TheHjmaha Daily Bee.
For KIiL.IABL.Ii
war news rend
THE BEE
The Dee will have the news flrst
Tbe Bee will have It RIGHT.
ESTABLISHED JHYE 19, 1871.
OMAHA, riUDAY MOUSING, APKII, 1, 1004 TEN PAGES.
SING LE CO r Y TH K EE CENTS.
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SII1I1IFIK P1IIF
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Judge Irvg F. Bmter Agreed Upoa Jc
United fltaiei Dietriot Attorney.
THOMPSON BRINGS SENATORS TOGETHER 5
Each of Tbem ii Loath to five Up Eii
Ftrored Candidate.
PRESIDENT TALKS PLAINLY TO THEM
Told to Agree on Bomeoiie or Congressmen
Would Name Mao.
SPE
ei
ILY GET TOGETHER ON BAXTER
announcement la tade that Xoiulaa
tloa Will He Heat to fritlc at
One aad the Iconic Fight
la Over,
(From a Staff Correspondent.)
WASHINGTON, March . (Special Telc-
rnm.)-Judgs Irving F. Baxter's naino will
go to the senate tomorrow as the successor
Williamson 8. Bummers, United State
. ilatiiet attorney, and thereby hangs a tale.
When Minister Thompson arrived In Wash
ington from Nebraska ha had hardly re
moved the travel stains from his person
before he called upon President Roosevelt
to ascertain upon what common ground he
could proceed to bring Senators Dietrich
and Millard together. The president frankly
Informed Mr. Thompson that he would not
appoint either LituTMy or Qurley, the two
most strongly endorsed candidate for the
posit loti, becnuse of the antagonism of the
senators to the men mentioned. Mr. Thomp
son, realising that it was futile to continue
the fight for either Lindsay or Ourley, on
the part of the senators, after his talk with
the president, assumed the role of mediator
between Dietrich and Millard, lie told them
that a compromise candidate must bo
agreed upon, and bore down on the neces
sity of an agreement at once. The senators
were loathe to yield, but gradually they
hw the hopelessness of holding- out and
late yesterday afternoon they agreed to
recommend Irving F. Baxter, Judge of the
district court of Douglas county, as Sum
mers' successor.
iv ' President Takes Hand.
This morning Senators Dietrich and
g Millard, a
Thompson.
fi district att
' uonforence
Mhlard, accompanied by Hon. D. ..
met the president to settle tho
torneyshlp. At the outset of the
the president declared that he
could hot appoint either Lindsay or Qur
ley. He also asserted that unlet the two
senators could agree on a man for the
place he would have to take the matter
out of their hands and refer It to the rest
of the delegation, by this he meant that
unless the senators would agree on soma
man other than these two he would ask
the members of the Nebraska delegation
outside of the senators to And someone.
This was practically a reiteration of what
he told Representatives McCarthy and
Rlnkald a few days ago, when the alter-
v neyshlp matter came tip casually In refer -I'Ufo
4u othT matters. '. "
v, . As to Mr. Lindsay, the president inti
mated that he could not appoint him be
cause of the stand token by Mr. Millard,
who told him a few days ago that he
would consider the appointment of Lindsay
a personal slap and that he would oppose
his Confirmation on the floor of the senate.
Mr. Roosevelt went so tar as to say that
he pad a high regard for Mr. Lindsay
gntrt was confident If appointed he would
mnife an efficient official, but owing to the
difermlned opposition of Senator Millard
"could not do otherwise than Insist upm
mm! acquiescence In the appointment of
VH lout other candidate, falling In which, he
Ilwould take It upon himself to end tho
l V ong-drawn-out contest.
V- I . . ...
4" ' ar. inumpsun strongly urged me im
( ,, , uerfiate appointment of someone, so that
V ' . uerfiate
f4Summert
"if j no other
H Thv
. that he
Bummer might be relieved, but he made
her recommndatlon.
president had previously declared
I Would not r.am nil n t Cum ,aji
'Jt Ms candidacy was therefore not discussed,
tf Objections had also been urged against Mr.
Ourley, who has been urged by Millard,
and he, too, was entirely eliminated from
the discussion.
Senator Pletrlch declared emphatically
, that he was still In favor of Lindsay's ap
pointment. In view of the statement made
by the president, however, he said he would
. have to acquiesce In the appointment of
some other man.
Agree on Baiter.
The president then mentioned Judge Bax
ter, whose name had been brought to his
attention as a possible compromise. Sena
tor Dietrich in reply to a question by the
president said he knew Baxter to be a
Capable attorney and that he hsd made a
good record as a Judge, having nerved with
satisfaction for upward of ten year. Rpna
tor Millard Stated that Judge Baxter's ap
pointment would ' ho satisfactory to him.
The presldsnt then snncunccd thnt h
would at once mnke the nomination. Ho
expresped a desire to have the matter set
tled Immediately and that If the papers
could not ho prepared today they would
be tomorrow.
Senator Dietrich regrets deeply that Mr.
Lindsay wn not sppolnted. and his agree
ment to the appointment of Judge Baxter
Came only after the statement of the presi
dent that he would not nprinlnt either
IKdsay or Ourley. With this dctermlna
Vn on the part of tie president staring
fili the face Senator Dietrich reliirt.tntlv
' - ' t Ik. ..AmnM.eA 1 -I . V .
ivns for the best Interests of the pHrty
t the matter should be settled, and t
j'. i. In this eonneetlon It may not he
jf of place to sy that Senator Dietrich
. et "P ui cii a Kirn ien io anpna tne con
4 ren-e snd returned to his bed after the
' ;Vi ferenre, suffering from an attack of
Kn of Flaht Wrlrontril
first news that Senators Dietrich and
1 had at last gotten toBether on the
Jt States district attorneyship noml
4 and thst the president will tomorrow
. Bute Judge Irving F. naxter of Omuha
Wmveyed to such members of the !e
. delegation ua were. In th house at
if time by The Bee correspondent. Con
1 iderable satisfaction was expressed on one
' ;.,olnt anA that wus that an agreement had
.t been reachixl. Kepret eiitntlves Hur
. liett and Hlnshaw had lett the cupltol for
i he day when the news arrived,
i i Representative Noriia was seen and said
; hat be was glad that the matter was set
' led. "I know Judge Baxter but slightly,"
miii Mr. Norrls. "but hs Is an sble lawyer,
ias had experience on the bench and un-
' UDieoiy win inaaa an excellent district
rney. The appointment, however, will
e a nuKippniiiiiuei'i, i otiii ve, to a ma
,4 - of th delegation. wanted II. C.
ajr to aeoure the plaoa. Of course It
sn appointment whlth lay entirely In
lands ot the senators and the members
iCwUaual M JTUla i'agaj
'OHIO TRUST COWPANY ASSIGNS
loardla
a Tmit Company Will Handle
Affairs of Federal Concern
of Cleveland.
KVELAND, March 31. -The Federal
company today made an assignment
e Uuardlan Trust company. The
Is stated to have been taken hs
w .rtiult of the dlnHpeparanr e of a promi
nent official of the Federal Trust com
pany. Reports are In circulation that a
shortage has been found in the funds of
the concern.
While no statement has been filed as
yet by the Federal company It Is understood
It will turn over about $1,000,000 In de
posits to the assignee.
Its total assets will be about $n,0Ort,O0O.
The Federal Trust company has a capital
stock of 11.500,000. It has a surplus fund
of V,000 and nbout 1140,000 undivided
profits. According to Its reports it had
K,1M,:V,2 in loans and discounts, 146.300 la
real estate loans, and owned $729,000 In
sticks, bonds and mortgager Its last
statement showed Individual deposits of
1,533.328, but officials state the deposits
were about $1,000,000 at the close of bust
ness last night.
An agreement was practically reached
between tho directors of the Federal Trust
company and the Guardian Trust company
several days ago, providing for the merging
of tht two concerns. Tho disappearance of
the official of the Federal company, how
ever, precipitated matters and the rllrec
tors decided that an assignment would
probably avoid a run on the bank and pro
tect all Interests.
TAMPERED JURY HEARS CASE
Mrs. Ilotkln Kxpresses Confidence la a
Jnat Verdict and the California
Trial Continues.
BAN FRANCISCO, March 81. There was
another surprise In the Botkln murder
trial today. Owing to the charges made
yesterday of attempts to tamper with the
Jurors, It was understood that the first
proceeding today would be the discharge
of tho Jury. This, however, did not occur
and the trial proceeded as usual.
Attorney Knight stated to the court that,
contrary to the advice of her counsel, Mrs.
Botkln Insisted on the trial continuing,
saying she was satisfied the Jury would
render a Just verdict. On being asked by
the Judge If this was her decision, Mrs.
Botkln said that It wait.
Assistant Prosecuting Attorney Ferral
called Judge Cook's attention to the state
ment by tho court yesterday thnt under
the circumstances, should the defendant be
found guilty, he would be compelled to
grant a new trial. Judge Ferral said he
did not want this assertion considered
binding. An order abrogating that portion
of yesterday's proceedings was made. The
court then ordered that the Jury bo ad
mitted and the trial was resumed.
LIKE A COUNCILBLUFFS CASE
Illinois Convict Goes to Prison
Under Kanie of States.
ST. IXJUIS, March 31. Arrested on the
charge of having burglar's tools In his
possession, Edward Alexander u Toylor
vllle, III., concealed hie own name and
assumed the name of John C. Bhumway, a
member of the Illinois World's Fair com
mission, a former state senator and a
leading citizen of Taylorvllle.
In the criminal court here Alexander,
under the name of "John C. Bhumway."
was sentenced to serve two years In the
penltontlary. The real Mr. Shumway be
gan to receive letters of condolence and
sympathy and suggestions as to how to
secure a pardon, and today he arrived
here mid Identified the prisoner as Alex
ander, from Taylorvllle, and requested that
Alexander be sentenced under his right
full name. But the change was not made
In the court records and Alexander, under
the name of "John C. Shumway," will be
taken to the penitentiary.
WANTS LIGHT ON STEEL DEALS
t'nlted Mates Corporation Objects to
Application of Stockholder for
Inspection of Books.
TRENTON, N. J., March 3L The United
States Steel corporation, through its coun
sel, today filed In the court of chancery a
demurrer to the bill of Alfred Stevens of
Newark, who sued the corporation because
of Its passing of dividends on the common
stock-
Stevens In his bill claims that the cor
poration had made sufficient earnings and
that It was compelled, under a state law
and by Itn own bylaws, to pay the divi
dend. He asked among other things that
the corporation lie required to disclose Its
earnings so that tho court mlKht pais
upon It.
U says that the bill of Stevens does
not show siioh a esse as entitled him In
n court or eiuilty to any recovery from
the defendant or to any relief against
the matter complained of In such bill. It
Is asked that the demurrer he sustained
and that Stevens !e dls-nisd.
ARCHBISHOP FARLEY RETURNS
Metropolitan of Sew York nrlnm
Papal Regarding; Cath
olic 1nleralt.
NEW YORK. March SI -The M.ist Rev
John M. Farley, archbishop of New York,
arrived today on the steamship IYIih-csh
Irene from Naples, after a visit of several
weeks in Rome.
When the stemer reached quarantine the
archbishop as met by a delegation of
priests on the steamer Favorite, which he
boarded. Archbishop Farley aald that the
pope's health was good and that he ex
pressed bis great love for the United States.
He also said he bad an Important message
from the pope concerning the Catholio uni
versity, which will be read Eustur Sunday
morning.
ORDERED TO GIVE UP COMMAND
Major Carrlag-ton, la Chars; of Phil.
Ipplao scoots Will Report to
.Adjutant General.
SAN FRANCISCO. March a. Major Car
ringtnn. In command of the Philippine
scouts now at the Presidio, has been
ordered to start at once for St. I.ouls
and turn over his command, afterward
reporting to the adjutant H'neraL
Mafl Boat Caps I sea.
riERRE. 8. D. March SI (Special Tele
gram.) The Fort Pierre mail boat capslxed
In midstream this afternoon, throwing the
mail carrlera aad three paasi.-nget Into
the stream. Several skiffs huirled to their
assistance and all got out safely. All paper
mall was lust, but tae letter pouua was
saved.
COLOMBU LOSES ITS SUIT
French Oiril Tribunal ftcidei in FtTor of
Canal Coipaiy.
REMOVES LAST OBSTACLE FOR TRANSFER
Court Holds Republic Is Nnt In Pos
session nf Territory Traversed
by Waterway and Has
Jio Claim.
PARI8, March 31. The first civil
tribunal of the Seine today decided the
case of the republic of Colombia against
the Panarra Canal company In favor of the
defendants. The decision holds that the
complaint of Colombia Is not receivable
and condemns the- plaintiffs to pay the
costs of the action. This decision has the
effect of removing the obstacles In tho
way of the transfer of the canal conces
sion of the company to the United States.
The decision Is a lengthy document, fully
reviewing all the early circumstances of
the concession and setting forth the var
ious acts of the Colombian congress, tho
treaties, etc., particularly articles xx, xxl
and xxll of !he treaty of March 'JO. IfcTS,
whereby the company acquired its rights.
These articles, tho decision says, have
the manifest purpose of assuring the full
exercise of soverelimty over the canal. It
results from what Is established before this
tribunal that Colombia Is not In possession
of the territory traversed by the cnnal.
By coming before a French court In order
to sustain Its right over the canal,
Colombia tacitly admits Its Inability to
control the canal Itself. It therefore fol
lows naturally that It has lost sovereignty
over the territory traversed by the canal.
It also apiears that this sovereignty Is
maintained by the new Republic of Pan
ama, which is In actual possession of the
authority and power of administration and
of police. Under such circumstances It
only remains for the Panama company to
accept the actual situation of authority
and the facts relative to tho territory em
braced by the concession. Therefore, the
action commenced by Colombia Is not re
ceivable. Claims Are Not Valid.
The decision concludes with the speclflo
recital under the French code, that none
of the claims set up by Colombia are valid,
that Its request to enjoin pending actions
is not warranted, that Its plea for coats
against the company Is not Justified, and
that the entire corlb of the procedure are
assessed against the plaintiff.
The court announced that the other cases
relative to Colombia's right to hold 60,000
shares of stock will be heard April VS. Al
though no formal notice of appeal was
given, It was stated at the close of the
court that Colombia and Bonaparte Wyse,
(the original concessionaire) would appeal.
It Is said that an appeal will not cause
delay since today's decision is to be held
to confirm the company's full right to
transfer to the United States.
The other suit relative to Colombia's
right to hold shares, does not affect the
United States. Therefore it Is the view
at the United States embassy and In other
official quarters that today's decision clears
away the last obstacle In the way of the
transfer of the canal to the United States.
FRANCIS JOSEPH WASHES FEET
Emperor of Austria Observes Ancient
Ceremony of Manndy Thursday
at Vienna.
VIENNA. March SI. Emperor Francis
Joseph today observed the ancient cere
mony of washing the feet of twelve old men
In the Crystal hall of the Hofburg. Tho
hall was filled with distinguished person
ages. Including members of the dlplomatlo
corps, the cabinet ministers, military offi
cials and court functionaries. The emperor,
who was In excellent health, assisted by
eight archdukes, personally waited on the
old men, placing before then food and
drink, which, however, they did not con
sume then, the refreshments being Imme
diately removed and Inter sent to their
homes. The ceremony concluded with tho
emperor hanging around tho neck of each
of the old men a silk purse containing the
traditional thirty pieces of silver.
The United States was represented at the
ceremony by Ambassador Storcr and Mrs.
Btorer, Captain F. W. Harris, the military
attache; Secretary Hale and Mrs. Halo,
Second Secretory Rlvcs and Miss Dlehl.
DAGGER 171 BALKAX9 HEADED OFF.
Italy and Austria Pledged Koi to Un
dertake Territorial Occupation.
ROME, March 31. The governments of
Italy and Austria have concluded a com
plete agreement regarding affairs In the
Balkans by which the status quo In those
states la assured, both powers pledging
themselves not to undertake territorial oc
cupation. The jvowerg signatory to the treaty of
Berlin have been notified of the Austro
Italian agreement, which is considered as
putting an effectual stop to the troubles in
the Balkan states, and as eliminating the
possibility ot their being used as Instru
ments for aiding a Macedonian uprising In
the spring.
MOVD TO PACIFY THE POWERS.
Relitrade Retiree TwcItc Officers Who
Figure In Regicide.
BEI.ORADE. Bervla, March 81. A royal
decree Isxued today retires twelve of the
higher army officers.
VIENNA. March 31. The royal decree Is
sued at Belgrade todiy, retiring twelvq
high army officers, is regarded here as a
first step In the scheme for settling the
question of the treatment of the ansasyln
of King Alexander .and Queen D:aga.
This scheme Is intended to pacify ihnno
powers which practically broke off iliplo
matlc relations with Bervla when tho regi
cides were retained In power.
Australian Wheat Crop.
SYDNEY, N. S. W, March 3l.-The work
of harvesting this year's wheat crop
nearly completed, and the government es
timates place the yield at ll.ooo.oou bushel
above the best previous record. Seven
teen million bushels are now available for
export.
MORGAN G0ING TO EUROPE
Believed Satisfactory Arrangement
Has Been Reached Hegaralaa;
Sorthrra Securities Assets.
NEW YORK. Mirch il.-In view of the
fact that J. P. Morgan has arranged to
leave for Europe next week Wall street
is Inclined to expect an early announce
ment that some sort of a satisfactory ar
rangement has been reached between the
Union Pacific Interests and the Hill-Morgan
Interests regarding tho distribution of the
ataets of the Northern Securities.
Several men prominent In Northern Se
curities matter called at the office of J.
P. Morgan Co. today. Members of that
firm and of the Union Pacific Interests
aid there was nothing new In the situa
tion. The market fluctuations in the vari
ous Northwestern mrgr stocks were uu-
IMPORTANT RULING ON WOOL
Importation of Carpet Ptock May Re
Greatly Affected by Ap
pro laer'a Action.
NEW YORK, March 81.-A decision has
been delivered by the-board of United
States general appraisers denying a protest
from a Boston importer snd raising the
qiiestliin as to whether wool can be mltel
in grades so as to obtain a lower rate of
duty. The board decided against the mix
ture In the Boston case, which was brought
as a test.
The shipment was made from equal quan
tities of white and gray Iceland wool of
the third class, valued respectively above
and below 11 cents per pound, which In tin
trade are customarily packed separately
and bought and aold at different prices,
and which. If separated, were respectively
dutiable at the rate of 7 and 4 cents a
pound. They were designedly packed In
one bale so as to reduce the overage ag
gregate value below 12 cents a pound, and
the rate of duty on all of 4 cents.
The appraisers he'd that sui h packing
was such a change In condition for the
purpose of evad'ng the duty as to subj.ct
the entire contents of the bale to twice the
duty to which it would be otherwise sub
ject. ;
BOSTON. March 31. -The decision of the
United States customs appraisers at New
York that wools cunnot be mixed when
imported will have a bearing, wool mer
chants here say. on carpet wools.
Most of the mixed wools aro in the carpet
grade and the decision separating the white
or higher-priced article from the cheaper
grey, with which it had been mixed. Is ex
pected to at once rUse the market price
of carpet stable. It is explained that the
practice of mixing the wools for the pur
pose of lowering the aggregate value of
Importations has been practiced for many
years.
BURTON'S CASE IS DELAYED
Failure to Complete Kill of Excep
tions Defers Sentence by
Judge.
ST. LOUIS, March 31. The bill of excep
tions to be filed by the counsel for United
States Senator James R. Burton of Kansas,
who was last Monday convicted In tho
United States district court of having re
ceived compensation for using his ii fluenee
before the Postoffice department In behalf
of the Rlalto Grain and Securities com
pany of St. Louis, haa not been completed.
Until It Is completed and submitted to tho
government for Inspection and perusal sen
tence will not be passed upon Senator Bur
ton. It is ccnuldered probable (hat the bill of
exceptions, will have been completed by
tomorrow and immediately submitted to
United States District Attorney Colonel D.
P. Dyer.
Colonel Dyer says to the Associated Press
today: "I do not want to rush this matter.
I will carefully go through the bill of ex
ceptions and It will probably take me until
Morday, for I understand the document
to be very voluminous. I could go through
the formality of moving that Senator Bur
ton be at once sentenced and turned over
to tho custody of the United States mar
shal or placed under bond, but I don't want
to do that as I prrfer to jilo the whole thing
at once t rier1 tb 111 J'j ;.i" vtions Is wlr
mally filed with t' j court."
In the light of the deposition of Senator
Burton to waive his senatorial prerog
ative, which renderB him immune from ar
rest during the session of congress, It was
said that no time will be lost In taking
the case before the higher court on appeal.
fULINOlS COURT MAKES ERROR
Bungles in Flxlngr Date for Hang
ina tif Cor llnrn
Bandits.
CHICAGO, March 31. Seemingly a bad
bungle In the sentence of the car barn
bandits, Marx, Nledermeier and Van Dine,
confronted the state's attorney's office to.
day. Instead of speedy hanging for the
condemned trio, a long legal battle seemed
perhaps In prospect. The Illinois statutes
provide thnt the date set for hanging must
not be earlier thnn the tenth day of the
next term of the state supreme court, nor
later than the twenty-fifth day after sen
tence. April 22, the date on which, accord
ing to sentence, the bandits were to be
hanged, will lie the twenty-seventh day after
sentence. The fact developed that attorneys
for tho defense had been quietly waiting
till Saturday next, when tho present term
of the criminal court expires. Proceedings
were then to have been instituted to have
the sentence set asldo and the three bandits
released. The problem with which the
state's attorney and his assistants wrestled
today was how to correct th3 mistake. If
possible, and also find on effective way to'
make the correction before Saturdny.
Before any action could be taken by the
slate's attorney application was made to
day for writs of habeas corpus In behalf of
the bandits. The writs were Issued by
Judge Chytraus and were mado returnablo
Monday.
ARREST SEVERAL FOR MURDER
Philadelphia Thinks It Has Discov
ered People Who Kill Women
nil. Babes.
PHILADELPHIA, March 31. Four per
sons are In prison, three awaiting the ac
tion of the grand Jury and the fourth under
indictment on the charge of being acces
sary ta the death of sn Infant, as a result
of Coroner Dugan's crusade agejnst the
syndicate of mBlpractltloners which he says
exists In this city.
Mrs. Elisabeth Ashmead, also known as
"Dr. Gonde" and "Dr. Moran," Is the prin
cipal In the case. The coroner declares
that many young women and countless
babies havo come to thlr death through
the treatment received at Mrs. Ashmead's
establishment. The woman, her son, How
lnrd Ashmead, Jr. and Dr. Mutthew Me.
Vlekar, have been committed to prison
without Iwil. "Dr." Davl.l A. Mosler, whom
the coroner styles the "king of malprac
tioner?." la under Indictment, and is nai l
to have made a confepsfnn revealing the
names of others engaged in the same ne
faricus business.
GRAND
JURY CENSURES
Recommends Dismissal of Building;
Inspector French, Who Super
vised Darllnwton Structure,
NEW YORK, March 11. The grand Jury
today made a presentment on the Darling
ton dUaster, censuring the city building
department for the methods employed In
permitting faulty construction of buildings
and recommending the di.'inlsal from tho
department of Inspect r French, who had
fciipervlalon of the Darlington structure, al
leging that he Is unlit for the position
The presentment mu recommends changes
la cxJaUruj building laws.
NO ABATEMENT IN FLOODS
Live, Stock Quartered in Eajmowa and
Crops Rained.
WATERS EXPECTED TO BREAK RECORDS
Railroad Trafrle at Standstill, Com
munication by Wire Paralysed
aad Losses Are Hourly
Piling I p.
INDIANAPOLIS, March 31.-Heavy rains
have Increased the flood danger In the
southwestern part of Indiana. Vlncennes,
Mt. Carmel, New Harmony, Graysvllle,
Princeton, Evnnsvllle, Westport and all
of lawrenco county, Illinois, are suffering
from the high water. Westport has been
completely abandoned.
Hundreds of refugees nre living In school
houses and barns. Live stock Is quartered
in hny lofts and railroad traflic is at a
standstill. It Is believed that Mary FeBSler
was drowned near Vlncennes today.
The Belgrade levee broke In another
place today. The great All at Hazleton.
which was constructed at a cost of J'WO.OoO
was swept away. The Wabash has risen
six inches today. All telegraph and tele
phono communication is paralyred. At Mt.
Carmel the Wabash has reached the high
est stage since 1X75 and It is said that the
water will pass tho record mark tonight.
High Water nt Vlncennes.
VINCENNES, lnd., March 31.Tho Bel
grade leveo has broken and tho Wubash Is
rising an inch an hour. Water la standing
In tho principal streets here.
It has been raining hard all night nnd
duy In southern Ir.dUna and a still higher
stage f.f water Is feared where tho rtvera
had begun to fall This cou.ity and Law
rence county, Illinois, aro la:gely under
water. This being Thursday before Easter,
people are attending church in boats. In
Lawrence county tho water Is In the sec
ond stories of barns and housos. Live stock
Is being quartered In the hsy mows. In one
house forty refugees ore living. In one
school house twenty-seven women and chil
dren nre i-tayltiB, while men oome here for
provisions. Water Is over the tracks and
landslides have stopped railroad traffic
again. The Baltimore & Chio Southwestern
trackB are In danger. The iLdlanapolls &
Vlnoonnes railroad has not run a train for
a week. It Is reported that Mary Feaster,
aged 18, was drowned at Pons Creek today
while rescuing furniture from her flooded
house.
MADISON, lnd., March 31. Torrents of
rain have fallen during the last twelve
hours. Over an inch of water has fallen
and It Is still raining. The Ohio and smal
ler streams are again rising.
In Illinois nnd Missouri.
ST. I OU1S. March 31. By the breaking ot
the Fountain creek leveo near Mrrrlmac,
Monroe county, II!., twenty miles south of
St. l.ojis. 800 acres of land, 650 of which
were In wheat, are under water, nnd a loss
estimated at 112,000 has b"cn suffered by
the farmers. Bpeclal -'nts In southeast
Missouri indicate that flood condl'Jons aro
of serious proportions.
At MoorehouHe Little river, which ordi
narily is a small stream, Is mw a iRglng
tcrrent nnd continuing to rise rapidly.
Many dwellings are standing In water and
the occupants have been forcod out. There
Js no current in tho overflow that Inur.ittcs
the greater part of tho town s.nd no . .jcs
have been washed away.
At Gray's Rldgo tho overflow from Little
river has caused all business to suNieiid
; 1 the inhabitants are devoting their ef-
forts to salng household effects and other
ptoperty.
At Piedmont Black river Is still rising nnd
many additional persons havo bocn forced
to Join those who yesterday were dilven
from their homes to higher ground. While
attempting to ford the St. Francois river
fourteen miles west of Piedmont Luclen
Giuliani, wus drowned and his body was re
covered today.
At Poplar Bluff tho town Is still flooded
and thousands of acres of rich grazing land
are under water. It la estimated tho loss
of stcck will be large.
Reports have been received from points
southwest ot St. Ixnils indicating that the
streams of Oregon, Ozark and Howell coun
ties are higher than for tlfteen years und
thut much property is destroyed. Near
West Plains a number df grist mills nnd
saw mills have been washed away. No fa
talities have been reported.
Washes Out Bin Pill.
EVANSVILLE, lnd., March a. The
Haileton fill on the Evansvllle & Terre
Haute railroad was washed away today,
closing t radio between Kvansvllle and Vln
cennes. A hard rain has been falling for
hours, rendering the general situation more
serious. The Hazleton fill was constrvcted
at a cost of iOi),000 after many yeurs' work.
It was at this point ten years ago that
during a similar flood an entire passenger
train on the Kvansvllle & Terre Haute
railroad disappeared in a. qi.icksand, which
is at the bottom of the fill, and nothing
but a piece, of one coach was ever found.
It was never known how many wore killed,
as none of the train crews or passengers
wero recovered.
Toiiaue' Hirer is lllab.
ST. PAUL, Minn., March 11. A special
from Miles City, Mont , to the Dispatch
says that fully two-thirds of the residence
and business portion of Miles City are sub
merged by the flood waters of Tongue
river.
EXPLOSION KILLS MANY WOMEN
I'nknown Number Are Dead la Fac
tory as Ileoalt of aa
Accident.
8CRANTON. Pa., March 21 -Six persons
are known to have been killed and Ave
futally injured by an explosion in the
factory of the Dickson Squib company at
Prlcehurg, near here, today. Tho Identi
fied dead are:
LIZZIE Bit AY, Prlcehurg.
BECK IE I.EWTS. North Scranton.
LIZZIE MATTHEWS. Olvphant.
GKoKtJE CALLAHAN, Prlrefcurg.
TERESA CALLAHAN, Prl eburg.
Twenty girls were employed in the fac
tory. What caused the explosion Is not
known, but It Is said that one of the girls
threw a squib Into a stove and that the
force of the explosion was so great that
it wrecked the building and set it on fire.
The squiti are used in coal mining.
JOY CAUSESHEIR'S DEATH
After Breaking; Wife's Will Hus
band Breaks Leu; aad Blood
PulaoulBK Sets la.
EAST ST. LOUIS. 111.. March 81. After
contesting his wife's will, ahlch rut him
off with IM and left 10.000 to European
relatives, and winning the suit two wetrks
ago for fS.QOO, John Thornherg; rejoiced to
such an extent thic he broke his lrg an.l
tfiday died from blood poisoning. There
being no children the yA.fO estate will g)
to relatives hue tud lu Europe.
NEBRASKA WEATHER FORECAST
Fair Friday and Maturdey Warmer
Saturday.
Temperature at Omaha Yesterda
yt
Hour,
Hca.
Hour.
1 P.
Dra.
ft
7
ft
IO
It
111
4J
4
41
41
4-2
4.1
e:i
41
m , . . . .
m . . . .
m. . . . .
. 4(1
. 4)1
. 4d
. 4T
. IT
. 4S
. 4H
. I
. 4T
, . . . .
. a . .
HEINZE PAYS CONTEMPT FINE
Mine Superintendent Says Money is
Held Pending; Settle
ment. BUTTE, Mont., March 31 F. Augustus
Ilelnze, president of tho Montana Oro Pur
chasing company; A. L. Frank, superin
tendent of the J.ihnstnwn, and J. II. T re
rise, Biir-eilntendent of the Rarus mines,
paid their tines today for violating the or
der of the federal court enjoining Helnse
and the Amalgamated interests from min
ing the Mkhiiel Davitt lode claim. After
much discussion and a strong resistance on
the part of tho Montana Ore Purchasing
company's attorneys. Judge Realty In the
federal court -today signed the order asked
for by the attorneys of tho Butte & Bos
ton company, granting the last named com
pany a perpetual lease of the workings of
the Rarus and Johnstown claims.
"For seven years we have been trjlng
to get an appeal from the decision of Judge
Knowles, who enjoined us from working
these ore bodies," said one of F. Augustus
Helnze's superintendents today, in discuss
ing the Helnre side of tho decision In tho
Michael Davitt mine case. In which Mr.
Helnze was fined I20.0UO. "Of c.curse we will
comply with the order of the court, which
merely requires a deposit, pending final
adjudications."
The case wan tried twice !n the federal
court. The first time, Judgo Knowles In
structed the Jury to decide against us. The
Jury was then lucked up tor thirty-five
days, considered the Judge's instructions
three days further, and not vreylng the
court's order, was discharged. The casn
a as then tried at Helena, lasting fifty days,
and ihe jury brought In n unanimous ver
dict giving us the ore bodies.
Ten months later Jude Kno-vles reversed
the verdict because ho alleged that the Jury
might have ben Influenced by certain ar
ticles appearing in the local papers against
the Standard Oil company. Immediately
we asked Judge Knowles either to vacate
ths order of Injunction or to continue It.
That was the only way to make the matter
appealable to the circuit court.
Our counsel considered we were enjoined
In proceeding based upon an improper
complaint, and this la the point we wanted
to bring Ivefore the appellate court, but as
long ss Judge Kncwles refused to make
any order of any kind there was nothing
which could be brought before the court
of appeals.
Under the circumstances, there was noth
ing to do but to raise the point In this way.
By making this move we believed we might
get the courts to pa.ss upon the point of
law concerned. We have not done so. but
we have won the ripht to appeal should we
maintain that the injunction was Improp
erly Issued.
INSTRUCTED AGAINST BRYAN
Jury Brlnas In a Verdict that Sealed
Letter la Hot Part of Ben
nett Will.
NEW HVEN, Conn,, March SI r-A. find
ing that the sealed letter by which Phl'o
S. Bennett expressed a wish that $09,000
should be given to William Jennings Bryan
and his family was not a part of the lr.rt
will of Mr. Bennett was returned by the
Jury today in the superior court In the
trial of Mr. Bryan's appeal from the de
cision of the probate court.
The Jury was directed by Judge Qager
to bring In a verdict agalntt Mr. Bryan.
An appeal will be token to the supreme
court
Judge Gager said In part;
The sealed i"tter has been offered as a
part of the will of Mr. Bennett. Its ad
missibility ; p.irely a question of law for
the court. Tiie statutes (is to the execu
tion of wills provlces that no will or codicil
shall pass aiy tate until it shall be writ-ti-n
and subscribed by the testator and at
tested by three witnesses.
Continuing, Judge Onger n".ld:
But there are either rTcninds equally
fatal to the claim of the appellant. The
sealed letter is not described )n the will
with sufficient certainty. The language of
the will is "for the purposes eet forth In
a scaled letter which will he found with
this will." There is nothing whatever to
Identify it; no esrintirks upnn it v.-hleh
will show that it was the letter that the
testator had In mind when he put his name
to that will.
ARE FOND OF BR"oiTED DOG
Savasea at World's Fair Will Get
guv ply of Favorite Irish from
Dow Pound.
ST. LOUIS, March 31. The members of
the Igorrote and other savage tribes of the
Philippine Islands at the World's fair de
mand that dogs shall be served them dally
s a portion of their bill of fare. Not sines
they left Seattle. Wsshlngton, have tgcv
tasted .oast or boiled dog, their favorite
food. Mr. Ilealy today applied to the city
authorities to furnish Urn with canines
from tho dog pound, and permission was
granted. The Igorrotea are head hunters nt
home and will not wear clothing of mod
ern architecture.
HABEAS C0RPUS FOR A0YER
Judsr Stevens Issues Writ Directed
Aaalnst Mllltla Officers of
Colorado.
GRAND JUNCTION. Colo., I's.rch SI.- j
ZVstrlet Judge Btevens las Issued a vrlt
of habeas corpus for Chailes H. Moyer,
president of the Western Fi deration of
Miners, who Is being held prisoner by Ihe
military at Tcllurlde. The writ is directed
to Adjutant General Sherman M. Bell
and Captain Bulkely Weils.
The only reason given for the conlne
ment of Moyor Is "military necessity."
Judge Stevens recently released Moyer on
bend, but ho was Immediately rearrested
by the militia.
I
INDJCT POLICE
OFFICERS i
Federal Grand Jury at St. I.ouls Orlt
Ictaes Governor Doekery and Al
leged folltlrul Machine.
ST. IXXM8. March Sl.-The grand Jury
called some time ago to Investigate the al
leged assaults perpetrated innn voters dur
ing the democratic prlnuriis on March 12,
made a report late today, returning In
dictments ugaiast seventeen pollcem-in and
John I-avtn, central committeeman from
the Twenty-eighth ward, charging them
with fulling to quell the disturbance. The
report also severely criticises Governor
Dockery for "allowing the Bt. TxjuIs police
department to he used as a political ma
chine." Denver t.ueo for Trial.
K'HTlV. March 31. The cruiser Tienver.
bnlll bv SVafli. l,ey of Plili'ul.-.iphU, lefl
tie h-.rbor today for Ita t. run over
t'-e r.'Mme it-lai.d course Tho weather wus
cloud, with a brink southerly wind.
RUSSIANS TO ATTACK
Belief in Et Petersburg Kenropatkiu Will
Malt Hii Fight in Cores,
MOVE TO IIAO YANG SO INTERPRETED
Many Ramon Are Floating Around in the
liatoovite Capital
ONE HAS MIKADO JN FIELD IN PERSON
!
Another Flaoes Force of Enemy at Ink an at
( Hundred Thoimnd.
TOGO TO TRY BOTTLING TRICK AGAIN
Larse number of Old Hulks Being
Accumulated to Further Effort to
Block Kntrance to Port
Arthur.
(Copyright by Nw Tork Herald Co., I90i.)
ST. PETERSBURG, March sL (New
l'ork Herald Cablegram Special Telegram
to The L'ce.) Tho prompt departure of
General Kouropatkln for Liao Tang Is In
terpreted here as confirming the opinion
of those who believed that Instead ef wait
ing for the Japanese to advance, aa popu
larly Imagined, he will at once proceed to
tackle the enemy In Corea,
Today this town ie full of reports. One
is that the mikado Is going to Seoul to
head his staff. Another tells of the dis
covery ot a plot to overthrow the Ctvtean
dynasty, while a third reports the arrival
of 100,000 Japanese at Inkan.
Finally oomes the almost unnecessary
assertion thut Sweden has no aggressive
intentions. Its modest warlike demonstra
tion being merely what It deems necesaaiy
for the preservation of its rights of neu
trality and not In any way meant aa ptn
pricks for Russia.
The Port Arthur fleet la by no meant
bottled up, as Is shown by Its sinking u
Japunese newspaper steamer at Tal Chin
island, one of the Mlaotan group, well out
from the coast, after which the ships put
on full steam and returned to Port Arthur
China's attitude Is still causing some
anxiety In St. Petersburg, while Tukio has
boen oelebratlng the fiftieth anniversary of
the visit of Commodore Perry, by which
Japan's porta were opened to the world.
Tos;o to Try igais.
NEW YORK. March Twenty-sight
old and uselans steamers have beea requisi
tioned, stripped ot all rnaohlrtery but that i
neccsaary to Lav'flon, nod are baM-ln'--rcadlneaa
for Vice Admiral Togo's iMom,
says a dispatch to the World from Ka-,
gcsakl, by way of Shanghai The Japa
nese are determined. It would appear, to
block Port Arthur chaonal acd six vessels
will be sent at a lime to Jolm the fleet.
MANY JAPANESE REPORTED KILLED
Much Skiriulsaraa; Between Plug
Van iviid Wl Ja.
LONDON, April l.lita correspondent of
the Dally Telegraph at Seoul reports that
there la continuous eklything between
Ping Yang and VVI Ju a'-d r.t many Japa
nese have been "filled. The correspondent
adds that a Corea n spy at Ping Yang has
been shut by the Japanese.
RISSIA MISTRISTS THE OIINBSE.
Press Warns tiover ument that tho
Celestials Canuot Be Trusted.
ST. I'LTiCKSBL'KG, March U.-CL link
ing Japanese rcerchant ;nen In Bacgarl
straits at Uie cper.lng of Uie war, tlK'M
h&a been distributed in prise money to tho
trewa ot the four cruisers of the ' dlvo
Htok squadron.
The Invalid Rubs, the army otgan, con
cludes from General Mishtchenao's reports
that the Japanese are continuing tkalr con
centration and gradually advancing oa
their way to Wlju, their advanoe guard
being ai Kah Han and their outposts tea
miles further north. The paper deoilnce
to preclct tho future phases of the Japa
nese advance upon the Yalu,
In connection with ths activity of the
Chinese along the fehan lal Kwan rail
road the Bourse Gazette vams the powers
of the unreliability of Chinese neutrality,
and says it believes they are making a
sei ions' mistake, declaring that the celes-'
tlals are going to mtonlsh the world when
the world least expects It.
The Gazette further declares It to be
the duty of the powure to take collective
action to vtiengtheu the pr.bsure at Pe-
king in order to compel the i particlpa- '
lion of China In the war, and concludes:
'Russia cannot ft-. ever play the solitary
nutch dog of civ' ustiov In the far seat."
The Novoe Vremya agists the govern
raent to protest against the variation of
the Geneva convention In the lolstlng of
Red Cross flags to pr.it m-t the Japans
trr-ps in the fiKht at Chot g Ju
The Buss thinks Marine -iWister Yaraa
moto's fpeech Tuesday last osfore the
Japanese. Parliament arout the difficulties
encountered at J'ort Arthur waa designed
to throw the Luisiane eff their guard,
and relieves the Japanese vlll do every
thing In their power to laxe Port Arthur,
t-raua if they fall, the Japanese will be
reduced solely fn a land campaign In
Corea.
The chief of the -imm'.i'sary department,
P.oslkovsky, f jh that not a lound of moat
or bread Is teing lent In Manchuria, as
the cattle snd grain available there aro
more than nfflclent for the demand.
j j-:i ormoiis herds and stores of flour are
I being concentrated at Harbin. About ,.
J 000 boxes of tinned meats will be kept at
j likutxk for the outgoing troops and rail
I road men. All the tinned meats are being
put up in St. Petersburg and at Riga,
according to a German process, by which
the contents can lie served hot without the
use of (Ire, the tin being plsced In another
j filled with water, hih! having a false bou
torn, containing u carlildo mixture which
Ih forced Into the water when it la desired
to do so und brings the contents of the
inner can to a IkiiIIi g point.
; ,
UKnilD THREATEN TO SI f 1TEH
t
C.reiin Inauritriils Make 1 lle lm
PMnnlng A...-lt on Korela.era. ,
NEW YORK. March SI. Ui conn-rttni
Willi r ports from Ceiea of tiuu.Je nirvng
the Datives, it dh-p?:tih to th" Wurld from
booul. mulct' dale vl AiaicU Zt, tvi --('
(
'i