
Tlhbcts & Morcy she was an erotomaniac.
Moroy was a handsome young athlete, a
perfect man, an Adonis. Tbcuo two peoplo
meet. He d d not know what Mr. Morey
said to tho girl when they wero alono In his
rooms, alono on tho Hlue. but ho did know
tho phys cal condition of the defendnnt up
to the time Bhe met him. The defendnnt
wob desperately in love with the man, tho
fact that sho was insano assisted her In fall-
Ing In lovo with a married man. Ho then
drew comparlsonn of various kinds which
showed how tho craving, tho Impulse was
stronger than the will power. Ho said there
aro 2,500 handsomo maidens In this city ' two things to consider. First, If there Is
who would not havo fallen In love with a single doubt that tho defendant com
Morcy, because ho Is a marrlcvl man nnd mttted tho crime, and, second, If there Is a
they are not Insano. If ho could he would single doubt as to tbo sanity of the girl
lay bare every secret of the girl's life. Tho then tho defendant must bo given the beu
ntatc had neglected to mako an effort to ' cfit of that doubt.
find out who the two women wero who wero
seen In tho fiats closo to Mrs. Moroy'u door
about tho tlmo tho nccuscd was supposed to
havo been there. Could tho Jury semi tho
young girl to the penitentiary to shield Mr.
Morcy? Ho said he would not say that tho
man had put the witness up to attempting-
to pouon nis wuo occause no tnougni mai
Inhuman, nnd a most diabollcnl and das
tardly crlmo of which he could not bolleve
any human being guilty.
Ho asked If man was a moral coward and
ei woman is braver morally than man
Man Is always ready to stand up and sny
lt was tho fault of tho woman beauu2 she
tempted him. Look at tho goad character
of the girl. Sho grew tip from n humble fara-
lly, Itwrned music, entered society and be
came a leader of church choirs. Does It
ucom possible that she could have been In
her right mind when sho mado an attempt to
poison Mrs. Morey, especially In the mnnner
In which sho Is accused? If tho evidence
wero true tho defendant might Just as well
havo advertised In the papers a day before
that sho was going to poison Mrs. Morcy
the next day. '
Arncnlc for Suloldnl I'nrponca.
Ragan again impressed It upon thrmlods
of tho jurors that the auentc the accused
purchased was for the purpose of taking her
own life and not to knead Into candy. The
defendant Inherited nn Insane suicidal im
pulse which had been proven by experts
and asked If the Jurors could send the poor
girl to prison. They could end the girl to
pr'aon, but they could not stamp upon the
minds of the people that sho Is a criminal.
Ho gavo a graphic description cf how years
ago the peoplo u.iod to torture Insane peo
ple, thinking that they wero possewsed of
tho dovll. He. know tho difficulty of showing
Insanity to a jury pnd If ho had the p:ver
ho would not mako the Jurors sympathetic,
but he would epen their minds and give them
light. He cited how tho king of England
had been killed by a maniac and the court
snld if 'ho was Insano at the time or was
compelled to do the crime by some power
over which ho had no control he could not
bo held responsible.
In drawing tho curtnln on his argument
ho begged to havo tho Jurymen remember
that thore was no proof that the girl was
not Insane. If they had any doubt the de
fendant had taken the poisoned candy to
Mr?. Morey's door, or It they had any doubt
that sho was Insane, or had a diseased mind,
lt was their duly nnd a duty they owed tho
stato to pronounco her Innocent.
Attorney IIiiIIoh'm Pirn.
Attorney Will Button followed for the
ftate. Ho called tho attention of tho Jury
men to their duty nnd said the attorneys
for the defendant had ns much as said: "Wo
didn't do It, so wo'ro net guilty; and If wo
did do lt, wo ale not guilty." He eald de
fendant hnd nttrmptcd to rover up her
tracks nftcr sho committed the crlmo Hko
any sano person would do. She loved tho
darkness better than the light after tho
crlmo had neon committed. Ho told how
tho defendant had been traced step by step
and there could bo no douht na to her guilt.
And overy step taken showed that defendant
was sano ond the testimony cf tho experts
was simply to tho effect that Hhe may havo
been sano nnd Bho may havo been Insane.
Mr. Ragan said tho moth should not linger
around tho flnmo nnd ho therefore wanted to
say to Judge Ragan that a crime should not
havo been committed, but It has been and lt
is tho duty of the Jurors to do their duty nnd
see that tho guilty aro punished as the law
demands.
Unity llPKln to Tnlk.
Attorney R. A. Batty began his argument
by speaking of his deep sympathy for tbo
defendant. Everything no far shown ngalnst
defendant wbb circumstantial ovldence.
This" led to explanations of how innocent
people hnd been convicted by circumstan
tial evidence, nnd ho showed tho danger
thoreof. Tho circumstances nround tho girl
wero such bh to point her out as the guilty
one, and yet no ono had soon her do tho
crlmo and nothing hnd been proven that eho
did do it. If there was a slncln .innht in
Ihn mltirla r t .tin l,,,c . 1. . '
,mu ........o ...u juiuto, imvii itio prisoner
nt tho bar should go frco. He said that to
bo accused was not to be convicted.
Tbo question for tho Jury was to say
whether tho defendant was sano or Insano.
Tho Jurors had heard all tho expert tcsti
mony nnd their testimony nniBt be weighed
nnd considered
If It hnd not been for the
expert testimony Introduced by tho stato ,
there would have been no need of nny nt- j
tornoys to defend tho accused, hut sho
would now tie free and at liberty. They
must value all expert testimony nnd to glvo
equal credibility. If this was done they
would find that five competent men had ex
amined tlw defendant and had said that on
the 10th day of April. 1S99, tho girl was !
crazy.
t ii-,,.,- ii.i . .u.
Mr. Batty called attention to the manner
In which the accused had dono the. rrlnm
as tho stnto said sho had done, and e.
plained that If such wero tho caso the ac-
tuned could not have been snne a tho time.
At this point court took a recess until 1:30,
when Batty resumed, speaking upon tho lr-
rcsistibio impulse of the nccused. Somo
people havo an Irresistible Impulse to leap
l'w.ii tui ii i i-amiiuie IIIinuiFe lO leap
over a precise when near It nnd the the-
ory of the state's attorney was when a per
son hns such an Impulse he should keep
away from the declivity. Ho told of how
Gulteau had been judicially murdered for
killing President Garfield. When nfi exam
ination was made of the brain It was found
to he diseased. The defendant had come
Into the world half made up with a dis
eased brain Inherited from her mother. She
did the best she could nnd deserved tho
pity of all who know her. Ills argument
became pathetic when he told how tho de
fendant bad sat upon tbo witness stand
and wrung her hands and wept bitter tears
when nsked where she got the lock of hair,
to which she replied! "I cannot answer; I
cannot answer." This was an object les
son that would follow some of tho Jurors
, to their graves.
! Mr. Hatty described the defendant as be
had first seen her going to school In her
shorty dresses or Bitting upon her poor old
father's knee and then spoke of her now
being persecuted as sho was was enough to
i mako his very heart bleed.
Thnt I.nvcWlTnlr.
i Mr. natty told of the love affair between
the defendant nnd Mr. Morey. but before
telling of It ho said ho was not telling It
I with malice toward Mr. Morey, but lo show
i why tho accused had done the deed, If she
(did do It. There was no effort to shield
! tho girl nnd he would not shield Mr. Morcy.
, for the love of him. He could see
her
pleading with tears of blood from her heart,
but Morey turned his head and helped to
put tho wheels of justice In motion to pun
ish her. Ho did not know of any law thnt
....... 1 1 . . . ,A i . . . . i ...
""n:iiru -Mr. ..luir lu oil. mruug.iuill. hid
tr'al tn"t h s presence might strengthen
, . .. " , , .
tho testimony. It was tho breaking off of
i 'he love affair between the defendant and
' M Mo ,nat ,,rove hcr , do tho t ,f
sno M ,t A , a sano mlm, m nt
rccclvo a nsu,t and fae wouI(J rescnt ,t
bllt nn lnBano perMn waud rcgcnt lt by
committing nn awful crime.
naUy accu,cd tho stato's attorney of mak-
B misstatements for tho purpose of mis-
leading tho Jury nnd said that ho was push-
nR tij0 Caso with all tho unfairness he
would uso In a petit lnrcony case. Mr. Mc-
Crenry objected to this ns being untrue
and Judge Adams wns compelled to warn
Batty to be careful In his zeal.
Batty, In concluding, said there wero but
.SteveiiN SpenUn.
John C. Slovens made tho closing re
marks for the defense. Ho said It was a
Bt)rIous thlng for a man ,0 slt upon n Jury
,0 dc(Ie of tnc ,belonglngs of ono be-
lonf.a ,0 anothcr. But If this In serious Js
t not moro g0 t0 pa8S llpoa tno lfe of a
, woman. No man has over yet been created
who cannot err and who may not bo mis
taken and lt tho Jurors aro to mako a mis
take they should err on the sldo of the de
fendant. Tho state's attorney had placed Dr.
Cook upon the stand to prove that Mrs.
Morey had been poisoned nnd then In the
next breath said the defendant wns not In
sane, when ho had heard Dr. Cook testify
upon tho stand and say that the defendant
was Insano beyond a doubt If she com
mitted tho crime. Ho urged lt upon tho
Jury that If they accepted the testimony
that Mrs. Moiey had been poisoned they
would have to believe that the defendant is
Insane. '
Ho called attention to tho manner In
which tho crime had been carried out. A
criminal Is not made in an hour and the
defendant did not become a criminal be
tween the 7th and 10th of April last. If the
defendant did do the deed It wns not Viola
Horlock'er that did' lt, 1&t,a machinery that
was guided by an Insane Impulse.
Mef'renry IlcKlna llln I'len.
Prosecuting Attorney W. P. McCreary
began the final argument nt 4 o'clock. He
took up tho enso from tho time the crime
was committed and criticised tho attitude
of attorneys for tho defendaut.
Ho then rovlowod tho case as prcnented by
tho evidence. In doing so he told of the
defendant's conduct when discovered near
llr.. Morey's door by witness Miss Belle
Rand. But for the fact that Miss Rand
appeared upon tho sccno Just as the da
fendant was In the act of doposltlnc tho
candy at Mrs. Morey's door there never
would havo been any evidence against tho
defendant.
Tho Jury waB warned not to bo burdened
by the thought that the defendant was In
sane simply because she committed tho
crime. If a lawsuit such as this were af
fected by sympathy It would be a miscar
riage of justice. Ha held the card hearing
tho name of Nolllo Klrby, also "home-mado
sweets," ns tho strongest evidence against
the defendant.
A pathetic scene followed when tho at
torney told In voice of pathos how tho sla
ters of tbo accused had reached tho pin
nacle of famo In New York with their art
and music, which was caused by tho con
stant efforts of their poor mother to hnve
hcr daughters mako a mark In tho world.
Ho pictured that poor old mother now tot
tering to an open grnve, with the finger of
! and accusing her of having brought Into
this world a degenerate, Whllo this word
picture was being painted tho accused nnd
her sisters wept bitterly nnd moaned in a
most heartrending manner.
Mr. McCreary will finish his nrgumcnt In
tho morning, after which tho Jury will bo
Instructed.
ThlevoK Knler Ijiinihcr Yuri!.
CHAPMAN, Neb., March 29. (Special.)
The lumber yard of tho Chicago Lumber
company nt this plnco wns entered by thieves
Tuesday, night and a quantity of lumber
takon. Bloodhounds wero placed on their
trail and they followed It for seven miles,
where It wns lost on ncrount of bad roads.
The thieves are still at largo.
(Vntnil Committee MertliiK.
WEST POINT, Neb., March 29. (Special.)
Tho chairman and secretary of the re
publican county central committee havo
called a meeting of that body for April 6,
when tho date of tho county convention will
bo Bet.
LOAD GOAL FOR ROTTERDAM
Kipet'tetl Olher I, a rue hhlpuipnln Will
lie Mnile to .VpthcrlniiilH In
tht- .riir Future.
PHILADELPHIA. March 29. The Prlnco
Koystone lino steamer Dutch Prlnro Is tak
ing ou a cargo at this port of 500 tons of
bituminous coal for Rotterdam, This l bc
lloved to bo the first consignment of soft
coal from Philadelphia to the Netherlands
and It Is expected that other larger ship
ments will bo made In tho near future.
From all parts of Europe, which heretofore
hns been supplied by countries other thnn
tho United States, orderH for shipments of
ccn' havo been received by merchants here
recently. Exports cf ccal from this and
other North Atlantic ports to the Mediter
ranean still contlnuo to be heavy.
Tno Women Die nt Kill.
PLYMOUTH. M hhh., March 29,-Mrs.
I'Vllellv IVrknnl illpil nt thr hnmn it line
today, aged '10.T years ! monthx and 16
limy, umu vtry rcceimy ner mum was
I clour and her health eood.
I NEW voiik. March m m fiinrim- iiv.
Hand Is dead nt her homo In Orange. N. J.
!,.5-ed. J03. '1".n4i .For. ,!h? last year of hcr
Ufo sho wns totally blind.
To Ilium for IvIIIIiik lll I'nlhrr.
DEXTER, Mo., .March 29,-EIIJah Moore,
aged 19, who murdered Rev. Joxso Moore,
his father. In this county November 10 last
was sentenced to hang May 10. Ho showed
....v,, r.-,i,uiivr nnn iunir,j,
he'caJo
nu t'liiiiiiuii wnen Fenieiicp was passed, A
TRAITS OF A FIGHTING TRIBE
Sturdy Ece of Indians that Is Giting
Mexico Much Trouble.
CAPABLE OF WONDERFUL ENDURANCE
ninicult to Drnl With When on the
Wnrimlh (iucrrllln AttneU thnt
Inxirlnhly 1'rutc Ulnnstruua
to Soldlrrn.
Tho Interest of the world Is so centered
on tho South African war that the war In
the Philippines can occupy but very llttlo
general attention. Still lies Is tho atten
tion given to tho two wars In which Mexico
Is now engaged that with tho Maya In
dians near her ujutbern, nnd that with tho
Ynquls near her northern boundary. Tho
very recent report of a bloody b.ittlo nnd
disastrous reverse to tho national arms In
tho Yaqul country has caused scarcely a
rlpplo of excitement; but under un ordinary
situation of affairs throughout the rest of
the world both these Mexican campaigns
pewess features whl-h would muko them
of Intense Interest. Mr. N. E, Dawson of
Washington gives the Post of that city somo
facts touching tho Yaqula which are full
of Interest, even In the fnco of more ab
sorbing matters.
"About seventeen years ago I was com
missioned by Hon. William Wlndom, then
president of a company organized to con
struct a railroad southward through tho
western borders of Mexico, to visit and In
vestigate the natural resources of that sec
tion of Mexico. Tho railroad as projected
was to traverso the territory of the Yaquls,
as well an that occupied by tho Mayos, a
kindred tribe. On this mltslon I had n
pretty good opportunity to become ac
quainted with tho home life, aptitude and
aspirations of that people. A finer race
physically I do not remember to havo seen.
"When I reached Guaymas, on tho Gulf
of California, the Sonora railroad was Just
being completed to that terminal, and my
first contact with Ynquls occurred In con
nection with my Inquiries concerning thnt
work. General Lo i)c thcn ot California,
nnd head of our Department of Agricul
ture under President Hayes, and others In
tho employ of tho company met mo there,
nnd together wo visited among others Mr.
J. II. Emcrlck, who had charge of the
Yaquls employed In tho work of construc
tion. Mr. limerick was reputed a contrac
tor of wide experience. He bad associated
with Stanley In Africa, nnd had gone to
Australia In the employ of the British
museum. He had been employing Yaquis
for three years, he said, nnd found them
moro satisfactory than Irishmen or Chlnn
men, or any other class of workmen with
whom ho had hnd experience.
Of Wonderful Kmliirnnep.
"Their endurance, ho said, was wonder
ful. With a llttlo plnol nnd plnocho
fastened about their waists they would work
from sunrlho to sunset, with only a brief
sleep at midday. If a day's stint wero given
them they would be at work nf p.arlv ilnu.'.i
and without stopping to rest, finish tho stint,
generally getting through the day's work
by 3 o'clock. No Yaqul, ho said, was per
mitted to leavo his own country to work
without tho express permission nf the Yaqul
chief, nnd, no matter how far nwny, the)
all must report on a cortnln day of each
yenr at tho capital 'on the river,' as they
express It and nttend In person the feast
of St. John. Tho chief nt (hnl HmA m-h.
named Cajcml. He maintained a rustom-
nouso at tne mouth of tho Yaqul river and
every boatload f coods sent nut nr i,i-m.oht
Into his country was required to pay duty.
"A few wecltn after this Interview, vhen
off the mouth of the Ynqul on my wny to
Agiatiompo by sen, I counted ceven sails
putting to sea therefrom. The Mayo Indians,
occupying tha vallev
name, and adjoining tho Yaqul country on
tno soutn. wore also subject to Cajcml. They
should not bo confounded with tho Mayas,
tho trlbo at war In Yucatan.
"I met thoro the now noted mining engi
neer, Hammond, and his wlfo. The mem
ory of this meetine recall. Mm
General C. P. Stone, also oftervard ron
splcuously Idcntlflod with Afrlcnn events;
Sam Hrennan, Duko Oulnn, Cclnnel Fitch,
General Pacheco, Count Zachany nnd others
now more or less rnmous, who hnd much
to do In their day with tho Yanuls nnd their
country. Stone wrote forty-two years nco:
'Tho lands Mirveyed in tho Yaqui, Mnyo and
Fuerto river valleys aro rich hevnn.1 .!
mate.'
"On the advent of tho Spaniards the
Yaqul Indians were tho most
powerful race In northern Mexico. They
wore then, as now, when unmolested, an
exceedingly peaceful people. They tilled tho
eon ami raisen largo crops of grain, and
even Indulged In somo of tho minor manu
factories, making nn excellent grndo of pot
tery, nnd weaving blankets and woolen
fabrics, which they exported or traded with
their neighbors. Slnco tho Spanish con
quest, wherever they have been left to
themselves, they hnve lo.nalnpd nn Inde
pendent, self-supporting people: but that
Inherent faculty for onnresslnn ami vtn,..
tlon, everywhere characteristic of the Span-
ian people, decimated their numbers and
drove many of them Into
against tho recognized authorities.
llueer Hut of tlir Vnitil,
"A queer looking homo is the Yaqul's
hut. It 1.1 built of the tirnnrh
oquetoa bwh, a species of thorn. Tho roof
is mado of brush thrown nn th ton in
this home evidently llttlo effort hnn been
made to Keep out tho rresh air, as nne can
sco through tho sides ns easily as through
n Inttlce-work. This is no drawback to the
Yaquls, who for eight montha of tho year
sleep nnd cook outsldo their huts, In " the
menntlmo being used to storo their worldly
goods, which, ns might be expected, do not
amount to much either In quantity or vnlue
a small supply of provisions, some cooling
utensils and a small assortment of clothing
and bedding.
"Some yenis ago the Sonora government
confiscated tho lands along the course of
tho Yaqul river, which had from time Im
memorial been owned by the Yaqul ti Ibe.
Angered at what they considered a birc
faccd robbery, a portion of tho tribe vent
on tho wnrpath, bidding dellanco to the
troops that wero sent against them. For
nearly a quarter of a century has the gov
ernment tried Intermittently to subject this
llttlo band of warriors, although thtue Invn
neon ngain nnd ngain driven from the lower
reachett of the river to the mountains As I
a fighting man tho Yaqul Is a success. Tho 1
same qualities of perseverance and grit
which go to mako him an excellent worl-er
nlso makes him nn enemv nnt in hn ,n. ,
splsed. Time after time have the Mcticin
Jtroopa moved upon them to nettle the l'jqu
question, and each time havo they returnel,
considerably jeduced In numbers. In tie
mountains, whero tho Indians are joi
ouRhly at homo, they patiently nwalt the
coming of the troops, and, distributed willelj-,
each Indian under cover, If only that of a
cactus bush, patiently return shot for ihot
with their enemy. As they know e -cry
foot cf tho country, and each warrior fl ihta
on hln own account with nnvnr n Ihn M
of surrender even If wounded, the soldiery i
get tired of tho Job long before tho In
dians. ,
"When nlcht has fallen thn Vnnult inciu
and In pairs, crawl from one bunch of cactus
to another, unseen by the sentries, whom ,
thoy shoot down, whereupon tho bulk of 1
their forccB, Bllently waiting not far away, I
rnnh up, firing n rapid succession of vol- '
lejs Into the Mexican camp and then as
quickly disappears In nil directions. As
YOU HAVE CANCER
Do not submit to an operation or have it burnt out with plasters, but
send for our book on Cancer and write our medical department for any
information wanted, explaining your case fully.
Canoor is a Cutting "away tho Foro or removing it with
Rl ri nr caustic, tlesh-dcstroying plasters, will not cure a
Uiooa Utscaso (iiscaso that has taken possession of tho cntiro
blood system. That Cancer is a blood disease is proven by tho fact
that it may run through several generations; again, when tho soro
or ulcer has been taken out, it always returns o e e noots
at or near the same place, showing the disease is " ' ""Jf
in the blood. Cur Canoor
"""""""9 flPI LPB ' - ' (loof' 011 ro f"'ifcri because it goes nt It
Wk Bw '" l'u' ''f'" Wl-V' ft1100" t,llt tlie poison, cnrlchon
k lm, Il t lie blood, xtopi the formation of ciiuccroUH cells),
iB WIH 1IIU' 1US u'akes u complete, pcrtnnuriit cure.
B' flHV iHV W earnestly invite tho correspondence, of nil
Ntr Cancer siiil'civrs.
Address Medical Department, Swift Spixikic Co., Atlanta, Ga.
they do not form Inln n remn.iet hmlv Ihn
.soldiers rarely or never get the satisfac
tion of meeting them In a pitched battle.
t...i. . ...... . ...
uui uuvu to stimuli to a demoralizing sys
tem of guerrilla warfare. After a brief
campaign ot this unsatisfactory fighting, dis
heartened nnd vanquished, tho soldiers re
treat. "Of tho Yaquls on the warpath the force
Is relatively very small, as a rule, and the
fighting strength of tho trlbo Is kept up
by a peculiar method. As soon as the chief
Is Informed by hln scouts that a force Is
ndvanclng to demand his surrender with the
alternative of extermination of his followers
In caso of refusal, ho at once sends out mes
sengers In every direction to tho districts
where ho known bodies of his clansmen
nro nt work. Soon by twos nnd threes they
como straggling in from many quarters nnd
swell tho Ynqul army to respectable pro
portions. After having been nt homo from
their worklong enough to sco the troops
return from the field of operations they go
back to their employers oji If nothing hnd
hnpprned. This fact inny help to clenr up
what appealed to bo only n niirmlno ot tho
correspondent of a New York paper not
long ago, writing from tho camp of tho
Mexican nrmy In tho field, when he nf
firmed: " 'It Is snld by men who claim direct
knowlcdgn of the fact that the Ynquls have
worked In Nognles. saved their wages nnd
bought lilies nnd cartridges for a long time
Ono Yaqul has obtained nnd taken hack to
his peoplo in that way nine rifles and 000
pounds of ammunition.
" 'He may bo a very bad Indian, nnd nil
hln friends to whom ho took rides may he
bad. 'but they nre melhodlcnl In their bad
ness, nnd t does not seem entirely foolish
to supposo they hellevo they had been hndly
dealt with by somebody In tTielr own coun
try. There Is matter for speculation In somo
of thoso things.' "
Iii.II.'I.mI for Killing n Murine.
OALV F.STON. Tex.. March W. -Captnln
H. M. Wuril of the steamer Unwrpncp haw
lircn Indicted for murder In the first de
gree fnr the killing of iMIehnel Nelllgnn.
bnatswnln's male of the gunboat Mnchlns.
nn March 22 and for i hfnult lo murder I'd
wnr.l Nplllgan. llremnti of the cruiser New
York. Following urellmlnnry trlnl Ward
wns ndmltteil to hall In the sum of $3.0m,
but In default wan remanded to Jail. The
Indictment vnrates the hall order. Ward np
rdled for ii writ of hnheiix corpux, which will
be heard tomorrow tnnrnlng.
Snuilliiov In .Mlaxoiirl.
M AnWir.T.t.- on ta ... i
........ , ....... Ill IOll'l III!
1 elect-am. 1 There nre now four oases nf
Miiiiiiltox hi hip inline oi William nnnd-
prntiil a fmw ttiltna nntl,nno, n. nint..l....
nodgrass and threo of his children. Snod-
Mnno, uridine (I, .i. mini l.ver two wceKH
ago nnd his children enught It from him.
Thin makes seven cases now- In Nodaway
i-iinnh-. Ihn nther thcan Kntiir in Mn.,,lll.
The new eases nt Snodgrasses have nil de
veloped wiiuin tne last two days.
FORECAST OF THE WEATHER
Frhlnr In He I'nlr mill Snlurtlny Knlr
ii ml Wnrnu-r Wln.lpi orlh
lo i:nl.
WASHINGTON. March 20. Forecast for
Friday nnd Saturday:
For Nebraska Fnlr Friday: Snturday
fnlr, warmer; north to east winds.
For Iown, Missouri and Kansas Fair
Friday nnd Saturday; fresh northerly
winds.
For South Dakota Fair Friday: warmer
in western portion; Saturday fair, warmer,
north to cost winds.
For Wyoming Fair Friday nnd Snturday:
warmer In southeast portion; easterly
winds.
I, (trill IIppoi-iI.
OFFICE OF TUB WBATHRft nUHEAU,
OMAHA, March W.-OIlielal rerord of tem
perature nnd precipitation, compared with
the corresponding day of tho last threo
rears:
1900. 1S91. 1S3S. 1S37.
Mnxlmum temperature.... JW 31 sa r,S
Minimum temperature 32 2.1 21 l,-,
Average temperature 3 1 27 31 f,2
Precipitation T .01 .oo .07
Ilecord of temperature nnd precipitation
at Omaha for this day and since Murch
J, ijiju.
Normal for the clay 12
Dotliieney for the day
l-.xces slnee March 1 II
Normal rnlnfnll for tho day 07 Inch
Deficiency for the day n7 Inch
Totul since Mnreh 1 1.48liicheM
Uxcess since March 1 12 Inch
Deficiency fnr cor. porlod, 1S91 'Hindi
Deficiency for cor. period, ISIiS , ,21 Inch
Itenort from Stations nt . p. in.
g Ml o
6TATIONB AND BTATE a 3 p-3 -
OP WEATHlCrt. : c 3
: -i . o
n : it a
: ?. ? ;
Omaha, cloudy
North Platte, partly cloudy..
Salt ike, clear
Cheyenne, snowing
Itapld i'y, partly cloudy....
Huron, snowing
Wllllston. clear
Chicago, snowing
St. I.oiiIm, clear
St. Paul, cloudy
Davenport, snowing
Helena, clear
Kansas City, cloudy
Havre, clenr
Hlsmarck, clenr
Calvcston, partly cloudy
Ill
T
.00
.00
T
T
.02
.00
.10
.ft)
.00
.11!
.00
.00
.110
.00
T
32,
ni
2SI
301
30j
2S
.12
46
40!
321
4K
12'
32
61
T Indicates traco of precipitation.
H. A. WI3I.SII,
Local Forecast Official.
TRY GRAIN-0! TRY GRAIN-OI
ffiffa,K?Sf.ro; etvhfTody?lUr,nVa?
iiriniv it without Injury ns well un ih
fna ' r.eh'U,01, " "k "ItAIN-O m
im? im.11-,"'!1 brown of Mo..ha or Java.
" 'Hmado from pure grains, and the
Ssh011?"1110''1 It 'within?
oistreBs. 4 thn prlco of colTeo. 15c and 55.
cts. per package. Sold by all grocer
VIN MARIAN!
MARIANI WINE WORLD FAMOUS TONIC
HHFCHH SrnSTITI'THS. VlnMarlnn!
Is on sale at drug stoles throughout
thn world. Though Imitation may
he considered the highest cninhllmeut,
the public lo especially cautioned against
substitute and Imitations utlcmnleJ,
owing to tho popularity of Yin Marlunl,
WANTKD-luiio ot ma nealth that
rt-l-P-A-N-S will not benefit. Send i conti
to Illpins Chemical Co., Nnr York, for lt
aamplutf i-nd 1.000 testimonials.
noci'i'v s.tMi.MiWoon cai'si i,r,s.
Cures Onnorrhoen. Olenl. unnatural ills
charges In a few days. All drugglHts, accept
only Dorutu, hy mall 1.W, full directions,
Dick & Co.. 131 Centre St , Now York.
HOWELL'S
Anti-Kawf
Is plensant to take,
prompt to rellovo;
safe for all ages;
Buro to cure.
When other fall consult
DOCTOR
SEARLES &
SEARLES
OMAHA.
PRIVATE DISEASES
op MEN
SPECIALIST
We guarantco to cure nil cues curable ot
WEAK MEN SYPHILIS
SEXUALLY. cured for life.
Nightly I'.mKilons, Lo Mnnhood, llydn-eele
Vcrlcoc!le. Gonorrhea, (J lent, Uyphllls, Strict
arc, Piles, Fistula ami Itcctal Ulcers and
All Private Diseases
and Disorders of Men.
STRICTURE and GLEET mST
Consultation frco Call ou or addreaa
DR. SEARLES ii SEARLES,
up So. nth St. OHAHA.
BUFFET LIBRARY CARS
Best Dining; Car Service,
JOBBERS & MANUFACTURERS
OF OMAHA
DRY GOODS.
M. E. Smith & Oo.
tsitftrsaid lokkrsf
Dry Goods, Furnishing Gjgds
AND NOTIONS.
BOILER AND SHEETIRON WORKS
hrake, Wilson '
u & Williams
Kiirernnnm AVI I mm ,V Drake,
Manufacture boilers, smoko Btncks nnd
brcochlnKs. pressure, rtiiilcrlnc, nhoep dip
lard nnd wnter tnnkg, boiler tunes con.
rtantly on hand, second hand hollera bought
and nold. Special nnd piompt attention t0
lepalrx In city or country. 19th and I'lorce.
ELECTRICAL SUPPLIES.
Uestern ESaGfrica!
V Company
Electrical Supplies.
Ietr!o Wlrlnir Hells nnd (las LIcrKtlnn
a. W. JOliNHTO.'J Mcr IClf tinwurA ni
BOOTS-SHOES-RUBBERS,
D merican Hand
1 V Sewed Shoe Co
M'frs J Jobbers of Foot Wear
"Miim jkaiMTf ron
Thm JoMpb Bonigan Butter Oo.
CHICORY.
The American
Chicory Co.
Qfwm ut Mnnrccturrt of all (oru ot
Cfrleorr Omh.ynminl 0'Vl'
SAFE AND IRON wORKS
'he Omaha Safe
and iron Works,
G. ANDItliKN. Pmn.
lliiiies aipoclaltv of
J? 73 ESCAPES
4nd tlurirlar 'roof Snftn un t Vnu t liiinrs, tito.
urn n tm, . oi.,bUn, Nrli.
ELEVATOR SUPPLIES
H. Davis & Son
Klcvntor Hydraulic and
nun u Lie vntors
Klovator Safety dates. Klovator repair.
IriK a specialty. leather Valve Cuph for
Llevntora, Knglncs and I'rlntltiK PrcneH
Davis& Cowgill Iron Work s.
MANITAf'TI IlHItH AND JOIIHUItS
or MAC'IIINIJUY
GKNRHAI. ItKPAIItlNfl A SI'IKMAI.TY.
I HON AND IlltABS I'OI'M)RIH
l,OI, ir,(i;i mill irii. .litiiliHiin Street,
Oliuthil, .tell. Tel. n:is.
E. Zubrluklc, Auunt. J, li, Cowglll, Mcr.
V
