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ESTAIiLIBHKD JUNE 19, 1S71.
OMAHA, TUESDAY MORNING, JUNE 27, 1905 TEN TAGES.
SINGLE COrY THREE CENTS.
ENVOYS ARE NAMED!
Bussia and Japan Hake Tentative Selec
tions of Peace Plenipotentiaries.
OFFICIAL ANNOUNCEMENT EXPECTED - N
Earon Eoien and M. Nelidoff Will f i-
4
FRENCH FEELING IS EASIER
Definite Determination In the Moroc
can Affair Mill Boon He
Benched.
lent Ciar'i Government.
KOMURA AND TAKAHIRA FOR
C
M 0
Latter Will Probably Be EaiEed
Bank of Ambassador.
he
LITTLE PROSPECT 'OF ARMISTICE
Begun In Man-
Thonght This
Rainy Season llaa
chnrla and It la
Will Prevent Extensive
HoTPmeilt.
m
WASHINGTON. June 2.-Russla, hat
given reassurance In the peace negotiations
by placing the president In possession of
the tentative selection of her plenlpoten
tlarles as follows: M. Nelldoff, the Rus
sian ambassador at Paris, and Baron Rosen,
the newly appointed Russian ambassador
at Washington. Russia thus havfng taken
the Inltatlve, it Is believed that M. Taka
hlra, the Japanese minister, during his call
today at the White House, formally told
the president that Japan's selections, also
tentative, were Baron Komura, the Japa
nese minister for foreign affairs, and Ko-
goro Takahlra, the Japanese minister at
Washington.
Official announcement of the names of
the plenipotentiaries Is withheld for several
reasons. Mr. NelldofT's health may not
permit him to make the trip and pressure
of official work may necessitate the pres
ence In Toklo of Baron Komura. Mr.
Takahlra and Baron Rosen are regarded
us the certainties and the belief Is that
unless something unforeseen should occur
both Russia and Japan will consent to the
official announcement of the personnel of
the Washington conference within a fe
days. In any event, both missions will
consist of many advisors. Including army
and possibly naval officers, and officials
from the Foreign offices In Toklo and St
Petersburg. It Is expected that altogether
each mission may number ten or twelve.
Should three plenipotentiaries be deter
mined upon both Russia and Japan have
names under consideration which will en
able them to announce their third repre
sentatives without delay.
In recognition of his services during the
preliminary negotiations and In view of the
high official rank of the Russian plenipo
tentiaries. It Is believed that the official
announcement of Mr. Takahlra' s appoint
ment will be followed by bis elevation to
the rank of ambassador. In view of the
fact that Japan Intends when the war Is
over to elevate Its legations at Washington,
London, Berlin. Paris, Vienna, St. Peters
burg and Rome to embassies, it is believed
Mr. Takahlra' s elevation would be perm
anent. While It Is not certain that he will
be given embassadorlal rank, nor la It
necessary to his appointment as a pleulpo
tentlary, 'Officials of the American govern
ment point out that this would be the
regular and expected course for the Japa
nese government to follow.
Haln W1U Aet as Armistice.
Interest regarding an armistice has
largely diminished in the last few days,
because of the receipt of Information that
the rainy season is beginning In Man
churia. It Is believed here that tills will
serve the purposes of an armistice in pre
venting a clash before the convening of
the conference in August. Moreover, the
informal soundings initiated by the presl
dent at Toklo and St. Petersburg did not
yield much hope for successful negotiations
looking to an armistice until after the
plenipotentiaries meet. If Japan is then
convinced of the serious desire of Russia
. for peace It will readily consent to an
armistice.
Count Caasnnl, the Russian ambassador,
who had Intended seeing the president at
the White Houss regarding a detail of
, the negotiations, was detained at the em
bassy and so drove direct to the railroad
station when the hour of the president's
departure arrived and bald a brief conversa
tion with the president on the rear plat
form of the latter's' cajr. The president's
greeting to the ambassador was especially
cordial and the two clasped hands warmly
at parting. Count Casstnl was the only
ambassador at the station when the presi
dent left. Baron Speck von Sternberg, the
German embassador, was the president's
guest at luncheon, and other callers at the
White House during the day were Sir
Mortimer Durand. the British ambassador,
and M. Jusserand. the French ambassador,
Desires Meeting; Aut 1.
The president has expressed a wish to
the Japanese and Russian governments
that the plenipotentiaries meet In the
United States August 1. and If not on that
date at the earliest date thereafter. The
following statement regarding the meeting
of the plenipotentiaries was made public
at the White House today.
The president has received from both the
Russlun and Japanese governments the
statement that the plenipotentiaries of the
two countries win nieec in nn l uhc
fttatM during the first ten days of Auk lint
and the president has expressed to both
governments the wish that the meeting
h,,ulrl t&Ua nlace. if oosslble. August 1. and
If not on that data then on the earliest
date thereafter.
Movements In Manchuria.
8T. PETERSBURG. June 27. J 35 a. m.
Hostilities In Manchuria apparently have
not reached the stage of a general en
gagement. Dispatches from both com
manders indicate thnt there Is a steady
skirmishing along the main front, where
minor detachments are fighting back and
forth over practically the same ground,
with no deciding1 advantage to either.
The! tactics seem designed chiefly to
maintain contact and to worry the van
guards while sparring for position before
the development of the main battle.
The usual Chinese reports have been re
ceived that a turning movement has be
sun. but the war office discredits them
and declares that no considerable Japanese
force kas yet appeared on General Llne
vltch's flanks.
The Russian cavalry has lately been ac
quitting Itself with better effect than be
fore, since the beginning of the war and
the members of the general staff are con
fident of its ability to prevent a repetition
of General Nogl's march on Mukden and
to uncover in season any attempt of the
Japanese to circle the Russian wings.
Two telegrams were received today by
Emperor Nicholas from Lieutenant Gen
eral Llnevltch, dated June 2 and June S.
respectively, and referring to the move
ments of June 3 and June C. On the lat
ter day a Japaneso attempt to dislodge
the Russian outposts In the valley of the
Kas was repulsed, while the Russians in
the Hallungchen district dislodged the Jap
anese outposts at Nanshancheng and ad
vanced i ithward of that piace. The Rus
EVIDENCE AGAINST MITCHELL
Pormer Secretary of Senator Tells of Expe
diting of Kribs Claims,
PARIS, June 26.-6:45 p. rn. Although
Germany's formal reply to the French note
has not jet been received there Is reason
to believe that the Interview lietween Chan
cellor von Uuelow and M. Bihourd, the
French ambassador to Germany, resulted
In quite fully foreshadowing Germany's
Intentions. The results of the Interview
are now in the possession of Premier Rou
vler and he la not likely to make them
known before the meeting of the council
of ministers tomorrow when the status of
the negotiations will be fully gone over.
However, a definite determination either
favorable or unfavorable, will not bo long
deferred. Several proposals are under con
sideration to terminate the crisis but If
one of these Is definitely chosen the officials
will be unable to predict Its chances of
success.
M. Rouvler conferred at noon with M.
Leon Bourgeois and Jules Cambon, the
French ambassador to Spain. M. Bour
geois has been under consideration for a
special mission to Berlin.
It Is understood that M. Rouvler will
receive Prince Riidolin, German ambassa
dor to France after the meeting of the
council of ministers tomorrow. Public ten
sion over the controversy In much relieved,
the Bourse sharing In the Improvement.
B EH LIN, June 26. 6:45 p. m. The second
Interview of M. Blhourd, the French am
bassador, with Chnncellor von Buelow was
devoted to a detailed discussion of the
French note but the Foreign office abstains
from giving any Information regarding the
results reached. It Is seml-ofncially an
nounced that the German answer has not
yet been drawn up hence government and
press resent the assertion In London news
paprs that the Germon government refuses
to take Into consideration every point raised
by Premier Rouvler and through the Ger
man press a growing Impatience is mani
fested at what Is regarded as a British
attempt to embroil Germany and France.
It Is noted with satisfaction that some of
the French statesmen begin to Interpret
Great Britain's Interest In the Franco-German
difficulty In the same way. The news
papers quote approvlnyiy the words of
General de Galllfet, the former war minis
ter of France that Great Britain alone wants
war between France and Germany for It
would be to her own advantage and at
France's expense.
Similar views are expressed In the Ger
man press, the writers arguing that Great
Britain having gotten rid of Russia for a
generation through the war In the far
east Is delilierately working to fan the
flames of the old hate between France and
Germany and cause another war which
must weaken her only formidable rivals In
western European politics. Hence the
press discussions of the Moroccan questions
are giving more and more Importance to
the role Great Britain Is playing In the
controversy. It Is noted that the relations
between Germany and Great Britain never
were worse than at this moment. Hints
dropped In official circles Indicate that the
chagrin that was felt at the Berlin court
at the fact that King Edward sent no more
important representative to the wedding of
the Crown Prince of Sweden than the young
Prince Arthur of Connaught, while It Is
plainly intimated the failure of Emperor
William to send any representative at all to
the wedding of Princess Margaret of Con
naught was Intended to give expression to
his resentment at this slight. Contrast Is
then drawn between the emperor's action
in his desire to be represented at every im
portant function at Windsor castle during
the life time of the late Queen Victoria. In
view of this tension between Berlin and
London It is believed that Germany . will
make many concessions In order to reach
an understanding with France.
UNDERGOES SEVERE CROSS-EXAMINATION
Attorneys for the Defense Are l nahle
to Shake his Testimony Court
Overrates Dfiuirrer In
Other Cases.
CCRZON
MAT
RESIGN
OFFICE
Viceroy of India Said to Dislike Ap
proval of Lord Kitchener's Plans.
SIMLA, India, June 36. It Is freely ru
mored that the viceroy. Lord Cunon of
Kedleston, has either already tendered his
resignation or shortly will do so. In conse
quence of the decision of the home govern
ment whereby Lord Kitchener, commander-
in-chief of the forces In India, has been
given complete control of the army in
India. Two special meetings of the In
dian council have been held since the
publication In London of the blue book
referring to Lord Kitchener's plans, the
approval of which is considered to be a
severe blow to Lord Curxon. since he, and
practically the whole council, unanimously
advised against the decision ultimately
adopted.
The keenest excitement prevails In offi
cial circles here. The Times of India de
clares that India cannot afford to lose
"either of the great men. Lord Curxon or
Lord Kitchener, who dominate Its affairs."
LONDON, June 28. While It Is considered
quite possible that Lord Curxon may ten
der his resignation because of the course
taken by the home government directly at
variance with his views. It Is not believed
that It will be accepted or that the vice
roy will Insist on qultlng his position, at
least until after the prince and princess of
Wales have completed their tour of India,
extending from November to March.
A question asked In the House of Com
mons this afternoon elicited from Indian
Secretary Broderlck the statement that the
government had received no Information
to the effect that Curxon had any desire
or Intention of resigning the vlceroyalty of
India.
PORTLAND, Ore., June 26. Harry Rob
ertson, I'nlted States Senator John II.
Mitchell's former private secretary was the
principal witness for the prosecution today
in the trial of Senator Mitchell. Robinson
told fully, without reservation, of his con
versation with Mitchell at Washington, of
the latter's fear of prosecution for his
work lx fore tLe departments and of Mitch
ell's rage when Robertson expressed to his
employer the belief that denial was useless,
as several knew of the connection of the
firm of Mitchell & Tanner with the work of
getting the Krlbs claims expedited and the
likelihood that the whole story would come
out.
Instructions from Mitchell,
Upon being subpoenaed to appear before
the grand Jury the witness said ho went to
Senator Mitchell and showed hlra the sum
mons, asking the senator what he could be
wanted In Portland for. The senator said
It was to testify about the accounts of
the law firm of Mitchell & Tanner, and
told him that Tanner and his son were
threatened with Indictment. Mitchell told
Robertson that when he reached Portland
he should go to Tanner and look at the
partnership agreement and Tanner would
tell him how to testify. The senator had
cursed the prosecution and had said any
thing was Justifiable in defying the govern
ment. On Robertson's return to Washing
ton after appearing before the grand Jury
Senator Mitchell, the witness said, shook
his fist In Robertson's face and swore at
him for his actions In Portland and Robert
son thereupon resigned his position. In
continuing, the witness said Mitchell finally
acknowledged that he had known Krlbs
and remembered the partnership agree
ments with Its damaging clause. He cried
and swore and said that he ought not to
be prosecuted for the matter as he had
only received a few small checks for what
he had done.
Witness Identifies Letters.
The evidence given by Robertson was
direct. He Identified letters given by
Mitchell at Washington to be delivered to
Tanner, but which were given to Prosecu
ting Attorney Heney and the grand Jury,
keeping nothing back, but telling to the
best of his recollection the plans made by
Mitchell and Tanner to evade prosecution
and how these schemes came to naught.
The former bookkeeper of the firm of
Mitchell & Tanner and later secretary of
the senator supported strongly with his
testimony the allegations of the Indictment
upon which Mitchell Is being tried.
During the recital of Robertson's testi
mony Senator Mitchell showed every evi
dence of mental agueiy. He writhed in his
chair and protested with his attorneys for
allowing the introduction of the evidence.
Robertson underwent a severe cross-examination,
but the defense could not shake
his testimony. The government closed its
case at t:4fi p. m.
Defense Opens Case.
The defense then opened its case, call
ing T. O. Abbott of Seattle, W. IL O'Dell
of Salem, J. P. Fullerton of Roseburg, A.
8. Stlllman of Pendleton and W. D. Wheel
wright and T. B. Wilcox of this city, all
of whom testified to having received assist
ance from the defendant before the various
departments In each case of which tho
senator had refused compensation. The
case of the defense will be continued and
perhaps finished tomorrow. It Is the opin
ion that Senator Mitchell will take the
stand In his own behalf.
When the afternoon session of court
opened Judge De Haven announced that the
demurrer In the cases of Congressman J.
N. Williamson, Dr. Van Gessner, Marlon
Biggs and that of Williamson and State
Senator E. P. May et al. would be over
ruled. .The case of the United States
against Williamson, Gessner and Biggs was
set for next Monday and the court an
nounced that all of the cases yet remain
ing on the land fraud calendar would be
set for hearing on Friday next.
VOTE TO REMAIN ON STRIKE
( hlcaao Teamstee Refuse Terms Of
fered by Employers I nlon Ran
nlns; Short of fundi,
CHICAGO, June '24. By a practically
unanimous vote toriiKht. the teamsters re
fused to accept thegterms recently offered
by the employers, nd the prospect of a
settlement of the strike has vanished. The
terms offered by the employers were those
which have been published from time to
time, with the addition that the question
of wearing the union button should be left
for the decision of individual employers.
Only two unions, the department store
drivers and the express drivers, voted on
the question, the other unions agreeing In
advance to accept the decision of these
two unions.
President Shea has Issued a call for a
general meeting of all the local teamsters'
unions to be held tomorrow night. He
has announced that the only question to
come before the meeting Is that of financ
ing the present strike. Other labor men
declare, however, that the chief topic of
discussion will be the spreading of the
strike.
Today 600 lumber drivers expected to re
ceive strike benefits of fi n week. It was said
the treasury' was empty and officials of the
union were anticipating trouble. The peace
cemmittee, whose resignation was rejected
by the teamsters' Joint council Saturday
night, completed Its arrangements today
to present the employers' terms as given
out by John V. FarwAII, Jr., to the meeting
of the deportment store drivers and the
express drivers tonlgttt.
Grand Jury investliyttlon of alleged cor
ruption in connectlort with Chicago's labor
troubles ended today and Assistant State's
Attorney Fake laid before the Jurors de
cisions on which they may act In voting
Indictments. I
The general strike of teamsters, consid
ered Imminent last week, received a set
back from International President C. P.
Shea, who argued that no injury could be
wrought to the big employers against
whom the present strike Is directed by In
volving thousands of other members of the
teamsters' unions, and spoke emphatically
against any extension of the struggle.
Lack of funds Is the condition that con
fronts the strikers. More than $4,000 was
required today to pay the strike benefits
to the lumber drivers. Some trouble was
experienced by the union leaders In raising
this money.
TAFT TO YALE LAW SCHOOL
Secretary Talks to Alma Mater on Admin
istration of Criminal Law,
NEBRASKA WEATHER FORECAST
rartly Cloudy Tneadnyl Showers In
Mnrthcrn Portion! Warmer In West
WRECK ON ILLINOIS CENTRAL
Three Passengers Killed and Fifteen
Injured In Renr Knd Collision
at Vine Grove, Ky.
LOUISVILLE. Ky., June 26.-Three per
sons were killed and fifteen injured as the
result of a rear-end collision on the Illinois
Central railroad near Vine Grove, Ky.,
forty miles west of Louisville this after
noon. The dead:
PETER WILSON, aged IS, Jeffe.rson
vllle. Ind.
CHESTER SEAMAN, aged 11, Litchfield.
Ky.
S. A. KIRKPATHtCK. Hodgesvlllo, Ky.
Among the more seriously injured are:
B. F. Wheeler, llodgesville, Ky.. skull
fractured. ,
Joseph Rltter, Illinois Central car re
pairer, Louisville.
J. D. Creasy, Benham, Tag.
R W. Rogers, Warrensburg, Mo.
Mrs. J. A. Lander and daughter, War
rensburg, Mo.
The Illinois Central officials say an In
vestlgatlon as to the cause of the accident
Is In progress. Trainmen stated that the
passenger train. No. 1. which was an
accommodation train bound for Louisville
was running at a speed of about six miles
an hour when the fast freight. No. 14, run
ning at the rate of twenty-five miles an
hour, dashed around a curve and ran Into
It. The two rear coaches of the accomniO'
datlon were demolished. Little damage
was done to the freight train. The en
glneer and fireman escaped by Jumping.
DASISH NtYAL CADETS DROWN
(.Continued on Second Page
"OPEN SHOP" IN PHILADELPHIA
British Steamer Strikes Training; Ship
and Twenty-Two Go Down.
COPENHAGEN. Denmark, June 26. A
serious disaster occurred last night near
here when the Danish cadet training
schooner Georg-Smge was rammed and
sunk by the British steamer Ancona. The
Georg-Stage sunk In one and one-half min
utes. Twenty-two cadets were drowned
and fifty-seven rescued.
The boys were all In their bunks at the
time of the disaster. The night was over
cast, but 11 was not so dark that objects
could not be aeen at some distance.
The Ancona was considerably damaged
along Its water line. The port authorities
have placed an embargo on the Ancona,
which will remain here until the inquiry
Into the collision Is completed.
Thus fur only a single body has been
recovered by the divers who have gone
down to the wreck.
First Officer Myhre of the Georg-Stage
attributes the accident to the Ancona.
changing its course. He said the Ancona'
bow crashed seven feet Into the training
schooner's side, bringing down the latter a
masts and rigging and preventing mar, of
the cadets from gaining the deck. i'hos
not entangled In the wreckage sprang on
board the Ancona and assisted in launch
ing the lifeboats. Myhre himself Jumped
into the water and rescued many boys
who were entangled In the rigging.
The Georg-Stage was a schooner of I0S
tons register and was KJ feet loag. Ap
parently it was a training vessel for the
Master Printers Anticipate Demand
of Union by Throwing; Down
the Bara.
PHILADELPHIA, June 26 A nine-hour
workday and an "open" shop was Instituted
today In forty-five of the leading printing
establishments of this city, employing, it Is
said, two-thirds of the local compositors.
At all the shops which have Joined in the
open shop movement the following notice
has been posted:
On and after June 24, 1906, the composing
rooms of the following members of the
typothetae of Philadelphia will be operated
as open shops; the hours of labor and ihe
scale of wages will remain as at present.
This action was decided upon at a recent
meeting here of the Vnlted Typothetae, at
which master printers from all sections of
the country were represented. It was
taken In anticipation of a demand to be
made by the printers for an eight-hour
work day, beginning next January. No
immediate opposition to the new order Is
expected. The national convention of
printers will be held in Toronto In August
MONEY FOR SEWARD SEMINARY
Lutheran Synod Appropriates fUH.OOO
for the Construction of fw
Hall and Class Rooms.
DETROIT, Mich., June 2K. The triennial
convention of the Evangelistic German
Lutheran synod of Missouri, Ohio and
other states. In session today, voted an ap
propriation of $30,000 for the erection of a
new building at the St. Louis Theological
seminary. The new structure Is to con
tain a dining hall with a capacity of 300
people and two or three large lecturlns
I halls. A seventh professorship at the St.
Louis seminary was also created, the place
to be filled later. An appropriation of
$5,000 was made for repairs on the build
ings of the Springfield, 111., seminary.
The sum of J000 was voted for a new
hall and class rooms for the seminary at
Seward, Neb., and the course at Seward
was increased to five years.
JURY SYSTEM BECOMING A FETICH
Limitations In Favor' of the Indi
vidual So Elaborated that Con
viction for Crime Has Be
come Difficult.
NEW HAVEN. June M.-The graduating
exercises of the Yale law school were held
this afternoon. The address to the class
was by Secretary of War Taft, who spoke
on "The Administration of Criminal Law."
Mr. Taft said in part:
One of the most useful results of our
recent territorial expansion for those who
have hud to do with uniting our new pos
sessions with this country and adjusting
certain of the Spanish codes which we
found In force in 1'orto Rico and the Phil
ippines to the new American sovereignty
has been the comparative study made nec
essary of the two great systems of law
the Roman, or civil law, and the Anglo
Saxon, or common law.
Those who have been educated In the
principles of common law and have not
extended study Into general Jurisprudence
are apt to be narrow In prejudices in favor
of the common law ami are prone to think
that there Is very little for us to learn
from the civil law which can be usefully
adopted by a government in which the lib
erty of the Individual Is held so sacred and
the power of the government toward the
subject or the citizen is restrained by such
careful regulations as In England, In
America or any of the popular self-govern
ments ror which eltner of tnose countries
is responsible.
After referring to the Institution of the
writ of habeas corpus, trial by Jury and
other means of preserving the rights of
he Individual against the oppression of
the government Secretary Taft continued:
As these served their purpose so well In
ancient times, when the battle for civil lib
erty was fought and won. the first Impulse
of the American lawyer Is to apply them all
as a panacea to the government and crim
inal procedure of our new possessions; but
further Investigations, with a deepening
sense of responsibility for the government
of a body of people whose welfare has been
forced upon us as a sacred trust, leads to
much more conservative attitude in re
spect of the needed changes in the existing
procedure.
we nave no right to force on the Forto
Rlcans or the Filipinos Institutions of our
own which have proved of the highest ben-
em to us unless we can see on other man
mere sentimental grounds connected with
our own history that such Institutions will
now prove beneficial to them in their pres
ent condition.
Trial bv lurv has been adopted In Porto
Rico. It has not been adopted In the Phil
ippines. I do not think It too much to say.
however, that it has proven to be a failure
thus far In Porto Rico. The first Question
was in the Philippines. Shall It be adopted
in civil cases? it would seem unwise. It
Is by no means clear that in our Jurispru
dence trial by Jury In civil cases is an un
mixed good. The abolition of the Jury In
civil cases would relieve civil suits and
would not, I think, with proper appeal de
prive any litigant of an Impartial hearing.
Of course, it will never be done In courts
of the United Slates and perhaps never In
any of the states. However this may be,
in view or present conditions we are not
called on to Introduce the Jury In civil
cases Into the Philippines.
Juries In Criminal Cases.
In the matter of the criminal procedure
me question is very mrrerent. In a coun
try where a part of the Judges are aliens
It would add much to the satisfaction of
the people if a part of the Judicial tribunal
were made up of a Jury of natives, and If
this were consistent with the safety of the
community those responsible for the new
government would certainly Introduce -the
jury system in tne trial or crimes. Maul
festly such a tribunal would have no place
among an Ignorant people, or indeed even
among a people wno are somewnat edu
cated. If they have not lnculated In them
a sense of responsibility for and of shar
lng In the government. It Is this sense of
Justice which Is Implanted naturally In the
Anglo-Saxon breast, but which is absent
In the Porto Rican and the Philippine and
Filipino.
In ndoptlng a system for the punishment
of crime for a new country the first Ques
tion which can be asked is "how have the
Portion. Wednesday Fair,
Temperature at Omnha Yeaterdnyl
Hour. Dear. Hour. Dear.
H a. m WI 1 I. nt TA
O a. m ta 8 p. m TT
7 a. m.,... . U4 3 p. m SH
S a. m Htl 4 p. m T
l a. m HH R p. m fT
10 a. m Bit tl p. m ...... TT
11 a. nt Tl T p. m TT
19 ni T3 H p. in 74
, p. m 73
CHICAGO GRAIN FIRM FAILS
RecrlTrr for Kulaht, Donnelly A Co.
Appointed on Petition of
Their Creditors.
CHICAGO. June :'6.-Credltors of the
grain commission house of Knight, Don
nelly & Co. filed an Involuntary petition In
bankruptcy against the company. Edwin
W. Potter was appointed receiver In bonds
of $100.00). The claims of the petitioning
creditors aggregate $16,000, but It Is said
that the liabilities will amount to hundreds
of thousands of dollars. Preferential pay
ments to one creditor while the company
was known to be Insolvent is the basis for
the action.
R H. Donnelly, the senior member of the
firm when seen tonight regarding the fail
ure declared that no one would be harmed
financially, but he refused to give any rea
son for the failure of the company.
"We are not carrying a large quantity of
grain in the Chicago market, or a large
line of stocks at New York. All the banks
which hold collateral for us are working
together and they will not throw the stuff
on the market In the morning and sacri
fice the Interests of our creditors. As near
as I can estimate tonight, our liabilities are
about $250,000 and our assets are about $100.-
00. This estimate Is made by taking as a
basts the closing prices of stocks and grain
today. I cn see no reason tonight why
our trades cannot be closed without affect
ing the market In any material way, as our
transactions are so well balanced that one
side will almost offset the other. As soon
as Receiver Potter cleans up our affairs
the firm of Knight, Donnelly & Co., will be
dissolved."
The firm had wires running to New
York, St. Louis and other leading financial
centers of the country.
RAID DELMAR BETTING RING
Sheriff Takes Possession of It While
Bookmakers Are Watching;
Parade of Horses.
DELAYS FREIGHT RATE CASE
Hearing Postponed on Missouri's
Regulation Act Before Federal
Judge at Kansas City.
KANSAS CITY', June 36-Argument on
the order of the I'nlted States district court
granting a temporary Injunction and re
straining the state railway and warehouse
commissioners of Missouri from enforcing
the new maximum freight rate law, which
was set for today, was postponed until to
morrow by mutual consent,
Tho temporary Injunction was secured on
June 16 by eighteen railways doing business
In Missouri, and they seek to have It made
permanent.
GENERAL WINT TAKES CHARGE
He Will Have Command of Northeru
Division I'ntll General Bates'
Successor la Named.
ST. LOUIS. June 2.-Brigadler General
Thomas J. Wlnt, who temporarily suc
reeds Major General John C. Bates In com
mand of the northern division of the
Vnlted States army until a permanent sue
cessor Is named, arrived today and took
command at division headquarters. Gen
eral Wint was in command of the Sixth
mercantile marine and was owned by a cavalry in Chios at the time at the Boxer
private rum ot Copenhagen. 4 rebellion.
CALL NEWSPAPER PUBLISHERS
Milwaukee Men Are Cited to Testify
In Case Against "Paper
Trust."
MILWAUKEE. June 26. All the news
paper publishers of Milwaukee have been
cited to appear In the hearing of the case
of the federal government against the Gen
eral Paper company.
L. T. Boyd, representing the Milwaukee
Journal, today told of the difference In
prices now and before the organization of
the General Paper company. He testified
that In 1S9, the last contract made for
paper prior to the organization of the
paper companies, the price was $1.70 per
hundred pounds, and that now the price
was $2.25. Before the year 19n0 contract
bids were received from all over the coun
try, but since tho General Paper company
organised only one bid waa received.
BOODLE CASES ARE CONTINUED
Missouri's Indicted State Officials
Will Not Be Tried I'ntll
Next Month.
JEFFERSON CITY, Mo., June 28.-The
cases of Former Lieutenant Governor John
A. Lee, charged with perjury, and State
Senator F. H. Farris and C. A. Smith,
charged with bribery, which were set for
hearing today in the circuit court, were
continued until July 31, which is the first
day of the July term of court.
Attorney General Hadley is busy at this
time In the Inquiry' Into the methods of
the oil companies, and it is said could not
prepare for trial at this time of the 8mith
and Farris cases, and as I.ee Is said to
have consented to testify In those casea hla
case was continued until after they are
disposed of. although aet for hearing on
the same day.
so-called guarantees of liberty of the do
fendant worked on the whole?" While In
England crime is punished with as much
severity and uniformity as the public weal
demands and this, although they have the
trial by Jury, although defendant cannot
be compelled to testify and although all
the othei rules of evidence to which I
have referred have full application, how Is
It in this country? I grieve for my coun
try to say that the administration of the
criminal law in all the states of the union
(there may be one or two exceptions,
is a disgrace to our civilization. We are
now reaching an age when we cannot
plead youth, sparse civilization or newness
of country as a cause for laxatlty In the
enforcement of law. '
That makes the difference between the
criminal law In England and In this coun
try. In the first place, while the Jury has
always been a sacred and untouched part
of the tribunal constituted to try crime In
England, the Judges have always taken and
maintained their part at common law In
the trial of every defendant and that part
has been, first, the retention of complete
control over the method by which counsel
try the case, restraining them to the
points at Issue, and. second, the power to
aid the Jury by advising them how to con
sider the evidence and expressing an opin
ion on the evidence, leaving, however, to
the liry the ultimate decision.
Another reason why English Justice still
maintains Its reputation for certainty of
punishment Is the fact that there are no
appeals allowed from the trial In the first
court unless the Judge presiding shall deem
certain questions of law of sufficient evi
dence and doubt to reserve them to a court
ot crown cases reserved.
Power of Judges t Ire uui scribed.
How Is It In our country? We rind that
these constitutional limitations ac pted
centuries ago In tenderness to the d' fend
ant have been elaborated In their scoje and
operation not only by the court but also by
tne legislatures in tne supposed interest of
individual liberty.
The institution of trial by Jury has come
to be regarded as fetish to sucli an extent
that state legislatures have exalted the
power of the jury and diminished tho
power of the court In the hearing of
criminal cases. The function of the judge
is limited to that of the moderator in a
religious assembly. The counsel fur the de
fense, relying on the diminished power of
the court, creates by dramatic art and
harping on the Importance of minor details,
a false atmosphere In the court room which
the lU'lxe is powerless to dispel, and under
! the nypnotic influence of which the counsel
IS auie to leua me jurun iu vuie as jurors
for a verdict, which after all the excite
ment of the trial has passed away, they are
unable to support as men.
Awful Increase of Murder.
And now what has been the result In this
country? Since 1SM In the United States
there nave been 131. afil murders and homi
cides, and there have been ;,26 excutlons.
In 1 me number of murders was l,8ua.
in 1S4 It had increased to 8.MJ. The num
lier of executions In 1&5 was 1. In 14
the number was 116. This startling In
crease In the number of murders and
homicides as compared with tne number
of executions tells the story. As murder
Is on the Increase, so are all offenses of
the felony class and there run be no doubt
that they will continue to Increase unless
the criminal laws are enforced with more
certainty, mwe uniformity, more severity
than they now are.
Certainly the result of the American
criminal procedure as distinguished from
the English criminal procedure does not
encourage us to think that it would be
wise to introduce into the Philippine
Islands a system of Jury trial which now
prevails In most of the states, especially
under the restrictions of the power of the
court which we find ss we go west In this
country. The cure for this growing cancer
In the body politic may be found in statu
tory amendments.
Our country Is disgusted by the number
of lvnchlngs that occur both In the north
and In the south. Nothing but a radical
improvement In our administration of our
criminal law will prevent the growth In
the number of lynchings In the United
Btittes.
ST. LOUIS, Mo., Juno X. For the first
time since the anti-betting law went Into
effect, on June IT, the betting ring at Del
mar race track was deserted by the mem
bers of the Central Turf association, who
are behind the plan to make bets on the
races In a manner not contrary to the
law, and after the first race, persons who
wished to back their Judgment financially,
on the merits of the several horses, were I
forced to make Impromptu wagers with
other spectators at tho race course.
Sheriff Herpel of St. Louis county, ac
companied by several deputies, took pos
session of the betting ring Just before the
horses went to the post In the first race,
but only one arrest was made, Charley
Cella, a member of the Central association,
who was later held under $1,000 bond to
answer a charge of iolating the anti-betting
law.
It Is stated that more arrests would have
been made today, but at the time the
deputies and sheriff closed In on the bet
ting ring, all members of the Central asso
ciation, with the exception of Cella, were
watching the horses parade before going
to the post, and, hearing of the action of
the county authorities, they did not return
to the ring.
The officials of the Delmar Jockey club
announced that the action of the county
officials will not Interfere with the race
program for tomorrow, but It is doubtful
If an attempt will be made by the members
of the Central association to make wagers.
ASTRONOMERS GO TO AFRICA
Party of Government Scientists Go to
Algeria to Observe Total
Eclipse.
PHILADELPHIA, June 2fi.-Wlth a party
of government astronomers aboard the
cruiser Dixie left the League island navy
yard today destined for Algeria. The
cruiser will go direct to Gibraltar, thence
to Algiers and finally to Bona, where the
party will disembark. K
The scientists composing the party are
Prof. G. A. Hill, assistant astronomer of
the naval observatory; Profs. E. J. Yoyell
and J. A. Andrews of the naval observa
tory; Dr. N. E. Gilbert and Dr. L. E. Jewel.
The party Is In charge of Captain G. A.
Norrls of the United States navy. The ob
ject of the trip Is to observe the total
eclipse of the sun on August 30.
When the party arrives at Gibraltar It
will be met by the Minneapolis and Caesar,
with other scientists on board, and the
course that each shall take will be decided.
The entire expedition Is under the direc
tion of the United States government.
Gold for Paris.
NOT' YORK. June 36 The National City
bank today engaged tl.UUu.0u0 In gold bar3
at the asay office in this city for Shipment
to Paris on Thursday.
Murderer Commits Suicide.
LEWI8TOWN, Pa, June :. Ellwood
Garman, convicted of murder In the first
degree for the killing of w llllam Murray
was found dead In his cell at Miftllntown
today. He committed suicide by di inking
carbolic acio.
SUIT AGAINST DULUTH TRUSTS
Claim for Damages Filed Against
Association of Retail and Whole,
sale Grocers and Batchers,
DULUTH, Minn., June 36. Two suits
aimed at the alleged local combine of
grocers and of butchers have been filed
In the district court. M. M. Gasser & Co.,
retail grocers, Instituted an action against
the Duluth Itetall Grocers' association and
Its officers and members for triple dam
ages under the state anti-trust laws.
charging a conspiracy on the part of tho
association, also on the part of the whole
sale and Jobbing houses which are claimed
to be Joint conspirators for the purpose of
raising prices and for the disrupting of
those who refuse to Join the ranks of the
grocers' association or obey Its regula
tlon.
H. C. Seynk asks damages In the amount
of rT.CO0 from the local branch packing
houses, their managers, the Duluth Retail
Butchers' association. Its officers and mem
bers.
He charges collusion between the retail
association and the packing houses to pre
vent him from getting meat supplies.
Movements of Ocean Vessels Jane 2l.
At New York Arrived: Noordam from
Rotterdam, C'itlnla Prince from Naples.
At Liverpool Arrived : Cedrlc from New
York; Ottawa from Montreal .
At Rotterdam Arrived: Rhyndhsm from
New Tork.
At Glasgow Arrived : Columbia from New
York. Sailed: Mongolian for Montreal.
At Gibraltar An ived : Cretlc from New
York. Koenig Albert from New York.
Sailed: Princess Irene for New York.
At Hamburg Sailed: Batavla for New
York.
At Ton's del Gada Arrived: Romanic
from Naples.
iAt nrenien Arrived; siimuwm iiviu
New York.
RED FLAGS FLYING
Anarshist Banners Planted on Barricades in
Streets of Warsaw.
CITY IS IN STATE OF SIEGE
Workmen Who Refuse to Btrike Blabbed bj
Their Comrades.
POLICE MAKE TWO HUNDRED ARRESTS
Heavy Fall of Bain Prevents More Serious
Collisions.
JEWISH DISTRICTS IN FULL REVOLT
Thirty-Four Battalions ot Infantry
and Cossacks Are Stationed la
the Town Business I'rse.
tlcally Suspended.
WARSAW, June 36. Disorderly crowds
have thronged the streets since early this
morning. They erected barricades at
Ogrodowa. Krochmalna and Wronla streets,
on top of which they placed red flags.
The police and soldiers stormed these
barricades and ten persons were wounded
by bullets or bayonets. Another affray
took place at Zelazna street, where Cos
sacks charged the crowd and wounded
three persons. In the Central Market a
crowd attacked a patrol with revolvers, to
which the patrol replied with volleys, kill
ing a boy and wounding three other per
BOI.S.
Five workmen who had refused to strike
were stabbed to death by their comrades.
Revolutionary proclamations have been
posted on 'he walls and 200 persons have
been arrested.
A heavy rain fell all day and this Is
believed to have prevented more serious
collisions.
The social democratic party and the Jew
ish bund announce that the fight against
the government muHt continue, but It Is
believed that with the present show of
military force, the situation will be con
trolled. Business Is at a deadlock.
The city has the appearance of a mili
tary encampment. Infantry and Cossacks
are bivouacked In the streets and patrol
are circulating everywhere. The shops
largely are closed, but cabs and street
cars are still running.
Jewish Districts In Revolt.
2:25 p. m. The Jewish districts are now
In full revolt. The shops and stores are
closed and traffic has ceased. The street
cars have been overturned to form the
nucleus of barricades. Great crowds are
assembling In the streets and the ugly tem
per of both the populace and the troops
threatens to break out in bloodshed at any
moment.
Thirty-four battalions of infantry are
stationed In the town.
A bomb was thrown last night at a car
riage occupied by Chief of Police K. M.
Pavoloff of the town of Cxenstochowa, gov
ernment of Plotrkow. The chief of police
and seven other persons were seriously
wounded.
The city Is In a state of siege. Patrols of
cavalry and infantry are moving in every
street.
The general strike which began Saturday
svas preceded last night by attempts of red
flag demonstrations, but the Cossacks
charged and dispersed the rioters with their
whips. On Vononla street a sullen crowd
made a stand and a patrol fired three shots.
Although thousands of workmen observed
the strike proclamation the tie-up is not
complete. Many bakers have Joined the
workmen and Warsaw is threatened with
a bread famine.
In some of the streets the workmen tried
to throw up barricades and resist the
troops.
State of Siege at Lods.
LODZ, Russia, June 26. The governor
general has proclaimed a state of siege at
Lodz.
Since the proclamation of martial law
the situation has become quieter.
The rumor of an approaching massacre
of Jews has caused 20,000 Jews to leave
tha town.
Scattered cases of rioting as a result of
the Insurrectionary spirit, however, con
tinue. One of these occurred today in tbe
old Protestant cemetery when a patrol
was fired on from behind a wall. The
patrol charged and killed twelve persons.
Business Is at a standstill and all trafflo
has been stopped.
A cose of disaffection among the troops
was reported today, when the officers of
one regiment Informed their commander
that they would refuse to fire on defense
less people. The regiment was at once)
transferred to another place.
The victims of last week's outbreak total
over 1,3X1. Thus fsr the bodies of 313 Jews
and 218 Christians have been burled. The
wounded number ovor 700.
Some semblance of order has been re
stored and the workmen are gradually re
turning to the factories.
Lieutenant General Buttleworth, com
mander of the First cavalry corps, has as
sumed command of the force her during
the existence of martial law.
KOVNO, Russia, June 26 A mob of 1,00
persons surrounded and attacked the police
station and the governor general's palace
today. All the windows were broken before
the rioters were overpowered by the police.
Five policemen were wounded. A detach
ment of dragoons finally arrived and dis
persed the rioters.
Approaches Open Rebellion.
ST. PETERSBURG, June 28,-The red
flag of revolt has been raised at Warsaw,
Kovno and other places in Russian Poland
out of sympathy with the victims of the
rioting at Lodz, and so far as these cities
are concerned the situation almost ap
proaches the dignity of open'rebelllon. The
news received al St. Petersburg is meager
on account of the vigorous censorship, but
It Is evident the troops are being resisted
and a repetition of the sanguinary en
counters at Lodz Is anticipated.
Disorder In Other Provinces.
ST. PETERSBURG, June 27. 316 p. m.
These are gloomy days for the government
of Russia. Every new dispatch accentu
ates the seriousness of the situation in
Poland and the Cacausus, where a state
of war exists and representatives of
strikes, demonstrations and agrarian dis
orders are pouting In from many parts of
Russia proper as if the volleys fired at
Lodz had been the signal for sn outbreak
of general disorders like those following
the events of January 22, "Red Sunday."
St. Petersburg and Moscow have not been
affected, and If mob violence Is to bo
attempted In the two capitals, a recur
rence of former tumults Is likely to occur.
Another spot of danger la Georgia (Rus
ala trans-Caucasia), the war-like Inhabi
tants of which are deeply Incensed over the
affront offered to their clergymen, seventy
of whom, while meeting to discus th
Question of churcb and slate, were attacked