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LS UKHEI JUNK 11), IS. ,
OMAHA, TIIUKSDAV MOKXIXO, MAliril 31, . 1SI01 TWELVE 1WOES.
SINHLH I'orV TllKEE CENTS.
a. i
BRYAN I EXCITED
-
"
Orjjcte to a Stater, sf.'-J bj Attorney
for Mr ut.
IGNORES THE RULING OF THE COURT
li Ordered to Cit Down and Belapies Into
Eiler.ce.
INCIDENT CAUSES
SENSATION
8peo'.aoalar Eoens Followi Aewrtion of
Judge Kiam.
QUESTIONS TRUTHFULNESS OF LETTER
Declares That the Content of Sealed
Contra a a lent loa Do Rot Repre
sent the Sentiments of
Mr. Bennett. '
NEW HAVEN. Conn., March Sn.-Tha
hearing of thn appeal of William J. Bryan
from the decision of the probate court ex
cluding the IW.nOO "sealed letter" as a part
of the will of P. 8. Bennett was continued
today In the superior court. Judge Stod
dard, counsel for Mrs. Bennett and other
heirs, regarding the admissibility of the
"sealed letter, today supplemented ms
argument of yesterday by a brief address
In which he reviewed the main points,
the Jury bring meanwhile excused. Mr.
Stoddard laid special emphasis on the as
sertion that the courts of this country and
England have never admitted' a document
like the "sealed letter," and he referred
to many authorities and decisions. The
fact that the letter was signed by the
testator makea no difference In Its char-
i-w-T. oh . ii im no pan oi me win.
was noi propariy executed, ana u auowea i
to De entered in tnia court win be contrary
to an law in Connecticut rramca to pro-
hlbit fraud, undue influence and position,
continued Mr. Stoddard.
continuing, Mr. Stoddard contended that
tne teiier was not properly anesiea oy
three witnesses ana was not described in
the will aa being a part of the will. "It is
apparent," he said, "that this puper was
never Intended to bo a part of Mr. Ben-
nrtt'awlll. Counsel for the other side will
say that this paper was contemporaneous
with the will. Where n paper Is executed
at the same tlmo at which the will Is ex.
ecuted why does not the party make II a
part of the will? It la clearly aunarent
that there has been no Intention to do so."
Judge Stoddard quoted from the letter
that part which says that the letter waa
to be read by the widow alone, and asked
Do you mean to say that thla document
was ever Intended to Le spread on the pub
lic records. "read by you alone" T There Is
nothing In thst which can posslhly te
construed as being a technical part of the
testament of Mr. Bennett. It was a letter
of Instructions, the very terms of which
snow mat conclusively.
tVoeetloae Bryan's Sincerity.
A aenaatlonal Incident occurrid when Mr.
Btoddard In the course of hla argument
a m a a m m - . mi . I
aeciarea ma; tne seaiea leuer aia not
.u- .a aia . I
"V'-"- .U".
ilia mnii uiiivii Km vi ini. i i
Mr. sBrye, who had entered the -tmrt
room a short time before. Jumped to his I
feet Immediately and started to apeak,
but was Interrupted by Mr. Btoddard. who
salt with great emphasis that Mr. Bryan
was "hiding behind a subterfuge In thla
Important matter," and that It was
about time Mr. Bryan said . aomethlng.
Mr. Btoddard referred to certain
letters which were suld to have passed
between Mr. Bryan and Mr. Bennett, but
while Mr. Bryan was still trying to get an
opportunity to speak the court ruled that
all reference to the letters mentioned was
Inadmissible at thla time. Mr. Bryan In
sisted on being heard, however, saying:
"Your honor, Judge Stoddard has made a
statement that la contrary to a fact and I
wish to refute It. It must be stated tight."
The court replied: "Mr. Bryan, I should
think that you ought to know that when
the court has made a ruling you cannot
go and break It. Fleaae alt down."
Mr. Bryan thereupon seated himself, and
Judge Stoddard waa allowed an objection.
The letters referred to are said to con
tain an announcement of the Intention of
Mr. Bennett to withdraw the letter he had
already written In which he had expressed
tJVwa wish that Mr. Bryan should have K,-
000 from his estate.
. . .v . ,7v 1 Y Z. " '
P V P I CU I Ita I) MllVUll All illlCTll
time desired Mr. Bryan to have $50,000 In
accordance with the terms of the "sealed
lelter . he had ehaned his Intention and
had he lived ha would sooner or later have
withdrawn the letter which la now in con-
troversv
When Judge Stoddard had concluded his
addresa ha waa followed by Attorney
Hewitt on behalf of the am.ellants. who
quoted from several cases. In which he
claimed the same condition existed, as in.
thla case, and made a atrong plea for his
tide,
.Attorney Newton, one of Mr. Bryan's
counsel, argued for the admission of the
'sealed letter" as evidence. He contended
that Mr. Bennett certainly Intended that
the sum of $.10,000 should go to Mr. Bryan.
."Should Mr. Bryan refuse It," he said. "Mr.
Bennett Intended that the money should be
divided for educational and charitable pur-
I,iea. We protest against the charge that
Mr. Bryan la trying to get this $K0.000 for
tilmself, and aa his attorneys It Is our duty
to say that It Is Ms purpose to fulfill the
trust made by Mr. Bennett to the letter."
The day waa taken up entirely by argu-
ments on the question of admitting the
sealed letter," Judge Stoddard concluding
the argument that he began yesterday. He
was followed by Attorney Hewitt, after
M.-K1..N A......r,- k.' .. . v. a ......
for over two hours, showing the relatione
between Mr. Bryan and Mr. Bennett, the
reason for appeals and facta to show why
the admission of the "sealed letter" Is
proper law.
Judg. Btoddard then replied briefly. H,
said for some unsecountahle reason Mr.
Newton wishes to eulogise Mr. Bryan and
tried to impress the court with the fact
that Mr. Bryan did not want the money
for his own financial aid.
"In the letter," said Judge Stoddard, "we
find thst the gift 1. to Mr. Bryan 'or to
bis heirs If they survive him.' Just what
kind of charity Mr. Bryan la in favor of.
whether It Is that which twain, at hom. I
whether It Is that which begins at home, I
am aura I can't tell."
When the arguments were concluded
Judge Oarer adjourned court until tomor
row. Judge Gager will rule on the admts
slon of the "sealed letter" tomorrow morn
tne;.
Advertising; Conaaaay Baakrnpt
BOSTON. March 30 A petition lit bank
ruptvy asalnat Prtttnglll A Co.. an adv
ttaiiig ayem-y of thla city, has been nlrd in
the United States district court bv several
tttiLV;,:pta
"rr i t it i .i Art
BOER LEADER WANTS PEACE
Regrets Proposed Rf prndnrllon
the War at St. Louis
Exposition.
of
KRUOEHSDORP. March 30. -General De
larey, the former Boer commander, ad
dressing a congress of farmers, said today
that he regretted the forthcoming repre
sentation of scenes of the Boer war nt
the St. IOtils exposition, which he said
would he a shameful production.
General Delarey said he wished to bring
to the notice of the world the fact that the
Roers had abandoned all thoughts of vln
dlctlveness towards Great Britain and
that now It aa their privilege to work In
peace.
FIND GREt LING GMLTY OP Ml'RDER,
Charged with Merrier of Roamanlaa
Slager la Paris.
PARIS, March 30. Frederick Greullng.
the editor of an art paper, charged with
the murder of Elise Papesco, a Roumanian
singer, in hla room at the Hotel Reglna,
October 11 last, wu today declared guilty.
The Jury found that there were extenuating
circumstances In the case and Greullng was
sentenced to ten years at hard labor and
to ten years' police supervision.
It was announced from Paris October 11
last that Greullng reported to the clerk of
the Hotel Reglna that a young woman,
Ellse Papesco, a Roumanian singer, had
killed herself. When the body was ex-
mlned by a physician a bullet wound was
foun(, ,n ,he bn8e of ,h. Bku ftnd another
)n ,ne (Pmpie
Grueling was held on the charge of mur
der. According to Glpa Papesco, sister of
the dead woman, Greullng proposed mar
rtage to .nse. claiming ne was ncn. ana
said he was opposed to her going to Pu-
charest to nil an engagement at the Royal
theater.
The murder of Ellse Papesco recalled an-
other violent death In Paris, that of an
American singer, Mrs. Ellen Gore, In No-
vemDer, imc. ttno was iouna aeaa in me
room or jean oe iiyaxewsgy, a singer or.
the Imperial theater at Bt. Petersburg.
Altnougn tne united (States, rencn ana
Russian governments took a deep Interest
In the elaborate Investigations which fol-
lowed, the mystery was never satisfactorily i
ciearea up.
PANAMA SIRFRISED AT THE DELAY
Has to NegotlateLoan Recanse Canal
Money Is Not Paid.
PANAMA, March JO. Great surprise Is
circles here over the
manifested in all
alleged nonfulfillment by the United States
of the agreement on the exchange of rati-
ncatlons of the canal treaty, to pay to
the new republic the sum of $10,0u0,000. It
Is said the delay of the United States to
make the payment has forced the govern
ment of Panama to float a loan In New
York.
WASHINGTON. March 30. The reason
for the nonpayment up to the present time
of the $10,000,000 to be paid Panama on
account of acquisition of the canal terri
tory doubtless la to be found In the fact
that title cannot be taken to the canal and
the lights therein until after certain neces
sary formalities In Paris, whither two law
officers of the Department of Justice have
o-zina v A aaA rVint Via Tla na a nhl mrtm
o, wo., a. i
nanv resiilsrlv eonvevs Its rights and title
- - "
.. ......... ,-..,...w. . ... . ........ .
Pres. on March 3 announced that pay-
ments to the canal company and to the
Republic of Panma would be made con
currently about April 1.
!VTCARAGCA IS BITHO FIREARMS.
i u n u i at I new urirani itiyi i run pa i
Are Being Rearmed.
HAVANA, March 30.-The Nlcaraguan I
government, steamer umpmpe sauea tor
Blueflelds today with 6,000 Remington rifles
purchased from a- Spanish hardware hoiie
here. The Cuban government. In response
to the solicitation of the Nlenragiian gov
ernment for the purposes of this purchase,
had suspended the recent requirement that
firearms In quantities stored In Havana
must be taken to the fortress of Cabanas.
Sanor Ramon Echarreta, Nlcaraguan con
sul at New Orleans, who negotiated the
purchase, said to the Associated Press:
"Nicaragua has Just purchased 21,000 rifles
and 4.000.000 rounds of ammunition from
Spain and expects to buy more."
The consul aald that Nicaragua waa re
arming Its troops, but this did not bode
any fear of a revolution. .
HAIRY AIMS FHOH HOKKAIDO.
Ltttlo Teople M ill Be Exhibited
World's Fair.
VICTORIA. B. C. March 80. The Can-
""""n Pacific Bteamer. Empress of Japan,
"vad from Yokohama today. Among her
Paasengere were a party of hairy Alnua
from the island of Hokkaido, in charge of
ror- Fred Starr, lecturer In the Depart-
nitnt of Anthropology at the University
ol -nicago. ne is to oe in cnarge or mat
department at the 8t. Loula exposition. He
coiiecteo tne extraordinary people among
the mountains of Hokkaido and after much
I persuasion they were Induced to leave
their country for the fair. The men are
small, but well proportioned and have long
beards and Intelligent faces. The women
are handsome and dresa in gaudy cos-
tumes.
CATCH OF SEALS WILL FALL SHORT.
Oaly 210,000 Animals Have as Yet
Been Accounted For,
ST: JOHNS. N. F.. March SO.-The
ateamer Greenland, which haa arrived here
wJth jn.000 seals, reports that the steamer
I Vanguard nas a eaten or n.ouu, tne New
foundland 14,000. the Bloodhound and the
I Ranger 7,000 each, the Southern Cross and
the Diana 6.000 each, the Iceland 4,000 and
that other ships hsve smaller fares.
The outlook Is very unfavorable and It Is
feared that the seal fishery will show the
I Bmnl!tat results for veara. Onlv arm
seals have as yet been accounted for and
the total catch la not likely to exceed
S40.0O), whereaa last year It exceeded Son,-
000.
TTO CAI SF.S Bl LOSS IN WAGES,
Statement Issued by the Federation
of Master Snlaaers.
1.0NDON. March 30.-Charles W. Maeara.
president of the Federation of Master Cot
ton Spinners' associations, today Issued sn
"hauMlv. statement on the "Itu.tlnii f
,h" rotton trade. It shows that the loss to
the "e earners, resulting from the neces-
sity of shorter hours, amounts to $.W.0iiO
slty of shorter hours, amounts to J.VA0X1
weekly or H.K7&.0is since the short time was
started. This amount Is born by 500,010
people. The total loss to the employers Is
?on.(" weekly, natklng thst loes to Lan
cashire $750,000 weekly.
Emperor's Health la Normal.
BERLIN. March SO Inquiries made In
consequence of a report published In Paris
that alarming news had Wen received con-
I cerning r.mperor w imams neaitn. elicit
I ih announcement that the condition nt hia
hrT' '" "or.m,a nd "Port
m omcrs u (uacrcoiiwi. .
PELLETAN ANSWERS ATTACK
Frenoh Minister of Varna Denies Charges
of Inefficiency.
COMMISSION WILL EXAVINE THE NAVY
Probable There Will lie No Change In
the Cabinet, as a Resnlt
of the Marine Cam
paign. PARIS. March 30. In the Chamber of
Pfeputles today the campaign for the op
position against M. Pelletan, minister of
marine, failed to shake the government's
position which obtained a majority of
eighty on a test vote.
After Deputy Lockroy, radical republican,
had concluded the bitter attack which he
began yesterday on the present adminis
tration of naval affairs. Minister Pelletan
replied In his own behalf, denying the
charges made against his ministry and
maintaining that the French navy in both
ships and personnel was at present In a
state of efficiency.
Premier Combes wound up the debate by
di-clarlng that the government accepted
the resolution proposed by the members of
the majority tor the appointment of an
extra parliamentary commission to ex
amine the condition of the navy, said that
owing to the Intensity of party feeling In
the chamber It was Impossible to accept a
parliamentary commission. He said he de
sired an Investigation which would satisfy
all unprejudiced persons and therefore
made the question a question of confidence.
The premier pledged that nil documents
,h,h wni,i in o wnv compromise the
nBtinrml defenses would be communicated
to lho commtsslon. wnich would be ap-
nnlnted without rielav.'
t-v,- mnnnr, c rH.H , a vnt. of sm
fo aR ,, ln(,I(..tll,B ,hRt ther w, b
,,,,. , thB n.Mnt., . r-u n the
r(lmpaiKn a8 against the minister of ma
rnSi
POLITICS IN SALE OF VESSELS
statement Made br Officer of Harnhnrn-
American I Ine
HAMBURG. March 30.-At the annual
meeting today of the stockholders of the
Hamburg-American Steamship compnny a
plan was formed by a number of stockhold
ers to Interpellate Herr Riillln, the director
general of the line. In regard to the re-
Prtcd to Russia of vessels belonging
to the company, but It was explained to
them that political reasons rendered such
a question Inexpedient. The interpellation,
therefore, was withdrawn.
Herr Ballln announced freight rates from
the United States remain very unsatisfac
tory, but that the passenger business con
tinues to Improve.
KIXO AXD 4UEE5 VISIT DENMARK.
Royalty of England Attend Family
Gathering at Copenhagen.
COPENHAGEN, March 30. King Edward
and Queen Alexandra arrived here today to
attend a family gathering on the occasion
of King Christian's Sfith birthday. They
were received at the railway station by all
- i
the members of the royal family, the cab
!, lnCf.. .r.A lll
.
""r mu'T, II T a . J
"'"J"" """"" "
the roysl party entered carriages. King
Edward and King Christian the first, and
Queen Alexandra and the crown prince the
second. They drove to the palace enthusl
asttcally greeted by great crowds.
BHiTigii MUST
SAVE AMMUNITION.
-h.. v,olnrl. . ...... for
Orders to Distant Quarters.
VICTORIA. B. C. March B0. It Is re
ported that the vessels of the British naval
squadron on this station have received
orders from the admiralty to cancel their
quarterly practice firing with the light
and heavy guns, reserve their ammunition
and hold themselves in readiness for In
stant orders to sail for a distant quarter,
presumably Chinese waters. The cruisers
are therefore remaining In or very near
Esquimau harbor.
Emperor William's Itinerary.
GAETA. Italy. March 30. Emperor Wil
liam, on board the imperial yacht Hohen
lollern, left here today for Messina, Sicily,
escorted by the German, cruiser Prlna
Frledrlch Karl.
Aemellus Jarvls Is 111.
TORONTO, Ont.. March 30. Aemellus
Jarvls, the well known yachtsman, skipper
of all the Canadian boats In the contests
for the Canadia'a cup, ia dying her from
tuberculosis.
UNIQUE REQUEST OF WOMAN
While Others Ask Reduction
In
Taxes She Waats Her's
Raised.
NEW YORK. March 80. All records of
the tax department In Greater New York
havo been broken by a woman whose name
has not been made public. She accom
plished this by appearing before Commis
sioner Brady and protesting that her as
sessment was too email. The official, after
recovering from hia astonishment, raised
the amount from $22,000 to $27,000, making a
difference of $70 In the levy. For several
days the commissioners have been busy
listening to complulnts of persons who re
side elsewhere and wished to swear off the
tax here on personal property. Therefore,
the officials were completely tsken aback
by the woman's unique request and en
deavored to secure her photograph for the
department records.
GREAT WESTERN WOULD GROW
Report Made that It Desires to
Bay Greea Ray nail.
road.
LA CROSSE. Wis.. March 30 -Local rail
road offlclala state that the Great West
..n ..Hrnnjl la neffot In tins- for the nur
. .. ., . , , ,. . a
cnase or tne ureen nay roaa, wnirn woum
iH L-.. than fnrmir marl a. lint tr thA Orpat I
Iikes through Wiaconsln from Winona.
Minn. President Stlckney of the Great
Western Is scheduled to make a trip over
Grn Bay ,,. thl, werk
C.DC rDOluT CICTU CTflDV
LtATO rnUM ill I n O I UM I
Promlaeat Attorney of Wisconsin
Meets Death at Hot Springs
After Short Residence.
MAR8HF1EI.D. Wis.. March 30.-A dis
patch waa received here today, stating that
rrank A. t ady, a prominent attorney of
this city and former ass.inbb man. who
I ru iu nu. inoa, .u. .o-
I four weeks ago.' lumped from tho fifth
aory window of a hotel there UU HUT-
i novA ana waa nisisnm unco
WASHES CARS FROM TRACK
Flood
In Mlssonrl Causes Train
Crew to Swim for
life.
riEDMONT. Mi), March 30. Th Black
river hns steadily risen during the past
week, until today It reached twenty-two
feet, which Is five feet higher than any
previous record. The country Is Inundated
for miles; farm bouses have been floated
from their foundations; thousands of feet
of lumber have been destroyed by the
large areas of forests devastated, and, ex
cept by wire, this town Is completely Iso
lated. It Is reported that Rodney Malloy
and his wire and James Mangnn, his hired
man, living four miles from here, have
been drowned. The Malloy homo has been
washed away.
A wave six feet high struck a freight
train near Leeper, threw the train and en
gine from the track and almost drowned
the crew before they could swim to safety.
The village of Mill Spring Is flooded.
Many of the Inhabitants are living on
their housetops and others succeeded In
escaping to the hills.
VINCENE8, Ind.. March 30 The great
Belgrade levee broke today, causing the
worst damn go resulting from any single
brenk. Mini' houses were washed from
their foundations and much live stock has
been drowned. The break Increased the
water at Westport, Where the flood is now
In the second story of every house. The
town has been abandoned. Two-thirds of
Lawrence county Is under water. In many
places twenty feet deep. A hard rain is
falling. .
The damage caused by the breaking of
the Belgrade levee will be enormous on
the Illinois side, although It hns relieved
the Indiana side. Messengers have arrdved
by boats from the flooded districts asking
for volunteers to assist In rescuing the
flood-bound people. ' fdany boats have
started to the repose.
INDIANAPOLIS. March 80. At a special
meeting of the city council today $25,000
was appropriated M make immediate re
pairs of flood damage In the city and an
ordinance was Introduced to sell $200,000
bonds to make further repairs.
Mrs. Elmlra Wright died today from ex
posure during the flood. She died at the
homo of her rescuer, Roy Stratton, aged
IS, who Is credited with saving fifty per
sons from the high waters whose homes
wero flooded.
ARRESTS M0YER ONCE MORE
mm
Colorado Mllltlu Takes President of
Miners' Federation Vvon
His Release.
TELLURIDE, Colo., March 30. Chnrles
H. Moyer, president of the Western Feder
atlon of Miners, who has been held In Jail
here since Saturday on a charge of dese
crating the flag, was released today by
County Judge Waldlaw on furnlwhlng a
bond for $ii00, but was Immediately rear
rested by a squad of soldiers acting under
orders of Adjutant General -Sherman M
Bell. The nature of the charges on which
he Is held by the military has not been
made public.
Sheriff Rutan haa gone to Denver for the
purpose of arresting William D. Haywood
secretary of the Federation, on a warrant
which has been Issued, charging him with
desecration of the flag.
DENVER, March. 7VW HUam T. Hay
wood, secretary of the Western Federation
of Miners, was rrested here today on a
charge of desecrating the flag. He was re
leased by Justice Pynes on a $300 bond and
the case set for April 2. The warrant on
which the arrest was made waa served
before Sheriff Rutan arrived from Tellu
rlde with a warrant charging the same
offense, the purpose being to foil the at
tempt to remove Haywood to Tellurlde,
where he would be liable to be held a
prisoner by the military Indefinitely.
The charge of flag desecration made
against President Moyer and Secretary
Haywood Is based on the issuance of a
dooger ny tne western Federation o
Miners signed by two officers. The back
ground Is a picture of a United States flag
and It Is headed "la Colorado In America?'
On the stripes sre short, sentences com
menting In sarcastic language on the policy
of the government and the military.
DECIDES AGAINST THE DOCTOR
Physician Cannot Mix Own Prescrip
tion In Missouri If Principal
Ingredient Is Whisky.
ST. LOUIS, March SO.-A decision waa
handed down in the St. Louis court of ap
peals today which will prevent physicians
who are also druggists from filling their
own prescriptions when the principal in
gredient of the prescription Is whisky. The
case waa that of T. S. Manning of Audrain
county, who was found guilty of violating
the drug dramshop law and whs fined $100
He appealed on the ground that he was a
physician and also a druggist and had a
right to prescribe whisky as a physician
and fill the prescription as a pharmacist.
The court holds that the requirement of a
prescription is Intended as a check on the
pharmacist, and that If the same man Is
permitted to write and fill a prescription
calling for whisky the check la virtually re
moved, and therefore the Judgment of the
lower court is sustained.
JAPANESE VILLAGERS ARRIVE
Start from Portland on the
to the St. Louis Ei.
position.
Way
PORTLAND. Ore.. March 30. The Japa
nese that arrived on the Portland and
Aslatlo liner Indrupura on their way to St.
Ix-uis. where they will be employed In
erecting the Japanese exhibit, have left
for the east.
A part of the carso brought by the In
drapura la the material for the Japanese
exposition exhibit at the World's fair. It
contains a number of Japan's famous trees,
some of which are said to be several hun
dred years old and only two or three feet
high. Other trees of tho average size are
also included in the exhibit. There are
numerous crates of curiously perfumed
wood that will be used In the erection of
i thA Jnoannan buildlnss at the fulr A nuun
- ----------------- - - .".
iitv or rnnrv wnrK snn nernrnuvA maipr n
I ",r "l" " "' .m.uueu n ine
! fchll"nent.
WARSHIPS F0R ST. LOUIS
Gunbont Nashville Will Escort a Tor
pedo Boat Destroyer to the
World's Fair.
ST. LOUIS. March 30. A letter waa re
ceived today by Mayor Wells from Com
mander John Hubbard of the gunbost
Nashville, now at Pensacola, Fla., saying
that he had been authorized, to announce
to the authorities of St. Ixiuls that the
Navy department tied decided to send a
torpedo boat destroyer to St. Louis under
crcort of the Nashville. These warships
will reach St. Iuis ulxjut April 'a, but it is
not I
kuowu how long they, are to rem hla
i uua,
HEISZE MUST PAY BIG SUM
Montana Copper Kin Fined $20,000 for
Contempt of Conn.
UNDER ARREST UNTIL THE FINE IS PAID
Litigation Resulting- In Deelalon of
Fonr Years Standing and le
Over Michael Davltt
Claim.
BUTTE, Mont., March 30-F. Augustus
Utilize, the Montana copper magnate,
A.' L.. Frank, superintendent of the Johns
town Mining company, and J. II. Trcrlso,
superintendent of the Rams mine, Helnze
properties, were found guilty of contempt
of court by Judge Heatty In the United
States court today In the action brought
by the Butte & Boston Mining company
ngnlnst the defendants for entering the
Michael Davltt lode claim and extracting
therefrom valuable ore on what Is known
ns the Enarglte vein.
Mr. Helnze was fined $20,000, while Frank
and Trerise were fined $1,0u0 each, the fines
to be palil by 11 o'clock tomorrow morning
or the defendants to be taken to Helena in
custody of the United States marshal nnd
confined until the fines are paid. Carlos
Warfleld. another defendant, was found
not guilty and discharged.
The litigation which resulted In F. Au
gustus Helnze being fined today Is of four
years standing and Is over the Michael
Davltt claim, adjoining both the Rams
mine, owned by Mr. Helnze, and the Penn
sylvania, owned by the Amalgamated Cop
per compnny. In the latter part of 1Mi9
the claim was put under Injunction by
Judge Knowles of the United Stntee district
court, both parties to the suit being en
Joined pending declfion ns to title, which
decision Is still pending.
Up to June of last year both parties ob
served the Injunction. Later the Itoin.e
concern, owning the Rarus, began, It Is
nlleged, to mine the claim In open violation
of the court's Injunction. Federal Inspec
tors appointed by Judge Knowles were re
fused hdmlttance to the Rarus, whence
they wished to get into the Duvltt, even
when guided by United States Marshal
Lloyd.
Circuit Judge Scale called In Judge
Beatty to decide whether or not the orders
of the federal court had been violated
Three weeks ago Mr. Helnze, Trerise und
Frank were arrested by Marshal Lloyd, on
Judge Knowles' order, after they had re
fused the marshal and federal Inspectors
admission to the mine. They were (allowed
to go on parole until Judge Beatty could
get here.
The text of the decision shows that the
fine Is practically a deposit ending final
adjudication of the ore bodies In contro
versy. In an Interview this afternoon Judge
Beatty enid:
Should later developments In the trial of
the case prove that Mr. Helnze Is entitled
to this ore the money should be returned
to him, or at least part of it, but I believe
In any event he should pay a fine for the
violation of the Injunction order. Should
tho plaintiffs be entitled to the ore I be
lieve the money should be turned over to
them to apply on tho payment of the Judg
ment, TEAMSTERS ARE IN THE DARK
International Union Officers Hove No
Official Information of Indict
ments at St. Loals.
INDIANAPOLIS. March 30. Nothing Is
officially known at tho headquarters of the
International Brotherhood of Teamsters
about the Indictment at St. Louis of sev
eral of its officers at St. louts.
At the headquarters it was said today
there is no officer by the tame of Daniel
Thurman of Chicago, tut it .was thought
that Daniel Furman of Chicago, secretary
of the local union, must be meant, tho.ish
he has not been In St. Louis during tho
strike, which began about January 20. The
genetal secretary of the organization Is E.
L. Turley of this city. Albert Young, gen
eral organizer, who Is mentioned In the
dispatches, resigned from his position last
week.
President Shea has been In California
for more than a month, but went to St.
Louis on March 26 and Is exp.:cied to re
turn tonight. Rowbothan haa been In
charge of the funds for the maintenance
of the strikers. Charles Robb had been In
St. Louis for several days. Innas, whose
home waa In Detroit, waa in charge of ;he
St. Louis strike.
LARGE FLEET OF WARSHIPS
Assembled Off Florida Coast to F.n
gage In Target Practice Ala
bama Establishes Record.
PENSACOT.A. Fla.. March 30 With the
arrival here today of the gunboats Newport
and Castlne from Colon, the largest fleet
of United Slates warships 4ver assembled
In limes of peace is gathered here. The
combined fleet engaged In target practice
includes seven battleships, Ave cruisers,
seven gunboats, three monitors, iwo torpedo
boat destroyers, besides a number cf
tenders, colliers nnd supply boats. The
fleet includes more than twenty-five ves
sels of various classes. The battleship
Alabama has established a new world's
record for rapidity and accuracy In
firing all classes of its guns. It came into
port today after a week spent at the target
range and Its officers report that Its record
is much better than that of the Kearsarge,
made last week. The percentage Is being
worked out by the target inspectors.
RESULT OF THE TRAFFIC WAR
St. IOuls Southwestern Proposes to
Withdraw from All Railroad
Membership on April U.
ST. LOUIS, March 30. It was announced
at the general offices of the Bt. Ixiuls
Southwestern Railway company tThe Cot
ton Belt Route) today that at the close
of business on April 6 the Cotton Belt
would withdraw from all memberships,
lioth freight and passenger. This Is the
.,, , mW). of a controversy over
.t-....,,
freight rates between the Cotton Belt, the
St. Ixuis. Inei Mountain & Southern and
the Memphis rreigm nureau.
I0WAN MUST SERVE TWO YEARS
Former Congressman Convicted of
Forgery Requests Court to Change
Sentence to Life Imprisonment.
I-8 ANGELES. March 30 J. Over
holtlmr of Iowa, aged M years, a former
member of the Iowa legislature, was sen'
tenced today to serve two years in state
prison for forgeiy. His attorney pleaded
for leniency on the ground of former good
reputation and read a letter from Sena
to- Allison. Overholther requested the
court to change Uie auuteuce tu lite Ira-
NEBRASKA WEATHER FORECAST
Fair Thnraday. Preceded by Showers
In K.aat I'orllnni Friday Fair.
Temperature at Omaha Aeaterdnyt
llonr. Ieu. Hour. Hear.
r a. ni 4 1 1 . m 4'i
In. m 41 it i. m
T a. m 44 11 p. m 4:1
H a. m 4:1 4 p. m -4.1
t n. m 4-J r. p. ni 11
U a. m -4-i i. in..'. ... 4(1
11 a. m...... 4'A T p. m IA
Vi ni 41 M p. m 4 1
1) p. m 44
WILL HONOR THK AMERICAN FI.Atl
Emblem Removed at New Chwang Is
to He Restored.
NEW CH WANG, Tuesday. March .
Under a strong representation made by
United States Consul Henry B. Miller that
the civil administrator had invaded neutral
rights when he ordered the lowering of the
American flag from buildings belonging to
American citizens, even though It was done
through tho apprehension that the flag was
Illegally used by Chinese for the purpose
of resisting police Inspection, the civil ad-
i ministration lias promised to duly and In
proper form through the military to raise
the flag over tho building from which It
was removed. The British flag, which was
ordered taken down, will also be allowed
to remain.
M. Protssleff, viceroy Alcxleff's financial
agent, says that it Is not Russia's inten
tion to strangle the shipping trade at Now
Chwang, nnd he consents to negotiate
terms which will facllitnte It.
Five merchant ships, which arrived on
Sunday last, but were not admitted Into
the harbor until today, leport that they
saw a Russian fleet of nine warships cruls
lug off Port Arthur at a distance of
twelve miles out at soa. Tho protected
cruiser Askold was farther out, atlng as
scout, while the forts ashore were making
experimental shots under directions of tho
rhlps. A fleet of torpedo boats was tlso
seen close inshore.
The police were In force throughout the
shipping district here 'v. hen the sh:ps ar
rived and were active in enforcing their
authority established by the recent order
promulgated by Viceroy Alexleff.
A reliable report from the vicinity of the
Yalu liver atates that everything is quiet
in the Interior cities. Native theaters are
running and the Chinese are undisturbed,
except at An Tung, where all the large
shops have been closed. The natives have
been forbidden to cross or recross the
Yalu river.
Tho natives believe thst the troops on
the Yalu river do not exceed 40,0. Trav
elers report having seen troops under
strenuous march along the Feng Huag
Cheng road, footsore and weary. The
bridges, which nre partly temporary, are
Inundated, owing to the melting snows and
rains.
Sir Ernest Satow, the British minister
at Peking, has Informed residents of that
nationality In New Chwang tkat Great
Britain will not keep a warship here, and
he advises Ihem to accept the situation aa
It is. The British residents regard Mai
Ister Satow's letter as Inadequate to the
situation end severely criticise him. Vice
roy Alexleff has approved a plan permit
ting cargoes to leave New Chwang.
Tho commander of the Rurslan fleet hns
Issued the following notification: "Evejy
vessel of war or commerce discovered
within the sphere of war without liynts
or flags, and .filling to hoist lights or flags
after being warned to do so by a canr.on
shot, will be considered an enemy and will
be atink."
The United States gunboat Helena has
received orders to proceed for Shanghai. It
will take away all Americans who desire
to leave.
JAPS CONCEALING THEIR HAND.
Forbid Use of Telegraph Line and
Inconvenience Correspondents.
LONDON. March 31. The Telegraph Bays
the Japanese authorities have refused cor
respondents the use of the field telegruph
lines and that all dispatches must be sent
to Toklo by mall. The paper further says
that there Is no sign that any foreigners
will be permitted to go to the front, though
the native newspaper men will be allowed
to do so.
The Telegraph In an editorial on the
unprecedented severity of this censorship
suggests that Japan has some new nnd
Important move to conceal, possibly the re
embarkatlon of a portion of Its forces al
ready in Corea for some point In the
theater of war, and Is anxious to guard
against the possibility of leakage through
foreign correspondents who might sympa
thise with Russia.
A correspondenf of the Telegraph at
Seoul reports that the Russians are evacu
ating the positions they occupy in Corea,
Specials from Shanghai repeat that the
mikado will shortly proceed to Corea with
the headquarters staff.
A corresiKindent of the Times at New
Chwang, cabling yesterday, suys:
'The Russlcn police have apologized and
have reholsted the United States tlHg over
the correspondents' mess."
THINKS RISIIA MADE A MISTAKE.
Precedent Mnde nt New Chwang May
He Followed by .la pan.
(Copyright by New York H .-rald Co.. 1004.)
BERLIN. March U-(New York Herald
Cablegram Special Telegram to The Bee.)
The troublo which has occurred between
the Russian authorities and the British and
American consuls at New Chwang has been
followed here with the utmost attention.
The feeling In official circles Is that the
consuls nre taking the Incident much more
truaicHlly than the governments in London
and Washington.
At the same time It Is considered that
Russia has made a mistake in taking thn
step It has. No doubt New Chwang as a
treaty port lies outside the sphere of op-
eratlons ns designated by Secretary Hay s
note to the powers regarding Chinese neu-
trallly. If Russia thus gives an example
of a breach ot neutrsllty It cannot be sur-
prised 1f Japan at a given moment claims
the same rights.
FOOD SI PPL Y OF PORT ARTIII R.
Japanese Refugee Says There la
Enough for One Monlh.
NEW YORK. March SO. A Japanese mer
chant who left Port Arthur In cne of tho
many Chinese Junks which are now driving
a profitable trade supplying Port Arthur
with foodstuffs, estimates that the food
supply Is sufficient for one month, says a
Times dlspatrh from We Hal Wr!. lie
asserts that the garrison does not exceed
lO.KiO, excluding the nival strength.
Work on damaged vessels la progressing
diligently. In the bombardment of March
10. ) pe' i-e.it of the Japanese projectiles
burst- There were three small fires as a
result, but no serious conflagrations.
Ito Interferes with Schemes.
SEOUL. March SO.-The European pro
gressionists claim to be disappointed at thn
Marquis Uo having discouraged radical
go vi rnment charges, on the occasion of bis
mission here, mhile In reality, it Is as
serted. Ihe action of the marquis checks
the glkgttU retormera' seculsviioa f ihryiiea.
DIFFER ON LOSSES
Official Report Eajs Only Tire Japaneei
Are Killed at Chong Jo.
INHABITANTS MAKE THE LIST LARGER
Peel are Forty Japanese. Are Killed and
One Hundred .Wounded.
RUSSIANS SAID TO HAVE LOST ABOUT TEN
Alleged That They Take Vest of Their
Dead with Them.
BATTLEFIELD COVERED WITH BANDAGES
Report Says Loss of the Enemy Must
Be Equal to That Suffered
by the Japanese
Troops.
(Copyright by New York Herald Co., 19 4.)
SEOUL, March 30. (New York Herald
Cablegram Special Telegram to The Bee.)
The first land engagement In Corea haa
resulted In a victory for the Japanese army.
Day before yesterday the Japanese at
tacked 60 Russians entrenched in the
Corean town of Chong Ju, thirty-live mllea
north of Anju, on the main highway to
W'lJu. After several hours of severe fight
ing the Russians retired northwards, tho
Japanese taking the town.
The Japanese losses wore three killed and
wounded. The Russian losses are unknown,
tiny currying their wounded with them.
In ull probability this U the first and
hist engagement on Corean soil, aa the
Russians continue to retire from all the
points northwards toward the Yalu.
Official Japanese Report.
LONDON, March 30. The Japanese legs
lion l.ere has received the following offi
cial report from Toklo of the fighting be
tween Jkpnnesn and Russian forces at
Chong Ju, Corea, Monday:
On March 2S a portion of our cavalry and
l:.l;inii y forces tci upled Chong Ju after
defeating the enemv. The enemy, who
numbered i.bout (W) li.en, retreated in the
direction o.' Wiju. Cur Casualties were
Lieutenant Knno and four others killed.
Captain Kurokawa and twtlve others
wounded of the cavalry force. There were
no casualties among our infantry. Two
dead bodies ner left by the enemy on the
Held, but it is reported that ri.me seven
or eight were killed Inside the town. These
were promptly curried off by the enemy on
horseback or by ambulances. The Rus
sians were seen conveying In an ambulance
two dead men. apparently officers, and
blood s.uined hund.K,eM were found scat
tered around. The cr.ciny must have sus
tained losses at least equd to our own.
ST. PETEP.SB'.'BQ. March 30. A later
official dispatch from General Ulshtchenko
reports that cm the t.j'.hfity of Ihe Inhab
itants of Cr.ong Ju the .'Jrj ese lost forty
mtn killed, ICO men wcindtd avid a number
tf l.orsts Coring tho '. ntlng there Mini- -city.
Tr.a .aranesa cni'cyad (00 Coreau
be&reis to tarry t.ielr "-ou.iced to Anju.
Utirral ir.tf.1tchi.rko acids '."ist Captuln
S cpanoff, who waa anong the Russians
wounded, died jeslerday. Tho despatch,
which was dated March 29, wa forwarded
to the etiyeror uxlay by aenerol Kouropst
kin. SEEKS l-AVOIt OF GREAT BRITAIN.
St. Petersburg Newspaper Refera Bit
terly to Vnlled Stntes.
ST. PETERSBURG, March 80. 4:28 p. m.
The Novoe Vremya today executed a face
about, strongly tupporting the Idea of a
It isso-Jtrltlsh understanding, in an edlto
rliil entitled "The Blindness of Enlaa4."
The paper argues that the success of Japan
would be n.ore injurious to England than
to any other nation and points to the
United States ps the common rival of both.
It oxcribes Japan as America's sharp
shooter, and says:
Remember what nation. In the yerson of
the commander of one of Its mt. of war
at Chemulpo, refused to Join in the col
lective protest of the other foreign com
manders before the Japanese destroyed the
Vnrlag and Korietx.
Remember whose flag among all did not
tak" on board the clews of our perishing
nhips. To the honor of England, the ally
c.f Julian, It whs not her representative,
but Ihe commander of ihe American Ship.
The Americans attempt to rover tho
Pacific a h mi American Mediterranean.
Would that be to 'lie advantage of Eng
land? lines England not understand In
Its blind policy and liatrca towarct Russia
that It is turning thla ocean Into an Amer
ican Mediterranean? Sooner or later the
European countrlee will recognUe that
America Is their mutcal enemy. Whf
should not Russia and England. In view of
their possessions outslda of Europe, com
bine? Some one will do England a grent ser
vice bv warning It of the eeonunil "ul and,
I erhiips, political Sedan which will he
effected bv the Japanese and Americans.
Russian and English Interests do not
clash. Russia does not want I ml la. but
onlv wunta open sea from India to Vl"dl
vns'tok and Pott Arthur. They are) tike
two planets, which bv combining er.d sup
plementing each other could dominate ;he
world.
The diplomatists here cannot understand
why there should be any protest agilnst
such military measures as Russia may care
to take at New Chwang, which Is clearly
within the sphere of cperatlona aa laid
down in Its reply to Pecretsry Huy's note.
Manchuria also being excepted by the
other powers In their replies, Russia con
siders that It Is acting entirely within tts
rights. It la nnlnted out that Japan In
Us reply to Secretary Hay agreed to ob
serve the neutrality cf China, as far aa
Russia did. Inasmuch as Russia has pub-
' declared Its Intention not to extend
,no war WMt l,f ,n Uuo r,vr lnto
portion ot sian. iiuria innviuumy '""'w
' 11 Japanese landing ou the wast
'oast of the I.lao Tung gulf would make
't responsible for an extension of the war
into Chinese territory, which Russli
Nidcrs neutral.
The Grand Duke Michael, heir presump
tive to the throne, lias sent a rescript of
thanks to the 13-year-old Count Mordvln
off, who subscribed $12,fA) to the navy fund.
SHIPPING RI LES AT PORT ARTIII R
Russian Admiral Promulgates Orders
Governing Vessels of All Nntlons.
CHE FOO. March 30.-It la officially an
nounced that Vice Admiral Makaroff, com
mander In chief of the forces at Port Ar
thur, has Issued notification to the effect
that all warships and merchant vessels
entering the zone of oieratlnns at nlfht
without lights and during the day without
flags, will be. considered hostile unless they
stop when a blank shot la fired.
The captain, an oiler and one passenger
of tho Japanese roasting steamer Hanyel
arrived at Teng Chow this morning and rt
jM.rted that the Hanyel had been fired on
and sunk by the Russian fleet near the
Mlantao islands on Ihe morning of Msrch
28. They also reported that the remainder
ot the crew. nA jpsenera, pUiueea gad.
I
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