A LULL IN THE FIGHTING
TO DEFEAT REBELS
CALL SWAYNE CASE
PROOF OF COMBINE
I NEBRASKA NOTES
MAN0I1UUIAN WUATHKIC IS
5 ANV-A'
TUINO HUT PiaCASAaT,
ToUlo Kcportu Number Of Skli mlihoi
With The Cziit'ii Fnrccn
In Nortliwcnterii Kurcn
Ktrlko In tula.
T. PETERSBURG Ae
Bordinc to General Kuropatklr.'s hit
tet reports, which indicate the
wounding of a third Russian general,
In Dembowski, the operations at
Bandlapu and the tlh tin ul Shukhe
have been niomenatarily suspended.
Tho Russians successfully repulsed
the latest attack of tho Japanese
eastwurd with heavy loss. The cold
Is still Intonso, there being 24 degrees
of frost. There aro indications that
the Japanese are preparing to break
the inactivity on their own account
as soon as tho weather moderates.
Tho war oillce is closed, further facts ,
regarding the reports that General;
Kuropatkin is about to givo up his
command cannot be obtainod. TheJ
rumor, nowever. is generally ois
credited. General Kuropatkin in a
report to Emperor Nicholas says:
"No fighting was reported on
February 4. At present activity is
couiinea to operations by our volun
teers which harass the enemy
There Is artillery firing on both sides
and a hasty strengthening of posi
tions by both the Russians and tho
Japanese."
General Kuropatkin on Friday re
ported the repulse of tho Japanese
advance guard on tho left flank to
wards Saosyr and Ohansan with
slight hisses, the Japanese leaving
lift dead on the Held.
TOKIO. There were a number of
serious skirmishes along the Shakhc
and Hun rivers Friday night and
Saturday. The Russians shelled
portions of the Japanese line Friday
night and small bodies of Russians at
tacked Waitao and Titi mountains
and places in thoso vicinities. "Re
ports received from Japanese Man
churian headquarters say all tho at
tacks were repulsed.
Friday afternoon Russian batter! .s
itationcd at Liuchientuu and Wan
pao mountain, north of the Shakhe
river, and at other places shelled
the Japanese positions. Saturday
morning six hundred cavalry com
prising one force and two companies
Df infactrv and one battery another,
simultaneously attacked Ghituitse on
the right bank of the Hun river.
The Russians appeared to havo re
wrves The Japanese garrison at
Ghituitse was defending the place
when tho report of tho attack wao
forwarded.
Three hundred Ruasian cavalry
with two guns occupied Songchln,
on Pluksin, bay, northeastern Korea
January 24 but abandoned the town
January 28 and retired northward.
TSINKHETCIlEN, (Dclayed)
Tho Russian loss in the successful re
connaissance of Vantzo pass was nine
wounded.
MUKDEN. During tho night ol
Fobruary 4 Mio Japanese artillery fac
ing the Russian right opened a ter
rlfic lire on the Russian positions
southeast of Sandlapu In preparation
for an attack. The Russian artillery
veplled and tho cannonading lasted
until after noon.
During the night of February 2 tho
Japanese attacked tho village ol
Sobuntanand adjoining Russian posi
tions, but by daylight of February 3
they had been defeated along the tm
tire front.
The Russians even advanced slight
ly. ' Tho Russian losses wero about
800, and those of the Japaneso were
heavy.
Japanese prlsonars believed that an
Important movement is pending.
Briefs In Behalf Of Smoot.
WASHINGTON. Separate briofs
will be filed Monday with the senate
committee on privileges and elections
b? A. S. Worthlngton of this city
and Waldemar Van Uott of Salt
Lake, counsel for Senator Smoot In
(the investigation of protests against
,the latter retaining his seat in the
senate. Mr. Worthlngton deals with
jtho question whether it requires o
two-thirds vote or a majority vote
to vacate Sonator Smoot's seat, ne
.contends on principle and on pre
cedent that when Senator Smoot was
'sworn in the question of his quaJIfl
cation was passed upon once for all,
and that ho can bo removed now only
by a voto of explusion and only on
the ground that since ho was elected
to the senate ho haB commlttid some
criminal offense and that to do tali
will require a two-thirds tote.
.CKOUHLK AT IIUKNOS AYUKS MAY
NOT t,ST LONG.
bECISIVE ACTION IS TAKEN
rKOOl'8 SKNT OCT TO 8UHDUU
nEVOi-VTiONiyrs.
ItronRholrtH Of ilobi-1 1 Il At
tacked At Onoo Andi An Kud
Put To Disorder And
Rioting.
BUENOS AYRES.-Owine to tho
S)artlal interruption of telegraphic,
nd railway service precise inforraa
. .Inn r.nnrnrnlni? Mm tnsurrec.htnnnrv
movement iu tho provinces is unob
tainable, but tho government evi
dently Is In possession of favorable
messages which express confidence
In the prompt suppression of the
outbreak tho movement is now limi
ted to the provinces of Rossario,
Santa Fo Mcndoza, Cordoba and
Southern Buenos Ayrcs and sections
south between tho Plate river and
Bahai Blanca, vvhero It is reported
Colonel Momembello, commanding
tho government forces, has inflicted
a severe defeat on tho rebels.
Piesldont Quintana declares ti j&
be will not interfere botween Che
law and revolutionary prisoners of
whom there aro 300 already in tho
hands of the government.
The capital is entirely tranquil
and conditions aro normal. Protests
against tho movemoilt Is general, and
prices on the stock exchange have
been fully maintained in tho belief
.that the outbreak will be suppressed
within a few days. The revolution
ary leaders, doctors Piro G. Molina,
Uumilo Gietto and nipolito Irioyen
are represented as being men of no
political influence, but they aro
assisted by a portion of the military
forces, which renders tho Insurrec
tion mor" of a munity than a rpvolu
Uou. PARIS. Manuel Qnintaoa, son of
the president of Argentina, has sent
tho following cablegram to the
Figaro:
"BUEITOS A YRFS. Revolt abor
tlvo. Order re-established. Tho
threat of bis Insurrection has
weighed on the country for three
years. The people are now reassured
and unanimously condemn tho at
tempt. Public life is In full activ
ity. Greatest confidence in the
future."
BDENOS aTRES. In attacks
upon tho poUce station Saturday
morning'soveral rioters were killed,
about thirty wore injured and soma
250 arrested. Order has boon com'
pletely restored, and tho city pre
sents a normal aspect.
Ex-President Roca has telegraphed
President Quintana offering his ser
vices In aid of tho restoration ol
order. The province of Santa Fo h
reported tranquil.
With a view to avoiding bloodshed
tho government has soot a sulllciont
largo force to Mendoza and Cordons
to easily over power tho few hundred
of revolutionaries. It Is hoped the
latter will bo forced to surrender
without lighting, there arc 5,000 men
marching on these two towns bj
different routes.
The rovolutior being praotlcallj
crushed, tho government has annul
led the decreo calling out there re
serves. All the newspapers hero strongly
condemn tho revolutionary move
ment. President Quintana was In con
sultation with tho members of th
cabinet regarding the situation. It
was agreed that encrgctlo measures
should bo taken for tbo suppression
of tho revolt.
General Wlnttor at the head of a
largo government force Is within six
hours march of Cordoba, and General
Fotborlnghara, who has an adequate
number of troops Is within about
ten miles of Mendoza.
Tbo government bus received nows
that Major Matosa had a fight at
Vlllamlrla with a band of 200 revolu
tlonists proceeding f'om Cordoba
with the intention of attacking the
arsenal at RloCuarto. Major Matoso
turned back tbo revolutionists and
arrested a number of them, who will
be Be. t to Buenos Ayrea for trial be
foj the clfll 'court.
tTLORIDA .IUDOK OFFKNSK DKBT.NSB
TO TIIK 8ENATIC.
MAKE NO GENERAL DENIAL
ADMITS nOOBK OTI A ICQ US, HOT
JUSTIFIES HI8 ACTS.
Reply To ImpoHchment Reud II7
John M. Thuroton, And A Motion
Adopted To Iiti;ln Trlul
February 10.
WASHINGTON. Through his
:ounsel, Judge Swayno unido formal
rcsponso In tho senate to thu articles
uf Impeachment voted by tho house
of representatives. Tho answor was
a formldablo document in point of
size. Each of thd twelve articles of
Impeachment was answered at length
f n every caso tho fact charged was
admitted, but explained from Judgo
Swnyno's point of vlow, and in ad
dition it was coutended that oven If
tho conditions wero true as charged
they wore not of a character to Justi
fy proceedings for impeachment for
"high crimes and misdemeanors."
The answer ' was read by Former
Senator Thurston, and when he con
cluded tho Bcnato issued an order
requesting the house to fllo its form
al reply by next Monday and direoted
that all pleadings shall bo In by
Fobnu.ry 9, so the trial may proceed
ou February 10. The proceedings
attracted a largo audience to tho gal
leries and most of tho senators were
In their seats. After tho trial was
suspended senator Stone, Berry and
Morgan spoko in opposition to tho
Joint statehood bill In its present
form.
At 12:30 p. m. the senate resolved
Itself into an impeachment court for
the continuation of tho trial of
Judge Uharles Swayne.
Tho order for the day Included
only tho answer of Judgo Swayno to
the accusation of the house, and this
was presented by Former Senators
Higglns and Thurston on behalf of
the respondent, who failed to appear
in person. The galleries wero
crowded.
Mr. Thurston road Judge Swayne's
answer, a typewritten document of
fifty pages. Ho took up tho speci
fications of tho charges in detail,
contendng that they wero not such
as should be taken cognizance of by
tho senate. Taking up tho first
charge of receiving S10 a day for ex
penses wore not so great, ho ad
mitted the receipt of the money as
charged, bat dented that his conduct
in this respect was contrary to law,
as the allowance of $10 a day was In
tended to bo a fixed and definite al
lowance for Judges when holding
court outside their districts. Judgo
Swayne said that other Judges gen
erally havo drawn the full amount of
$10 a day, and that up to the begin
nine of the present proceeding
he had not; received any intimation
from tho auditing otllcers from tho
treasury department or from others
that his course in accepting tho full
amount allowed was contrary either
to law or custom.
The chnrge that in 1893 Judge
Swayno had appropriated to his own
use a railway car of the Jacksonville
Tampa & Key West Railway com
pany was denied. Judge Swayno ad
mitted the use of the car, but said
that It was occupied by himself ana
friends in going from Delaware t(
Florida on the Invitation of tbo re
ceivor of the road.
Xubblun Advance A Failure
GENERAL OKU'S HEADQUAR.
TERS Via Tion Tsln. Tho Rus
sian attempt to turn General Oku'i
left flank has proved a complete fall,
uio. Followine on the failure of th
rocent cavalry raid down tho railway
this, it Is thought by tho Japanese
will probably induce the Russians t
await In tbo futuro the Japanest
attacks. Tho attempts, even wit
the bombardment of other portlonl
of tbo line or a cavalry movement
round the flank, was doomed to rail
are from tho start. Tho Japanest
were at Heikoutal, bnt withdrew lb
small foroe from there and allowed
the Russians to occupy the posltloi
until they could move over enougl
nan to mikn Us reaapture certain,
IDPRRMK COUHT SATS IV KXIoTI
AMOHil l'AUKKUHi
EVIDENCE OF CONSPIRACY
CHICAGO 11 CHICS YIO&ATING Till
ANTI-TItU8T IAW
Refill To Uld Agnltut ISnoh Othet
Aud Iforco I'rloen Up And llown
At Will JiuIko OroHKonp
Alttkea Comment.
WASHINGTON. -Tho supreme
court of tho United States decided
tho case of tho United States versus
Swift & Co., known as tho beef trust
case, charging conspiracy among tho
packers to Jlx prices on fresh meats
etc. Tho opinion was handod down
by Justice Holmes and nfllrmcd tho
decision of thocourt bolow which was
against tho packers.
In his opinion Justice Holmes dis
cussed at length tho various conten
tions cf tho packers, and disposed of
them Individually. Ho admitted
that somo of the charges wero loss
specific than deslrablo, but said tilts
was necessarily true on account of
tho vast oxtcnt of the Hold covered.
Ho added that sutllclont had been
ihown to prove continuous olTcnecs,
and an nffonso of such a naturo as to
justify tho proceeding. Tho opinion
continues the Injunction granted
against tho packers undor tho Sher
an anti-trust law by tho lower
courts. The opinion was concurred
in by all tho mom Dors of tho court.
Summarizing tho bill, Justice
Holmes said:
"It charges a combination of a
doralnaut priportion of the dealers
In fresh meats throughout tho United
States not to bid agalnBt each other
in the live stock markets of the diff
erent states to bid up prices for a
few days In ordor.to induce the cat
tlemen to send tholr stock, to the
stockyards; to fix prices at whloh
they will sell and to that end to re
strict shipmonts of meat when nec
essary; to establish a uniform rule
of credit to dealers and to keep a
blacklist, to make uniform and Im
proper charges for oartage and Anally
to get less than lawful rates from
the railroads to the exclusion of com
petitors." Referring to the allegation of lack
of continuity in tho charges, he said;
"Whatever may bo thought con
cerning tho proper construction of
the statute, u bill in equity Is not to
bo read and construed as un Indict
ment would have been read and con
strued a hundred years ago, but it is
to be taken to mean what it fairly
conveys to a dlspasslonato reader by
a fairly exact uso of English speech.
Thus read this bill seems to us In
tended to allege successive elements
of a single connected schemo." ,
no disposed of tho chargo of "mul
tifariousness" in tho following lan
guage: "This schemo as whole scorns to ua
to be within reach of tho law. The
constituent elements as wo have
Btated them, are enough to glvo to
thorschemo n body and for all that;
we can say to accomplish It. More
over, whatever wo may think of
them separately when wo tako thorn
up ns elements of the schemo. It la
suggested that tho several acti
charged are lawful and that intent
can make no difference. Bub they
nre bound together as the parts of aj
single plan. The plan may maka
the parts unlawful. Intent is alrai st
essential to such a convention and
esentlmlt to such an attempt. Wherq
acts aro not sufficient In themselves
to produce a result which the law
seeks to prevent for lnstanco, tho,
monopoly but require further act!
In addition to the mere forces oj
nature It brings that result to pnss,a
Intent to bring It to pass is necessary
in order to produce a dangerouj
probability that It will happen." i
He also Bald: ;
"The commission alleged embracei
restraint nnd monopoly of trade with
in a single stato although Its effocl
upon commerce among the states l
not accident, secondary, remote oi
aaerelj probable. R
Tho breaking of a Journal unda
IIUIIIU I.UI UU ITCail J.U1I1U UU OUUUUJl
night delayed tho Dead wood passea-"
gor train II vo hours.
Two cases of smallpox havo dcvel-J
oped In tho family of Erin Burke two'
miles north of Stella. Tho family
has been quarantined.
Flvo carloads of oranges aud one!
of apples wore held during tho coks
snap In the shops at Plattsraouth to)
koon thorn from freezing.
Tho Jury in tho Tarponnlug mur
der casu at Fullorton returned a ver
dict acquitting tho accused aftor be
ing out about two hours.
L. F. Corbitt of Ainsworth was
"touched' for his purse, containing,
83f)0, whllo attending Christian
Science scrvico on Sunday evening at.
Lincoln.
Sheep feeders claim that more than
30,000 hoad havo been fattened iu
the vicinity of Humboldt during tboj
past season at an Invariably good!
profit to tho owners. ,
A stock company of ORHl' busi
ness men has purchased the Keith
County Nows and tho Republican
Argus. The two papers wl'l bo con-
slidated noxt week.
rno ivcarnoy narowaro companjn
of Kearney has been Incorporated!
with a capital stock of 820,000. O. H.
Gregg, W. F. Orossley, and O. W.
Shanau aro the Incorporators.
A lodge of tho Fraternal Unlonlo
America has beon instituted a
Humboldt by u drill team of slxtoon
members from Tooumsoh. It starts
with a membership of slxty-ono.
Govornur Mlckoy appointed Mrs.
Anna Munday of Lincoln to bo Maw
ron of tho Homo for the Friendless,
In place of Mrs. William Frulkncr,
whose torm expires on February 15.
J. M. Mahcr, a farmer rosldlns
atiout two miles from Fremont, ha:
received tho bronze modal awardec
him by tho Louisiana Purchaso cx
position for his exhibit of corn.
A promising revival of religion Isf
In progress at tho Methodist Eplsco-
pal church In Loom Is. A. J. CI If -J
ton, the noted conference evangelist!
Is assisting tho Rev. R. H. Chrys
lor.
Directors of tho Beatrice Com
merclal ciub held a meeting recently!
and dlscussod a number of Important!
matters, Arrangements were made
to send three or four delegates to)
Fremont next week to attend tb
i
meeting of commercial clubs of the,
Btuto. It was also dcoldod to call a
meeting of tho olub in tbo near
future for tho purpose of reorgan
ization. I
Charles H. Harris known as Dick,'
a life lnuranco agent was fined 860'
in tho court at Madison for wife
beating, tho coplulnt having been
filed by Harry Burcb. Harris made
10 defense and Immediately paid bla
tine.
Tho ilteonth
tho Burt County
annual session of,
Farmers institute,
opened at Oakland with a largo at
tendance. Various papers of timely
Interest to tho members wore red In
tho evening a smoker was tendered by
tbo business men of tho town. j
Sheriff Shrador of Otoo oounty has
taken George Dow, the seoond mao
tonvicto'l of blowing the bank safe
at Palmra, to tho penitentiary. He
recolvod a sevon yoars' Bontonoo,
while his partner in tho crlmo was
given a five years sentence.
L. J. Dunn of Lincoln has been
appointed receiver for tho Lincoln
Traction company by the district!,
court hero. The receivership grows
out of tho long standing tax oises(
a'glnst tho company. The company
owns all tho street cars in Lincoln.'
If. P. Smith a prominent farmos
of near Gibbon while "cutting out1"
a car of hogs here, fell and'broko bis,
log. Mr. Smith is a large man,
weighing about 275 pounds, and the,
case will bo rather severe with hlm
as tho fracture is rather complicated.
District court Is in session at
Schuyler and the principal case on
the docket Is that of Georgo Wjj
Wertz against John C. Sprcobcr on,
the chargo of criminal libel. Wertl
was a candldato for oQloe last fall
and he says Spochor slandered him
In the Free Lance. j
Charles Dockhorn a fireman on tha,
Union Pacific suffered a painful aci
cldent between Boatrloe and Mar
hattan, Kas., while assisting in loaa
ing a barrel of oil Into a car. The,
brarrel slipped and rolled on his foot
badly cruslng the limb from the toes,
to above the ankle. Dockhorn tiTtl
Jn Beatrloe m J