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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (June 21, 1901)
The Omaha I Daily Bee. i:st.aju.ihi:i:d .ruNE a?, i87i. OMAHA, FRIDAY MORNING, JUNE 21. 1901-TEN PAGES. SINGLE COPY FIVE CENTS. DENIES THE INDIANS Equity Court Turni Down lhir Applica tion for Rottmining Ordir. WYOMING LANDS TO OPEN AT ONCE Freiidint'i PrtcUmation to Bt Fortboomiag Within Tin Dtj3. YHY JUSTICE BRADLEY KEEPS HANDS OFF Gomidin JuJiciirj Without th Right to Interfere CONGRESS THE ONLY COURT OF APPEAL f runner i:inetinent it InJiirliniN the , llemedy Cnn Only 111! .Supplied by the I.eRlslntlve llmly Knelt. WASHINGTON. Juno CO.-Justlcr Brad ley, In the equity court todav, denied the nppllcatlon of Lono Wolf and otner in dlans for an order on the secretary of the Interior to rcstruln him from opening the Klowii. Comimche ami Arapahoe lands In "Wyoming for settlement. While not going Into the facta of thu tune, the court r.ciu that the case wns puiely a political ono with which the court had no power to deul Counsel for the Indiana Rave notice of a epcclal appeal to tho district court of np penis. Now that tho caso Is decided It Is believe! that tho president In about ten days will Issue hla proclamation opening to settle ment tho Kiowa, Comancho and Apache and Wichita lands. Judge Bradley htjd thnt If the net of June 6, 1900, la violative of th.o treaty of 1S68, tho remedy rests with conprcss, not the judiciary. Ho said that the right of tho IndlanH to the roiorvatlon 1b a possessory one only; that tho wrong. If nuy, threat ened by the execution of the act of Juno 6, 1900, Is n wrong to tho trlbo as a tribe, and that no Individual member will BUffer-nny Injury which will not be shared In common by the other members. The do clslon declares that the suit cannot he maintained by members of the tribe as In dividuals. , Justice- Bradley holds that theso Indians aro tho pupils or wards of the nation; that the duty providing for the maintenance, civilization and education and of protect ing and caring 'for them rests upon the federal government, and Is committed to Its legislative or political branch. Ha holds that a question whether three fourths of tho adult male Indiana signed tho agreement, etc., was presented to congress; that the ratification by congress Is neces sarily a finding that tho nrgecment was assented to by the requisite number of In dians, and that there was no false or fraudulent representation or Interpretation and tli.it this decision by congress Is con clusive upon tho Judicial tribunals. He further holds thnt an act of congress and a treaty are, under tho constitution of tho United States, upon an equal footing; that an act of congress will repeal a prior In consistent act of congress; that the making nnd enforcing of treaties are, undor our constitution, committed to tho political tranches of tho government, nnd that the Judicial tribunals of tho country aro with out authority to enforco treaty stipulations, or to grnnt redress for wrongs Inflicted by their breach. DARK FOR JESSIE MORRISON Evidence Introduced by Her Attor ney In Murder Trial in Ituletl Out. KANSAS CITY, June 20. A special to the BtP.r from Eldorado, Kan., says: Thus far tho second trial of Jesslo Morrison on the charge of murder Is very much against her. The defense has not Introduced evidence, of any consequence to support Its claim of sclf defenao. Tho keen Interest which tho ac cused woman takes In all the rulings of tho court and the testimony of witnesses showB her anxiety. V'hat Is considered a very Important point was gained by the state this morning in the Tefusal of Judge Alkman to admit as ovl deneo the clothing worn by Jessie Morrison on tho day that sho Is alleged to havo given the mortal wounds to Clara Castle. This clothing Is cut and bloodstained. At tho first trial It was all admitted to the Jury, while tho clothing of Mrs. Castlo was ex cluded. At this trial tho' situation Is tho reverse. By nenrly all of their witnesses so lar introduced the attorneys for Miss Morrison havo sought to bring out two facts that Miss Morrison showed no unusual cmo tlon on tho mornlns: nf .tunn i,nfn-. tv. killing of Clara Castle and that none of tho roeniners of her family had ever nn tho razor which Miss Morrison Is supposed to Jime iitcd. Judge Alkman ruled continually that questions on on effort to bring out testimony of this kind v.rn nhi.u.iiniiki. Miss Morrison was In tears frequently morning. Her stepmothor and broth era wero on the stand nnd while they icswnea tho prisoner often wiped her eyes iWhllo ho was on the stand this morning Judge H. H. Morrison, a venerable old man described the Injuries which Jesslo Mor rison received during her strucclo with Mrs. Costln. There woro, ho bald, two long cuis on ner neck, deepest In the loft side one- on th.i breast, cutting through to thi collar bono, ond threo cuts on the arm bo tweon tho shoulder and elbow. Miss Mor rlson's attorney asked Judgo Morrison wha statement hli dauchter hurt nmrin ivh, ,. returned to her home, after the fatal visit to mo nome oi uun Castlo. Counsel for tin atate objoctcd and tho objection was sus talned, Jesslo Morrison took tho stand In tho arternoon In her own dofouee and In reclt Ing the story of her fight with Mrs. Castle fcroko down and wept. Tho court room was literally jammed with spectators. Miss Morrison told of her movements the day of tho murder. $he wag solng ,rom ner own nomo to thnt of a friend's on jn passing Mrs. castlo, tho latter had rappea on the window and called "Jess .omo nore, i want to speak to you," Sho related the conversation that, foil Mrs. Castle, In which the latter accused ner. or running after her husband. i.'inii Mrs. Castlo hnd called her a liar and struck at ner throat twice with a razor. Mlei Morrison said she screamed and drow away Then Mrs. Castle struck her on th hr,.n. and arm with tho razor, they struggled mi ieu io lne floor. Then, Mlsa Morris aid, she got possession of h n.nr "What happened then:" asked the at torney, "Well," said Miss Morrison, tears com log to her eyes, "then I cut her with the ror. HANNA SPEAKS FOR PEACE Mionuly I'i-rpr llnrmnny In Iteptib Hl'iiii It ii lit. nt Ohio County Com eiitlon, CLEVELAND, O., Iuiih 20. Contrary to general expectation, harmony prevailed at the republican county convention today. Senator Hannn occupied a scat on the plat foim and made a strong speech In favor of peace between the two factions of the party, "Seldom has there been any campaign," ho said, "of such Importance as last year, bearing on questions of such moment, and this year It Ih the same. It will have great bearing on tho president's work and we should uphold hltn. This year we elect n legislature to chooiu tt successor to my dlstlngi ', -I colleague. Senator Foraker, nnd w? I,;ifi ' unlud In the demand that ho in. "'(' ., rn legislature that chooses his sun,. re-dlstrlct Ohio nnd on this hni. , -.J of at least five members of Ohio's ... ,' atlon to congress. "It Is needless to tell what the repub lican party has done for tho country In tho last few years. It Is not necessary for me to placo McKlnley In first rank of presi dents. Ho Is not only president, but a fellow citizen and frlc:id. If anything would please him It would bo that this talk of harmony la not superficial. For my self, such a wish comes from tho bottom of my heart. "Tho republican party has honored roe beyond my merits. In 1SD6 I felt on tho turn of events hung tho prosperity and the success of our country. New Issues had been raised and many honest republicans were led astray. "No argument Is so Btrong as an object lesson. Tin republican party promised tho country If McKlnley were elected on tho St. Louts platform all promises of pros perity would be fulfilled. They were ful filled. The renewed confidence of tho peo ple enme with tho fulfillment. Let us give notice to the opposition In Ohio and In tho United States that tho republican ranks nre filling up nnd preparing for tho b.Utlo of 1901. Lot this be the notlco to tho stato and tho United States." The nominations subsequently made wcro pretty evenly divided between tho two fac tions of tho party. MONEY DOESN'T REACH OMAHA Tuo lings of It Aiiiuiik I'nellle Ex- li rend Coiiipu ny's IiOnkon 111 StrmiKC Itobbcry. TOLEDO, O., June 20. This afterrioon several fishermen, while strolling along the river two miles south of this city, dtscov ered a large Iron safe on which was tho namo of the Pacific Express company. Tho door, apparently, had been battered In with a hammer. On 'he Inside wero a numhor of empty money bogs and waybills, Tho police and local officers of the ox- press company wero nt onco notified. Tho express clerks stated thnt such a safo was sent out of this city Tuesday night in a through car on the Wabash for St. Louis and Omaha, but declined to say what It contained. There were tlx money bags In the safo when found, four marked St. Louis and two marked Omaha, They do not Indi cate what their contents might have. boon. It is believed that tho afe was stolen Wednesday night, becauso of tho. fact that near tho placo whore It was found a horio nnd buggy which had been stolen ts previous evening were also found. It Is thought that tho men hauled the safe in this rig. It Is reported tonight that the safo con talned $0,000 In gold, hut confirmation Is lacking. ST. LOUIS. Juno 20. Superintendent Ful ler of the Pacific BxpreM company, when scon tonight by an Associated Press rep rcsontatlve, said that he had received no advices from Toledo regarding the safe In cident. If tho property of his company had been tampered with ho would certainly have been advised of the fact. The description of tho safo found In Toledo did not tally with thpso used by the company on Its long runs. These aro bis stool receptacles nnd aro riveted to th floor of the car. Tho lren cafe picked ur at Toledo might bo ono uscti by the com pany between waystatlons. LUTHERANS ARE STILL APART Prof. Schmidt Tells the Nonvenlniis In Convention Whnt mocked the Joint Communion. MINNEAPOLIS, Juno 20. Prof. F. A Schmidt today tossed a bomb Into the meet ing of the Norwegian Lutheran conference It had been hoped that If somo' of tho doc trinal questions could bo harmonized a union might bo easily effected between the present United church and tho old and powerful'Norweglan synod. Prof. Johnson, however, reported without comment that tho Joint commission had sat for threo days and had been unable to come to any agreement. Then Prof. Schmidt nroso nnd as a lone minority In the commission announced that he recognized no authority which could muzzle htm. He stated that tho reports of the United church hold fast to the principle that tbeio was absolute certainty of salva tion which was conditional on the faith and conduct of tho Individual. The Luther col lege theologians would not budge from their position of election and predestination, and neither side would yield an Inch. He asked to bo excused from tho commission, but there wbb not even a motion that his re quest should bo granted, The lay delegates will never consent to his withdrawal from that body. Tho committee on nominations reported a largo list of recommendations, which were formally accepted. SHOOTS AT "BfSS" SHEPARD Mexlcnn Anmiln Attempt to Take Life of Mini AVIio Ilenutl lleil AViiNlilnulon. NEW YORK, Juno 20. A special to the Times from El Paso, Tex,, says; Word has been received from Chlahuahua that an attempt has been mado to nssasstnate A It. Shepard, who did so much to build up tho city of Washington during the adminis tration of President Grant. Shepard, after leaving tho District of Columbia many years ago, went to a small settlement In the republic of Mexico, where ho since has been engaged In the mining business, On Saturday, whllo Mr. Shopard was away quite a distance from his mlno at Batopllas, he was shot at by a Mexican In ambush, the bullet grazing his head. Shepard beat a hasty retreat In the direction of the settle tnent, 4? would-be assassin following and keeping up a running fire. Luckily none of tho bullets went truo to the mark and the Intended victim finally reached the doo nf his house. Shepard has great Influence among the Mexicans and Is almost a king In the little town. As soon as the news of tho as sault became known the settlement became greatly excited. The neighborhood wa searched for miles around and the follow Ing morning the assailant was captured. BARKER VERDICT IS DUE Evidence All in aid Only Irgumiatt Art to Com. DEFENDANT'S SANITY IS CHIEF TOPIC Hint nnd Itev. Keller' Mornllty. vrlth Mr. llnrker's Veracity, Are All tliut Last Witnesses Have to Tell Of. NEW YOItK, Juno 20. Tho case of Thomas O. Darker, charged with the shoot ing of Hcv. John Keller at Arlington, N. J ast February, will go to tho Jury In Jersey City tomorrow about 3 o'clock. A verdict may reasonably be expected before night. Ilcforo court adjourned this ovenlng the ev idence was all In and nothing now remains but tho argument of counsel and the Judge's charge. All parties to the Keller-Barker case wero In court In Jersey City promptly today. Be fore resumption of the trial thcro was a whispered conference between Judge Blair and tho lawyers In the case, the subject of which was understood to bo. tho publica tion In several papers of this city nnd New Jersey of what purported to bo a sworn statement by Mrs. Darker, wife of tho al leged assailant, and what constituted, as alleged, tho justification for the attempt upon Keller's life In February of this year. County Prosecutor Erwln opened the pro ceedings by addressing tho court nnd stat ing that tho published story of Mrs. Barker had boon brought to htb attention and he hoped tho court would take such action as It deemed wlso In the matter. Tho county prosecutor said to mako public such a state ment at such a time was a violation of tho line of conduct thnt had been laid down by tho courts In such cases as tho one pending. Mr. Van Wlnklo nf counsel for Barker re- pllod that so far as any contempt was con cerned the press might bo disciplined as the court pleased. Mrs. Barker, he said, had many friends. Sho was not on trial and her friends had tho right to publish any thing they saw fll. Personally ho and his partner, Mr. Wall, and Mr. Barker had nothing to do with the publication. Tho court had power to do with the matter In Its chnrgo to tho Jury ns It saw fit. Judge Blair said be would talk to the Jury when thj proper time came. He continued: InvrntlKntliiK the iTimpern. 'There can be no doubt of tho motive of the publication at this time. The court will mako a rigid investigation of this rep rehenstblc act nt tho proper tlrao and it will bo thorough." Miss Louisa Qermond, with whom Mrs Barker has been living ever bIdco the shooting, was the first witness called to day. Miss Oermond said she had seen Barker every day while ho lived In her houso for two weeks before tho shooting. Ho appeared much worried and could not rend. After Robert Wnrner and Frank II. Ben nett, superintendent of the cable company, had testified that they knew Barker as a oulet and neaccable man. Lawyer Van Win kle hero said that the defense closed Its case. No attempt was made to present Mrs. Barker' story of the alleged assault In the form of a hypothetical question to an Insanity expert, as had been supposed would bo done. Rev. Mr. Keller was called to tho stand In rebuttal. He said that on tho morning of the shooting as he passed tho east side of Beach street, Arlington, ho did not see Barker or say to him, "Good morning." This was objected to by the de fense, but the court overruled tho objection, Mr. Keller then denied that ho had seen Barkor beforo he was shot or that Barker had said "You d d villain, you outraged my wife." Keller Denies Dorrowlim Money. "Did you ever outrage Mrs. Barker or attempt to do so?" asked Prosecutor Er wln. The defense objected to this question and Judgo Blair sustained the objection. "Did you ever borrow, 8S from Mrs. Barker?" the witness was then asked. "I did not," he replied. Witness was then asked concerning each Item of alleged borrowed money, and in each case answered that he had not bor rowed tho sum mentioned. Ho said that ho novcr owed Mrs. Barker any money at any time. Mr. Keller said ho had paid money to Mrs. Barker, but It was because of threatening letters sent by Barker and not because he owed anything. The minis ter then denied that Mrs. Barker left tho church because of an assault on her. He said he know tho reason, but on objection by the defense he was not allowed to tell what It was. Mr. Keller then left the stand, the defendant's attorneys having no micstlons to mako on cross-examination, Mrs. Sands, with wnom neuer Doaras, testified that, among many, Mrs, Barker's refutation for truth and veracity was bad. She also said in reply to a question by Barker's attorney that Keller did not pay his board. Keller's reputation for truth and honor, witness said, was good. Three other women and a man testified that Mrs. Dark' er's reputation for veracity was bad. Mr. William R. Fisher, an expert In men tal diseases, testified that' on February 16 ho saw Barker in the county Jail. Barker on the advise of counsel refused to submit to an examination as to his sanity. The witness said that reviewing all tho clrcum stances, tt was his opinion that Barker was cane at the time of the shooting, February 3, and able to distinguish between right and wrong. Witness had observed Barker closely since the trial began and believed htm to be sane. Tlnrker'a Anility Discussed. Dr, John D. McOlll, superintendent of the police board of Jersey City, who accom panied Dr. Fisher when ho went to the Jail to seo Barker, corroborated tho evidence of the preceding witness and said be believed Barker to be sane. Dr. J. Leonard Corning of Now York, an expert In mental diseases, said Barker showed no evidence of Insanity on cross- examination. He would not agreo with counsel for the defense on tho proposition that Barker might have been Insane before tho shooting and have recovered when be saw the blood on Keller's faco. At this point the rebuttal for the state rested. Dr. Evans of Morris Plains Insane asylum, called thy the defense, said he found In his examination of Barker on June 7 ovldence of Insanity, but he has seen no evidence of Insanity In him during this trial. Rev. Mr. Hutchinson of tho Presbyterian church. Arlington, testified that be had nover heard Mrs. Barker's reputation for truth and veracity questioned until after the shooting. It was then called In ques tlon. This closed tho testimony. The defense moved that the photograph of the scene of Keller In bed be eliminated from the evidence. The prosecution withdrew It. The Judge said ho would limit the summing up to one hour and a quarter on each side, Adjournment was taken until tomorrow. Trnnspnrt Ohio Arrives, SAN KnANCIfirO. Juno "1 Tim trsns port Ohio has arrived from Manila with twenty-nine officers and 750 men of the r oriy-cono inianiry. FLASHES DEADLY IN INDIANA Hlectrlc Storm Kills Tlircs, Injures Many nnd Ilentro)n Much ThrotiRliont the Stnte. INDIANAPOLIS, lnd., Juno 20. Three persons were killed and several Injured by lightning during a severe electric storm which passed over Indiana last night. Tbc dead; BEUT HATHAWAY, Idnvllle, lnd. ritlAPt... t AOlftV IK v.,n nf daughter of Harvey Larkln, Riley, lnd. IRA SMITH, YoiingstoWn, lnd. Injured: Mrs. James Langdon, Kohoino. Ind, paralyzed by lightning. lames Parsons and son, Kokomo, terri bly Injured by lightning. Henry Ooodlovc, Idavlllc, stunned. At Marlon tho First Presbyterian church was struck by lightning and badly dam aged. James Rowan's saloon wns struck and partlnlly destroyed. Five men who were In tho saloon were knocked senseless. At Groentown tho loss w'lll probably reach $40,000. At Roachdalo tho building occu pied by tho Roachdalo Nows was entirely destroyed. At Mohtlccllo tho barn ot Bert Hathaway was struck by a bolt of lightning and Hathaway, who had taken refuge In the building, was Instantly killed. The barn and contents, Including seven valuablo horses, was entirely consumed, causing a loss of $5,000. Hartford City wns visited by n terrific wind and hailstorm this evening. Fifty oil derricks were blown don and several bull'JInji wcro damaged, causing a loss of $25,000. COAXING ITALIANS TO COME Snntn Kc Hnlltruy Renins Working Out Its Scheme to Colonise Southern Vnlleys. CHICAGO, Juno 20. The Record-Herald tomorrow will say: Tho management of tho Santa Fc rallway has begun to carry out a vast colonization plan which will result In bringing many thousand Italians to this country nnd in locating them on lands In southern California, New Mexico, Oklahoma and Texas. Agents of the roads have been sent to Italy' with literature for distribution in the various centers of tho peninsula. Theso books are in tho Italian language and aro plentifully Illus trated with views taken from picturesque spots along the line ot the Santa Fo In tho states and territories mentioned. Especial effort Is to be made to colonlzo the San Juaquln valley, which Is ono o'f the most fertile grazing regions In the west. It Is said to be the Intontlon of the com pany to extend its colonization plans to other countries In Europe after the Italian agency becomes flourishing. Regarding tho plan an ofllclnl of the com pany had this to say: "We Intend to bring over only the better class of Italians, nnd we hopo to do a largo business from Italy during the next, year. By establish ing agencies there and having our men on the ground we will bo nhlo to select our Immigrants, to a certain extent, and bring over only those who we feel sure will make homes in tho western country." SHI0T DOWN THE UNION MEN Guards nt Maritime Mines In West Virginia, Ilcpulxc Attack of Striker. MATEWAN. W. Va,, June 20. Strained relations bctweep the union and non-union miners hero have resulted In bloodshed. To day several hundred union miners, who wcro on strike, marched In a body against the Maritime mines of this place, whero non-union men wcro at work. They tried to effect an entrance, but the operators, with twenty guards armed wlh Winchesters ocnina tnem, DiocKea tno entrance, rno non-union miners were headed by Superin tendent Labert and when tho previously warned union men persisted In their de mands ho gave tho command to fire. Fifty shots were fired. Boyd Martin and Riley Johnson were fatally shot and Sam Artrlp was dangerously wounded. The union men did not return tho fire, but dispersed wait ing reinforcements. All the union miners throughout Mingo aro collecting to got here tomorrow. Serious troublo Is expected when they again try to effect an entrance to tho Maritime mines. Sheriff Hatfield, a nephew of the notorious "Cap" Hatfield, is on tho scene with fifty deputies and says he proposes to do his duty. TAKE UP THE I0LA AFFAIR Italian Cansal Wnntu Knnsns to Do Sometlilnar, hnt Stanley Falls to See It. TOPEKA. Kan., Juno i0. Count Roswa dowskl, Italian consul In Chicago for Illi nois, Kansas and other states, has written to Governor Stanley, calling nttcntton to the ejection of twenty-three Italians from the town of Iola by a mob ot American worklngmcn on the night of May S, and requesting that steps be taken to punish the offenders and recover money and bag gage that wero taken by the mob from the Italians. Governor Stanloy, replying, says: "All questions of Internal policy touching these matters must bo taken up with the federal government at. Washington, as under our form of government all powers ot this kind aro expressly reserved to the authorities of the United States." The governor regrets the circumstances at Iola, but states that he has no fund out of which damages can bo paid. As to pun ishment of the offenders, the county officers at Iola have boon Instructed to Investigate the alleged crlmo, nnd, it possible, bring the offenders to trial. WYOMING SOLDIER CAUGHT George Rcker Admits KIIIIiik nnd Narrowly Ml"e l.yuchliiK by a Mob. SALT LAKE, Utnh, Juno 20. A spcclnl to tho Tribune from Rock Springs, Wyo., says that George Eckor, tho Philippine volunteer who shot and klllod Deputy Sheriff C. B. Holden nnd fatally wounded Fred neardpn whllo resisting arrest, was captured today. Eckor admits tho shoot ing. Ecker narrowly missed lynching at tho hands of a mob near Thomas Francis' ranch. Ecker was takon to Evanston to night and placed In the Jail there. LOCOMOTIVE IS IL0WN UP , I nco m 1 n k Kimlne on Chicago Jk Alton Explodes .car Kansns City KiiRluecr Is Killed. KANSAS CITY, June 20. Tho boiler of a Chicago & Alton locomotive pulling an In coming passenger train cxplodod at Blue Cut, fifteen miles east of hero, this morn Ing, killing the engineer, George Grew, and perhaps fatally Injuring the fireman. None of the passengers wero hurt. Grew was scalded to death and Corlwey, fireman, was burned severely. BEE WINS IN MERTENS CASE Suit for Damagti in Sum of $25,000 ii Dimiiitd at Plaintiff1. Colt. NO EVIDENCE OF ACTIONABLE LIBEL tuilKe Ilnxler ttnles thnt The lire's Publication Ilelntlve to Mertens Wns n 1'rlvllCKcil Communi cation, Sot Improper. An echo of tho last city campaign was heard In Judge Baxter's court, In which the suit brought by Ernest Mertens ngnlnst The Bee Publishing company and Its editors for J25.000 damages for publishing an al leged libel with respect to him whllo he wns running for office, was dismissed at the plaintiff's cost. Tho trial of tho caso was begun Tuesday. Mertens wont on the stand to deny the truth of tho statements made In the paper, although he admitted that he had refused to pay his tailor bill, his doctor's bill and his landlord, for various reasons and. had neglected to pay his city taxes. Ho pro duced witnesses, however, to show that he wns nevertheless rated at fair to good credit. In the commerctul agencies' books, Most of the ttmo was taken up on argument on a motion to Instruct the Jury to bring In a verdict for the defendant, the ease against Edward Roscwater having been dis missed by consent ot tbc plaintiff's at torney. Juilfrc Ilnxter Tulks. Judge Baxter, in ruling on the motion, spoke exhaustively on the question of privileged communications, holding that thu occasion ot a campaign made It a privileged occasion for a newspaper to discuss not only tho qualifications of a candidate, but his public reputation and right to the con-' fldence of the people. Ho further held that tho article In question was on Its faco temperately written, giving statements re ceived from reliable- authorities and giving Mertens tho benefit of his excuses for not paying his bills. This constituted It a privileged communication, making It In cumbent on the plaintiff to provo actual malice, and want of probable cause In order to secure damages. Rcvlowlng tho evi dence he showed that tho testimony of Mer tens himself and of his witnesses not only failed to show the existence of malice or that Tho Bee published a willful falsehood, but on the contrary that Tho Bee hnd taken every reasonable precaution to as certain tho facts and convey them to the proper parties who were, by their votes, to make a choice between tho candidates for treasurer. The Judge concluded by Instructing tho Jury to return a verdict for tho defense, making a clear victory for The Bee. WANT ENGINEERING BUREAUS Representatives of Arid West Draft Dill Asking for Their ' Creation. CHEYENNE,. Wyo.. June 20. (Special Telegram.) At a Joint meeting of the state engineers and congressmen tonight, a bill was drafted providing! for the creation by the states In the arid and seml-arld re gion of engineering bureaus, which will plan and construct, subject to the approval of the secretary of tho Interior, all storage reservoirs and Irrigation works. All moneys received from the sale ot public lands shall be held In trust for tho states In which the said land Is sold, except that portion used for school purposes, warrants upon the land fund to be drawn by the state en gineering bureaus. The proposed bill submitted by the en gineers was discussed at length by tho congressmen, but owing to tho small rep resentation of lawmakers present from tie arid states, It was decided to take no action at this time. A committee was ap pointed, however, to call another meeting In Washington Just prior to tho convening of congress at which definite action will bo taken, Tho congressmen present here tonight favored the engineers' bill and It will doubtless bo adopted and Introduced Into congress. ACQUITTAL FOR M. D. BEARD0S Jury Denla with Hon ner Springs Odd L alln WhA Titnt A' viiu ii vvsau a w w a- LkUf Treasure. KANSAS Cm", Juno 20. A verdict of ac quittal was brought In by tho Jury tonight In the trial of M. D. Beardon, a former Bonner Springs, Kan., postmaster, who took a bag ot slugs placed under tho steps of the Bonner Springs lodge hall by Frank Warner, a banker of that city, who had received a letter threatening to blow up his bank with dynamlto unless he placed $1,000 In gold at tho spot. Beardon Is an Odd Fellow and on the night In question bad attended a meeting of his lodge In Odd Fellows' hall. In his statement today bo told frankly of lying behind after the other members had left, of seeing the bag under the steps, of making off with It and being confronted by a guard who shoved a shot gun In his face. Curiosity and nothing else, he declared, prompted him to take the Back. Ho had seen It by mere accident. Ho In sisted that until that night ho had no knowledge of the letter written Warner. A dozen witnesses who had know Beardon for years testified to bis reputation for honesty. PITTSBURG LYER DITCHED Tender Axle Ilrenks, Cnrs Are Over turned and Four Persons nadly Hurt. GREENVILLE, Pa., June 20. By the ditching of the Erlo & Pittsburg flyer at Transfer this ovenlng four passengers wero badly hurt, but none of them seriously. Their names are: Miss Hannah Smith, Greenville. William J. Howard, Grcenvlllo. Mrs. J. H. Snyder, New Castle. Thomas Kane, Jamestown. Pa. Juit aftor leaving the station the rear axle of the tender broke, throwing the tender, baggage car, express car and vestl- buled coaches from tho track and turning them over. Movement of Ocean Vessels, June 20, At New York Sailed Grosser Kurfurst, fhr nremon. via Cherbourg: Aucusto Vic toria, for Hamburg, via Plymouth und Cherbourg; L'Aqultalne, for Havre. At Rotterdam Salled-Statcndam, for Boulogne and Now York. At Liverpool Balled Commonwealth, for Quecnstown and Boston. Arrived Majes tic, from New York: Servla, from New York. At Bremen --Arrived Kalserln Mnrla Theresa, from New York. At Iondon Sailed Marquette, for Now York. At Hamburg Arrived Deutschland, from New York; Patricia, from New York. At Yokohama-Sailed Indravelll, from Hong Kong, for Ran Francisco. At Queonstown-Salled-Germanic, from Ltvcri'uui, lur iicw loric CONDITION OF THE WEATHER Forecast for Ncbrnska-Partly Cloudy I; rids y and Saturday; Cooler Saturday; Southerly Winds. Temperature In O inn hit yesterdnyl Hour. Dcu. Hour. Hew. ft n. ni un 1 p. m S I II n. m (Ml u p. in 7 n. ni ill! a p. it SI M n. ni 'Ill p. m s.1 It n. in It ft p. iii S." 10 n. in 7!t II p. in N't 1 1 ii. in 7ft 7 p. lit HI VI II 7t H p. m 711 II p. in 7H PAT COMFORT DEAD IN TEXAS I'nmoUN Sheriff of South Dnkotn Is n Victim of the Oil Fever Lciiti-x Wife In Omnhn. BEAUMONT. Tex., Juno 20. (Special Tel egram.) Pat Comfort, onco a scout with Custer, later sheriff ot Deadwood, S. D., and afterward sheriff at Pierre, S. U died hero today In the Sisters' hospital, ot stomach trouble. Pat Comfort was one of tho most widely known men In tho north west. Ho achieved a wide reputation as an Indian fighter, and his captures ot bad men while acting as a pcaco olllcer brought him additional fame. Reared on tho plains with tht. prairie for hla homo, he would not sleep In n house and whan he came here to prospect for oil two months ago ho bought a tent nnd lived In It. Whllo Comfort was hundreds of miles from the couutry, where ho achieved his notoriety, his prowess as a scout and an officer preceded him there, and Charles Wll gus ot this city, who drove a stage In South Dakota In 1S78, tells many stories of Com fort's daring. Ho saya Comfort Is thu man who arrested a robber after ho had stolen 150,000 from the FlrsAKatlon.tl bank of Deadwood. S. D., and that Comfort, with two others, killed fourteen Indians on ono raid, whllo In the icrvleo of tho govern ment. "Ko man Is better known In tho Da kotas than Pat Comfort." said Wllgus, "and a braver man never lived." Comfort's wlfo nnd son live In Omaha, but ho had been acparnted from his wlfo somo time prior to his death. Friends of the deceased nro trying to reach his wlfo by telegraph tonight. Comfort was a mem ber of the order of Elks' nnd his body will be burled by that order tomorrow, unless a message from his wife should order tho body sent to Omaha. BILLION DOLLARS- DWINDLE Capital of the (lueen MIiiIiik Com pany of Month Dnkotn Does .Not Ilcneli thnt Flicure. NEW YORK, June 20. (Spoclal Tele gram.) On the doors of two offices In tho big Park Row buildings Is tho sign "Truc-Koll-Young Mining Co." Thore a womnn and a man with n black benrd were found today and they unlocked tho door. The woman said she was Estelle Truo-Nell. She was faultlessly dressed, wears glasses and Is mlddlo aged. "I am ono of tho Incorporators of the 'Billion-Dollar Queen Mining company,' " she said. "My daughter. Pearl Young, nnd Oscar' Kelson am Ihn ntu kti - - v..w ........ 1. . .luinuii D namo was used for Incorporating purposes In Pierre, S. D yesterday. We havo rain ing properties all our business is to buy nnd sell them. We win aeai in goia, sliver and copper prop, ertles and have a number of mines under our control. As for capital, wo have plenty of It. Our business will not bo limited to mining properties. We have iner things going on In tho business world, roil may say that not a dniinr win k handled by us. Every dollar that comes In and overy dollnr that goes out will pass through our banks, "Our company Is not incorporated for $1,000,000,000. Wo had to have n name nnd so called it that. I will give out a lurtner statement on Wednesday." From St. Louis and Kansns Cltv enmn dispatches saying that Mrs. True-Nell was accused there of selling a Joplln (Mo.) mlno whose ownership was questioned. A war rant for her arrest was Issued, but she Icrt St. Louis bofore It was served. Sho was known variously ns Mrs. v. rimivn and L. Zulcych and was called a spiritual ist, clairvoyant and ralm reader. FATHER REGAINS HIS CHILD Frank Weyant of Lincoln Wins Suit for Posaenslon of Baby laughter. NEW YORK, Juno 20. (Special Telo gram.) After a long legal fight for the possession of his 13-months-old daughter Gladys, Frank Weyant, a wealthy ranch owner ot Lincoln, today won his suit In the appellate division of tho supreme court of Brooklyn. The court reversed tho de cision of Justice Maddox, who had dis missed a writ of habeas corpus, Tho child's mother died In tho east moro than a year ago and Gladys was placed lu tho care of her uncle, Henry Weyant of Brooklyn. When she was 6 months old her father decided to take her west with him, but under advtco of a physician, who said she could not stand the trip, her undo refused to surrender her. Tho father then appealed to the courts, with tho above result. FIRST THROUGH HELL GATE Massachusetts, Ciiinmnnileil by Cup tnln Mimney, Kstnhllshes Record for Flrst-Clnns Ilnttleshlps, NEW YORK, Juno 20. Without the as slstanco of a pilot and to demonstrate that a first-class battleship could bo navigated through Hell Gate, today Captain Manncy took the Massachusetts through tho rock Imbeddod narrows. It was tho first tlmo in the history of the navy that any commander of a vessel of this class attempted the feat, and tho river craft and shores were filled with people to witness tho passing of the ship. The passage- of tho mammoth fighting roachlno through tho dangorous waters ot Hell Gato successfully proves that In caso of hostilities with a foreign nation a bat tleship of tho tamo class as tho Massachu setts, If It passed tho fortification at Wll- lott's Point and Fort Schuyler, could re peat thlo performance. GETTING READY FOR KRUGER lloer Sympathisers lu Xevr York (Jo HlKht on Tilth Prepnrntlnii to Hccelve Him, NEW YORK, Juno 20. Prominent Boer sympathuers are actively preparing to re celvo President Krugor when he visits the United States a few months henco. A con forenco of pro-Boers, lasting sovoral days, has Just been held In this city, at which Charles D. Plerco, consul general of the Orango. Freo State, was elected chairman of the reception committee. Mr. Plerco eald today that no definite plans had been arranged so far and thU President Kruger would not reach this country until late In thj fall. NOT BOXERS ALONE ChtfiWi Eipsrt Ehowi Otbtr Killings ginc Frtit'i Otptuie. FIFTY INNOCENT TO ONE GUILTY MAN Ootliis aid Farm Laborirs Sailer for Eoxm' Dtedi. MISSIONARIES REPORT THEIR LOSSES Of ObriitlftiB, Thert Wtre 1G6 Kill.d in One Minion. HOW THE FOREIGN TROOPS BEHAVED Sonic LniitliiK In mid Atxitit the City After Arrival ol Relief Column hut YuuUrcH Held Aloof. WASHINGTON, Juno 20. Tho report of Major (Jcuerul Chun to on the campaign In China has appeared for publication at tho vnr departtucuu Among other matters it contains special reports upon tho Russian, Japanese, French and British troops; also reports on equipment, supplies, etc., ot foreign troops, and reports on dlllercut expeditions. Theso reports wcro made by United Statin olllcer, nnd from a military view they nro of considerable Interest, but all tho main facts havo heretofore been pub lished. Somo of General Chaffee's com ments aro Interesting. At ono point he says: "For nbout thrc-i weeks followlus tho arrival of tho relief column at Peklu tho condition in and about tho city aud along tho lino of communication was bad. Looting of the city, uncontrolled foraging lu tho surrounding country mid sclzuro'by soldiers ot everything a Chluumau might have, such as vogetables, eggs, poultry, sheep, cuttle nnd other articles, whether being brought to tho city or found on tho farms; Indiscriminate nnd general uupro voked shooting of Chinese In city, couutry and along tho line ot march, nnd tho river nil this did not tend, as was natural, to gain for the troops tho confidence of tho masses, with whom It Is certain wo havo no qunrrcl, but who wcro In need of their labor. "It Is safo to say that whero ono real Boxer has been killed slnco tho capture ot Pekln fifty linrmlcss coolies nnd laborers on farms, Including not n few women and children, havo been slain. No doubt tho Boxer element Is largely mixed with the moss of tho population, and by slaying n number one or moro Boxers might bo taken in." General Chaffeo speaks of tho restraint ho placed upon tho American roops. The Jtpaneso commander also mnde It known that general war on all classes was not In tended. General Chaffee says ho opposed entering the Forbidden City unless looting was prohibited. This was agreed to and ho thinks hut little looting haH been done there, though nrllolou 'have been ottered for sale sntd to havo been taken from the For bidden City. Missionaries' Louses, E. O. Tewksbury of tho Congregational Missionary society furnished General Chaf fee tho following list of damnges done by tho Boxers to Chlncso Christians or nd horonts of tho Amcrlcnn Congregational mission as a basis ot settlement: Number killed, 166; houses destroyed, 1SI: monoy, 16,160 taels; land formerly occupied by missionaries, 96 acres; chapels, 19; cem eteries, 20. Major W. E. Cralghlll, reporting on the Russian soldiers, says: "Tho Information gained of tho Russian forces was meager and unsatisfactory. No reply was mado by them to your request for n statement of tho location and character of their force present In North China in connection with tho relief expedition." Ho speaks of tho excellent discipline of the Russian troops, but snys their rations wero of tho simplest kind. "They wero Industrious foragers," ho adds. "They used no tentnge, but lived In huts made ot na tive matting." Major Charles H. Mulr describes tho Jap anese soldiers In detail and concludes by saying: "Ho receives almost no pay, but Is ac tuated by Intonso patriotism. If Japan osn keop the armament and equipment on a par with Its soldiers It Is a most formldablo ally nnd a most formldablo enemy." Major W. E. Cralghlll also reports upon tho French soldiers ns to nrms, supplies, etc., but his commonts, like nearly all others, nre omitted from the publication, bolng represented by rows of asterisks. Lieutenant Colonel J. T. Dlckman reports upon the Germans. Ho says tho German officers nre well educated and the troops under good discipline. The same officer reports upon tho British troops. He speaks of tho painstaking de tail In the mobilization nnd dispatch ot tho expeditionary force. The discipline of tho troops Is cxcollont. He also speaks in high terms of the Inilan regiments. Major W. B. BanlBter reports upon tho medical departments of tho allied armies. One Interesting fact mentioned Is that tho British and Indian woldlcrs are not treated In the field; hospltnl ships aro provided. The Japaneso and German medical depart ments are commended, BRYAN ADVISES MARK HANNA Thinks llepuhllcnn I'urty Should Noiiilnnle HI in for the Next President. CHICAGO, Juno 20. William J. Bryan, In a talk with Chicago newspaper men, said today: "1 am for Mark Ilanna for the re publican cnndldato for president next tlmo and hopo the republicans will nnmlnato him, but I'm not suro I can control their convention." "Who would be a good man for the demo crats to nominate?" was asked. "It's too early to talk about any man for tho democratic nomination," said Mr. Bryan. "I have taken up a life work and bellevo I havo twenty years ahead of mo to carry It out.' TAX FOREIGN CORPORATIONS New York Court Holds Those Llitblo that Do lliislnesa In that Htnte. ALBANY, N. Y., Juno 20, Tho court ot appeals handed down a very Important de cision In the caso of tho people ex rel, A, Kllpsteln & Co,, against James A. Roberts, state controller, that a foreign corporation la taxable on Its cnpltal stock undor the corporation tax law of this state It It tran sacts business In this state, although tho business Is lu the nature of an Interstate traffic. The caso will probably bo carried to the United States supremo court tor final determination I