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About The McCook tribune. (McCook, Neb.) 1886-1936 | View Entire Issue (April 21, 1887)
1 - THE TRIBUNE , W. M. Jfc . BB. KIMMEXili , Pubs. * McCOOK , - - - NEB. j D7EB THE STATE. i tjffk stock : bates. Tho enforcement ol the principles of the 'Inter-state commerce law with respect to Tiitea on livestock resulted in a very mixed utate of affairs as regards rates from Ne- braska points to Chicago , and a freight agent in 'Omaha for a Chicago line was culled upon for an explanation of the diffia ctilties.Said he : "The whole thing lays i * with the Union Pacific road. When tho I inter-state commerce law went into effect that company failed to notify their local 1 agents to have all stock billed to Chicago. > By reason of this overnight on the part of j that road , which was tho result of an I HccumUation of work over the prepara- J timi sf tariffs a large amount of stock was < I shipped to South Omaha at Nebraska ' local rut eft , and if shipped on to Chicago would have to be billed at the regular • rates from Omaha to Chicago. For in- stance tho rate to Chicago is § 70 from Omaha. Under the law allowing roads to do a pro rata business , a car of stock can be nhipped from a Nebraska point to Chi- cago for say § 85. Of this the Union Pacific railroad receives 40 per cent , or $34 , and the Iowa road GO per cent , or § 51 , or a saving of § 11) for the shipper by billing the car througn. Shipping local to 'Omaha and then robilling to Chicago would ( make the rate § 103 , $34 being the NeI' braska rate and § 70 the rate from Omaha to Chicago If , when tho stock arrives at , South Omaha , tho shipper wishes to sell , * the Union Pacific will makohis shipping bill J read South Omaha and charge him only j the Nebraska rate. Nebraska shippers must have their stock billed through to Chicago direct if they expect to go on there 3t all or pay the extra § 19 a car when re- shipped from South Omaha. " "Isn't that a little evasion of the law ? " "No , the law permits it and it is necestl fcary for tho existence of Nebraska. While one continuous road may not do so the law permits such discrimination in rateson the part of two companies acting in conti junction. If Nebraska shippers had to pay { the full rate to Chicago over each lino they I could not do business. " Omaha Republi- I can. I T1I.IT APPORTIONMENT BILL. I .Lincoln special to the Omaha Rcpubll- can : It is now definitely known that when I the legislative apportionment bill passed I bothhouses.no provision was made for a S representative from Sarpy county. After the committee of conference of both houses had reported the final amendments to the bill and these amendments had been . printed and the roll had been called in both ; I houses on its final passage , some one , pre- • sumably a member of the conference com- mittee , wrote on a narrow slip of paper and pasted it on the conference committees' re- port'the following : "District No. 9 shall consist of the counni ty of Sarty and be entitled to one Repreol -sentative. " As this amendment has never been printed as the constitution directs , j and was not a part of the bill when it pnssd J both houses , it is the opinion of many lawsi * l .yera that it invalidates the whole bill. f -Without that amendment Sarpy would be j without representation and there would be | but ninety-nine members. It was from a partial knowledge of these facts , together 1 with a realization of the manifest injustice done 'to 'Adams , Saunders. Washington , c j and some other counties that the gover- " i nor was led to withhold his signature from i "the bill , and it was from a feeling that | great injustice would be done to other j parts of the .state if the bill did not become a law that kept him from placing 0 his veto upon it. It was a choice between iiwo evils , and he took what he supposed "to be the least. A certified copy of the bill , .with all the proceedings relative | thereto , has been made and given to Adams-county lawyers , and itis undera' stood that proceedings will be had to test n the legality of the act. It is rumored that n this amendment was attached to the con- [ ference committee's report and enrolled in • the bill after it had been signed by the presiding officers and attested by the secreoi "tary of the senate and chief clerk of the house , but this is only rumor , and nothing certain is Icnown at present regarding it. „ . i jWISCELLANEOUS STATE MATTERS. in A lahce quantity of school land in Box Butte , Chase , Cherry and Dawes counties " is about to be placed in the market by tho " state board of public lands and buildings. Ik the trial of the train wreckers at Ne"c 4 braska City , Bell , one of the accused , c0 ] turned state's evidence and testified that * f Hoffman misplaced the rail for the purpose I of robbery ; that he ( Bell ) was too drfink pi } at the time to take any hand in it. When tli j he had completed his task he remarked : j "There , now ; I'll havevit in a minute , " na j meaning tho booty he was after. Bell said I I he did not realize theenormity of the crime , ini f 8 though he knew all tliat transpired , and re"i i jg membered it distinctly. He told very clearly to | SB and straight how they entered the B. AM.fie J | j tool-house and procured the implements to be ; I misplace the rail. en j " I The B. & M. coal sheds at Hastings * ! i ourned last week , causing a loss of § 1,000. S The prompt work of the fire department 31 I 1 laved several hundred tons of coal on.cars. | | | The Beatrice Ministerial association of a" I J f the Methodist Episcopal church will meet aF jll in Tobias May 23,24 and 25. An interestPr ; " | I ing programme has been arranged. I Jj m c Sixti'iwo bills passed by the legislature as ' m 1 are now in force by reason of the emergency be M S clause , which puts them into effect iinmeD 5 § diately after being signed by the governor , bu B 1 The botanical department of the state B § university has just received 150 specimens . H 1 from Washington. They are quite inter- H C esting , for they come from all over the H J 9 world India , Abyssinia and south Europe en 1 contributing some of the most valuable. B a Neak Ognllala , on the Sth , a fierce bla-ze H was discovered issuing from the rick of B s baled hay belonging to C. D. Ferguson.sfcl B I Later the charred remains of William Sims , ° II a tramp , were found in the burning mass. B 9 Thomas Gainer , another tramp , and part- • a 1 ner of Sims , was badly scorched. He atclc M tempted to escape , but was captured about sti Mm three miles from town. Nearly § 1,000 to I worth of hay was destroyed. James Mcmi 1 Elhany and Mikn Dunihan are missing , and 11 are supposed to be in the burning debris.n" k On the same day tho stable of John .Arm- ' * I strong , living eight miles from Ogallala , was " I burned and two horses and one mule were mji < lost. Another team was also burned.niJ1 I'A cask of death from glanders occurred te | f north of Eudicott lastweek , the victim Jj > ' being a Mr. Clark who took tho disease ° with it and 0. from a favorite horse afflicted * hose bTe he tried lmrd to save. iJKATiucE enters complaint that first- "J1 l\ class shows have of late given the town a of Hbb - . , , > , _ v f Ik the innumerous railroads that are building , Tectimseh expects some of thero to • ctriko that town. Bye & Bkadt , of Gago county , last week purchased 1,000 head of sheep , paying j therefor over § 1,000. The entire lot will bo shipped to Chicago. . The Chicago , Kansas and Nebraska railw way is now running regular trains ia-and : -out of Hebron. Hoffman , tho train wrecker on trial at .Nebraska City , was found guilty , the jury beiiig out but half an hour. Tho judge son- tonced him to bo hanged tho 22d of July. , Mks. Kevs of Sarpy county , frightened by a runaway team , jumped from the -wagon and had her leg broken alaovo tho ankle. The horses wore got under subjec tion soon after she jumped out. Omaha , now ias nine wardtj-under the wow charter. The water works at Hastings will cost about l § 85,000. TnE' Madison cornet band , which took 'the first prizo at the Norfolk reunion last year / , has been reorganized. . . Ghand Island indulges in the hope that the government will come to therescuo and enable it to build the soldiers' home. The sales of stamps , stamped envelopes and wrappers at the Beatrice postoflice for the quarter ending March 31 , 1887 , wore $8,031.88. This is a * gain of 20 per cent. over the corresponding quarter of last year. The recent meeting of the State Teachers' association at Lincoln was a pleusant and profitable ' one. Tho principal topic of dis cussion was manual training schools as the connecting link between tho high school and j the university. The convention will bo held at Fremont next year. Since the burning of tho Pacific hotel , the largest house in Norwalk , various schemes for rebuilding have been canvassed. Be- cently < John Xoenings.tein , proprietor of the ] building destroyed , offered to rebuild if tho citizens would make him a loan of § 10- 000 one year without interest. George Williams went onthestreet with a subscrip tion paper and secured § 10,500 to carry out this plan , and the rebuilding is now assured. The little son of Sheriff Adams of Seward county , met with a severe accident a few days ago. While whittling , his knife slipped and . stuck in his eye , causing the pupil to fall . into the lower part of the eye. Mr. Adams took the little fellow to Lincoln for medical treatment , and it is thought that , . the sight of the eye can be saved. It costs Milford about § 3,000 a year to conduct < its public schools. The school board at Kenesaw has voted to employ a third teacher and to fit up auin other room for the rieiug generation. Thehe is an artesian well on the farm oi Mr. ' Gene Hubbard , near Chambers , saj's * the O'Neill Free Press , that is only fortydi nine feet deep and flows out over the top ol the pipe which is about two feet above the j surface of the ground. Some of the dogs of Indianola have , shown signs of hydrophobia. Faikfield's creamery has commenced " operations. Indications are that it is go- iug to prove a profitable industry. . Rev. Mr. Mahakfic has resigned his charge in Norfolk and will take up his resi- deuce in Kansas. The Hastings Gazette-Journal ventures tho j , prediction that the B. & M. will be at work on a lino northwest from Hastings co before the autumn leaves begin to turn."a TnE late gale in "Nebraska did consideraSh ble damage in and about Grand Islandye In a recent storm at Columbus almost Tl . total . darkness prevailed at 2 o'clock in the of afternoon. Several theories are advanced as to the cause of such a strange pheuome [ non , but it was doubtless a sandstorm from the southeast. tir A prairie fire destroyed 15,000 ash trees a oi the farm of West & Schlotfeldt , Hall th county. Se The Nebraska Association of Horse pil Breeders i will hold its annual trotting meetini ing in Omaha , August 10 and 11 , 1887. gu Rev. J. L. Mills , lately of Colorado , has been called to the Presbyterian church of is Beatrice. ' Hastings is in hopes of getting a big it flouring mill , parties with capital having cei concluded that it is a good place in which ° put money for such an enterprise. ga Hastings lumber dealers have raised the bo price § 2 per thousand , being compelled by lai the increase in the eastern markets. fer The commissioner of lands and buildings ar has set dates for the sale of school lands in the different counties from which appoint inents have been returned. To these sales tho commissioner will go in person , except riv ° Madison county , where the amount to sin sell is so small that his attendance will not tive necessary. The dates fixed in the differme ent counties are as follows : Cherry county , By May ' 17 ; Dawes county , May 24 , Box to Butte ' county. May 26 ; Chase count } ' , May dei ; Madison county , May 24. The Fulton to tract adjoining the town of Nebraska City , he and comprising twenty-two acres , has been P01 col [ appraised at § 200 per acre and tho apt | praisement approved by the board. to The bond of W. W. Abbey , of Falls City , her one of the live stock commission , has him been filed with the secretary of state , with } Dr. V Stephenson and Grau Ensign as sureties. ture A communication lrom Decatur states Mi that an authorized live stock inspectorhae msi headquarters there , and that Decatui the V ivcll wishes to be added to the list of ports ol entry for Iowa cattle. ing The Omaha board of trade will soon hold ' a meetings in their new building. : i { ! Arrangements are being made for a bei state shooting tournament to be held in Omaha , June 7th. The Broken Bow Milling company , with capital stock of § 50,000 , has filed arti- pers of incorporation with tho secretary or . ley state. The purpose of tho corporation is . . construct and operate a roller flouring r ° . . . noi mill. - , 1'lattsmouth's water works includes four ttl miles of mains , with fifty double nozzle r.re boi hydrants. ' ' w brief ] The accomplishment of a change in the wel management of the Omaha postofiico was tient made the occasion of a banquet that was rho tendered at the Millard hotel in that city past the citizens of Omaha to Mr. C. K. . jj. Coutant , the retiring postmaster , and Mr. H. , V. Gallagher , his successor. to A white crane weighing fifteen pounds ivas measuring seven feet from tip to tip bhe wings , was captured by a hunter near Creighton. j bride • TnE sc'aool census , just completed , gives Fremont a population of 7,300. No part of Nobraska will receivo a greater immigration this year , says the Hastings Gazette-Journal , than tho South Platto country. This magnificent portion of ' thettato will in a few years contain a wealth-and population worthy of an em- prre. It is undoubtedly the finest agriculT turat country in tho world. It is being rapidly covered with a net work of rail- -roads and new towns are springing up in every 1 direction. Steele City proposes at an early day to organizo a bocrrd of trade. A meeting has been called at Auburn to organize a ladies' relief corps. The team belonging to John Elsanger.-ot 'Cuming ' county , ran awny with a plow last week. One of the horses had oneof its hind legs bo badly cut that it had to be killed. . The editorof tho Omaha Bee , it is ann nounced will epend a year in Europe. A furious wind and sand storm , the , worst in years , swept Pierce last week. Many fields of lighter soil were so scooped out as to do much damage to lately sown grain and weaker vegetation. • Bell , tho accomplice of Hoffman in wrecking a train on the B. & M. road , plead guilty and was given ten years in the penitentiary. All tho saloons on the former outskirts of Omahasire now within the limits and will have to pay § 1,000 license. Thoy have , been notified to put up or shut up. A Valentine special Bays : Mh.ny sad reports are coming in from all over the country ' of damage by the terrible prairie fire which burned over nearly the entiron county from Friday until Sunday , many people barely escaping with their lives , losing everything thoy possessed , including homes and all kind of stock. E. < S. Bar- rett ( , of Gordon Flats , was but an instance of the many who suffered. His wile and children , by great effort , mnde a narrow cscapo to plowed ground. The house and barn , including five blooded mares , hogs , poultry and other stock , were all destroyed. Many | are utterly homeless and some destio tution must follow. The corner-stone of the new Methodist Episcopal church in WeBt Beatrice has been laid. I The B. & M. has more than doubled ita business in Grand Island the past year. A Lincoln special says : It is a well known fact that several counties of the state were seriously dissatisfied with the legislative apportionment bill passed at the last session of the legislature , among them being Saunders and Adams counties. These ) counties have been looking for a flaw in the bill for the purpose of devising a way tc defeat its operation , and' think thefr have succeeded. In the bill , as enrolled , the ' ' county of Sarpjconstitutes the Ninth district , and is entitled to one representaCl tive. ' It is said that this did not appear in the original bill , and that the record on the bill does not show that such an amendal ment ' was ever made. Thugs , thieves and houssebreakers are becoming so numerous and bold in Omaha that a vigilance committee is about to be organized to rid the city of them. S. ' B. Jones , assistant ticket agent of the Union Pacific , has been offered tho secreT taryship of the inter-state commssion. Last Tuesday afternoon , Bays the Osceola Record , Charley Olmstrad's house was discl covered to be on fire. The mother with a babe not two days old was on the bed. * She siezed tho little one and one a few \ years ; older and fled to thestableforsafety. The house burned to the ground but most the goods were saved. Auburn now has a daily paper , issued from the Post office. } Setii j Kearnes , a convict in the penitcnh" tiary , representing Douglas county , made sly attempt at an escape last week. When j the convicts were counted he was missing. Search was made , and he was found on a pile of boards feigning sleep. Ho evidently D intended making the attempt after the le in guards were relieved from duty. The new Union Pacific bridge at Omaha expected < to be ready for use by June 1.m The ; new mayor and council of Wahoo , is understood , will place the saloon li- tli cense at § 750. th of San Goon Omaha Chinaman , an en- gaged , in the washing busness , who failed ev Bome time ago , is said to have secreted a ar large amount of washing belonging to dif- ferent parties , and that his whereabouts V\ are now unknown. Tl not popular inxn CATHOLICS. Cincinnati dispatch : Dr. McGlynn arta rived this morning. Some of his friends deue sired to introduce him to the representa- a , business men of the chamber of com- , „ merce , and to that end asked Major John of Byrne of the Chesapeake & Ohio railroad , ye make tho introduction. Major Byrne an ileelined , saying that as a Catholic , loyal In the precepts and authority of his church , jjt had no sympathy with Dr. McGIynn's ce position , and that as a good citizen he pi mild not in any sense re-cognize the falso be theories which the doctor was attempting propagate. As a member of the chainin i of commerce , the same views compelled nn to decline. Others who were aphe pruached took the same position , and thus "fi . McGlynn was not a visitor on 'change , ph To-night Dr. McGlynn delivered his lec , "The Cross of a New Crusade , " at Music hall. The lecture was under the management of thellenry George club. On the platform were members of the club as t as prominent members of the labor " party which recently came so near captur- Red . the offices of this city. There were no tu L'atholic clergymen on the staqe and none upparent in the audience. The assembly InS filled nearly half of the large hall and lium- ' , bercd perhaps 2,000. "j" A XRLDE OF A VAT. man Washington special : The morning pasic theheadof " " wa to-day under "Marriages , announced the wedding yesterday of Bord- F. Calhoun to Miss EleanorM. Semiues.y \ Under the head of "Died" appeared the anwei iiouncement of the death of Bordley F. . Calhoun. Mr. Calhoun was the youngest of Rear-Admiral E. R. Calhoun , at whose residence he died yesterday after a I illness. Yesterday morning Dr. Bromspt , the attending physician , told his pa der there was no hope of his recovery , rp dying man sent immediately for his father and told him that for three years SDe he had been engaged to Miss Eleanor war Semmee , the eldest daughter of Mr. Jno. aci SemmeB , and asked his father's consent his an immediate marriuge. Miss Semmes they sent for , and shortly after 1 o'clock in I riiey afternoon Rev. Dr. Berry , of St. An-1 boi brew's church , united the dying man to the I are rroman he loved. In a few short hours the j Tr < became a widow. I a r I 4 CARS SYSTEMATICALLY ROBBED. Conductors and Bralccmen Jalted at PltttJ burff and a Large Amount of Plunder Captured. Pittsburg , dispatch : The officials of the Pan-Handle railroad began this morning to make wholesale arrests of employes of that Tond for being concerned in a g'gantic con spiracy or robbery. Tho officials or the road claim that during the past two years the cars on tho Pittsburg , Cincinnati < k St. Louis road have been systematically robbed of property roughly estimated as being worth half a million dollars. Early this morning 100 policemen and detectives . began a concerted raid upon the boarding houses and homes of the Pan-Handle rail way employes and at 9 o'clock forty-four conductors and brakemen were confined in the county jail , the officers boarded all early incoming trains and arrested such men as were wanted. John II. Hamilton , attorney for the Pennsylvania road , was Been this morning in the office of the detec- , tive agency , sitting among a. heterogeneous collection of plunder. He Baid : "These robberies have lieen carried on systemati- cally for several years. The company has long ' < been aware that there wus a leakage somewhere , and as early as September , 18SG , thev quietly commented investiga tions. Detectives were plnced on the trains where tho goods could be watched and the thieves caught. We had already discovered that the culpritB were employes of I the company. In September there were eighty crows of freight trains on the Panh Handle railroad coming into Pittsburg. Of : these eighty crews no less than seventy- five were .found to be crooked. The'crown consist of conductor , flagman and two brakemen. In some cases all men were in- volved , in others only part. The state8 ment that tho engineers and firemen were mixed up in the robberies is wrong ; not a single one is involved. The goods were ob8i tained by the cracksmen in various ways , In many instances the seals were broken. while in others hatchets were * used to cut holes j in the rear of cars , through which the men crawled and took what they coveted , They then reported the car in bad coudie tion , claiming that the holes had been made by an accident. The operations were all the result of a combination. ArT rangements J ! ! were carefully made and each rascal was assigned to his particular part of the work in much the same way as bank robberies are committed by professional cracksmen. I do not know that members of the combination were oath-bound or anything of the kind , but it is certain that a- thorough understanding existed among them and they acted in concert to cover up each other's mis8r doings. The thing which alarmed us more than ' anything else was that they stole large . . quantities of whisky and drank it in the cabooses. They needed vessels to hold j , liquor , so they stole milk cans and kept it in them , not daring to keep whisky openly in vthc cars. They tore up the floora ing and hid it underneath. The men were continnally { ! reported drunk on duty and the probability of disaster was something frightful to contemplate. All kinds of goods wero stolen , including sewing maco chines , guns , revolvers , cutlery , silverware , i cigars , clothing , liquor , groceries , furniture , and in fact every imaginable article that could be carried on a car were quickly relei moved. The depredations were committed all along the road and the losers reside as far west as Denver. Fences were estabfit lished in this city where the stolen propbe erty was taken and then sold , the money being evenly divided among the crews. " It is now claimed that the amount of property stolen will not amount to § 300. The arrests have created great excitement among the railroad employes of this city. The scenes about the jail doors this mornev ing when relatives of the prisoners wero Sj gathered . to learn the cause of the arrest Bt were of the saddedt description. Wives , children , parents , brothers and sisters with tear-stained faces stood around the ende trances . to the prison eager to hear the latest development ' and pleading with the officers for admission to the jail to see the prisonclt crs. At 11 o'clock ten more arrests were reported. They were captured at the payex car while receiving their wages. This wl makes a total of fifty-six in jail here , and wi jj is supposed as many more have been Ca apprehended at other points along the Jjij line. Consternation prevails among the do proprietors of the "fences" and dens where lie the ; goods were secreted and sold. In one sa instance the proprietor of a notorious den j . pH was detected in the act of burning stolen i th property. ' A telegram was received from th Dennison ; , 0. , stating that J. R. Dunlap. a leader ; of the gang , was arrested there this sw morning. uf One Bushby , the worst man in the gang , ni slipped his handcuffs and recklessly threw pa himself from the train , while it was going do and escaped. ail Spec al Agent Rue stated to-night that fin the total arrests number sixty , of whom ilC there are fifty-six in the Pittsburg jail. One rer the men. named Black , was released on mt bail. J. T. Gibbs was also released this is evening. Hois an officer of the company ag and his arrest was a mistake. Deputy bu Mayor Griup , before whom the warall rants were sworn out , has fixed the Th healings for next Monday at 10 a. m. do The office of Detective Kilkson is crowded for with { many trunks and stolen goods , all of Th which have been labeled as from whom Lc taken , the date and conditions. They vU j.pj carefully guarded to be used as eviJcuce cla against the men. The goods there are the valued at several thousand dollars , which cai may be greatly increased by the contents is a dozen or more trunks which have not the yet been opened. At the jail all was quiet jt and no more prisoners were expected tono night. It is understood that no mora sbi arrests ; will be made here. In TactDetectivo Rue said they had all the men wanted exopi cept ] a few no longer connected with the jou Pan-handle ; road , who are located , and will en e arrested within the next few dtiya. 12i At a late hour to-night J. R. Dunlop , who nes [ regarded ; as the ringleader of the gang , sor made a confession to the dectives , in which implicated several outsiders and located "fences" at Dennison , 0. , New Philadel- phia and other places. del iA" ACTOR SHOT. a Boston , Mass. , April 1L James M. Ward , po Irish comedian who began an engagement ur to-night at the Bijou theater in his plaj"The ari ' Fox , " was painfully wounded during the wit third act by a supernumerary named Cohce. j j > r In this act Ward Body , the hero , in attemptj j to escape from prison is shot. Cohee , in and discharging the gun , aimed too low , and the He charge of wadding penetrated Ward's breast , | t mv striking and bending the breast bone. j pec [ The | curtafn was lowered and the injured the removed behind the scenes , where phy pa ] sfcians were summoned , while the audience ing apprised of the accident and dismissed. „ } The J physicians succeeded in removing the f „ paper wadding from the wound , but say that . both Ward can not return to the stage for several ? , weeks. the she bui HOSTILE REDS. j Helena ( M. T. ) special. A Ft. fhaw tra special to the Independent says that ihe the ; lergeaut in charge of the Ft. Asainaboine ; The : " ihey Transportation company is here on a * nd special mission. He says he aaw a large < jj party believed to be bloods from soon icross therBritisu line. They started for Chi team but drew off at Spokane when wit saw the escort of soldiers in charge , oul were at Big Lake , 38 miles from here , nat bouna south. Reports are that the bloods the : still crossing tho line to this side , wh rrouble is feared , as they are evidently on shed raid. con : 15 v PLEADIXQ FOR ARESSDORF. Judge Weaver Addresses the Jiiry tn the Had1 dock Murder Case. Sioux City Bpecial : Tho arguments in the Haddock murder caso seem to attract as much attention and draw as largo crowds as the examinination of witnesses , Attorneys Weaver and Lynn , of tho defi Tense , , have occupied the entire day. Judgo Weaver began his argument immediately after the opening of tho court this morning. Ho contended first that tho defendant was innocent before the law until found guilty , and tho proof must have no reasonable doubt. Leavitt's and Bismarck's testin mony was next examined. Tho former's confession being published generally over tho country Oct. 8. Bismarck's arrest ocg curring in San Francisco the 10th , making it not impossible for them to have cons nived to make their stories agree. lucidd ents wero referred to to show that thoro was such an understanding between them. Tho preponderance of the testimony is that Leavitt and not Arensdorf fired the shot. The state must show outside of tho eviP deuce of Bismarck and Leavitt that Arens- dorf i fired tho shot. Tho state muBt show this to be entitled to n verdict. The evening or the murder Leavitt and Bismarck wero gathering a crowd to assault tho preacher. That evening , even within a few minutes of the shooting , evidence shows Arensdorf to be attending to his business , making collec- tions , talking with his friends at the Shep- he-J. Up to the time of the meeting at Junk's the evidence shows that Arensdorf knew ] nothing about the plans or tho others andJie is at Junk's wheusomeono comes to announce "the buggy has comeback. " The state's theory is that at and from that in stant Arensdorf is tho head and front of a conspiracy about whish , up to that in- stant | , ho know nothingAand the state , out- side of Leavitt's evidence , has failed to show that Aivnsdorr . knew of any conspira- cy. If the state has failed to show that Arensdorf \ fired the fatal shot , then the state | has failed to connect Arensdorf with the killing , except by the uncorroborated evidence of Leavitt and Bismarck. If tho state | does not prove that Aiensdorf fired tho shot , then tho state proves nothing. The only corroboration of tho accomplices j8 Mrs. Leavitt. Then tho character of Mrs. Leavitt was reviewed and the impro- liability of her evidence was considered. The speaker then proceeded to sift the evi- dence , of the state and call in question the veracity of some or i'a witnesses , at the same time explaining shortcomings and , apparent inconsistencies on the part ol those called for the defense. Ho further said that all who did not support the the- ory of the stale that Arensdorr did the killing wero intentionally kept away from the grand jury. Circumstantial evidence tc be sufficient must be complete and must be true. Tho state has shown no such chain : of evidence as fastens the guilt on the accused. Aside from tho evidence of Leavw itt and Bismarck , whose evidence cannot be taken unless corroborated , the state has brought no true witnesses whoso evidence might not be admitted by the defense. Tho contradictions between tho evidence given by ] Leavitt were reviewed and the alleged contradictious weropointed out. The color of Leavitt's pants was dwelt upon at n length ; the contradicting evidence about the color by Leavitt and others. The * seven witnesses swear that the man who " fired the shot had on light pants and a rubln ber coat , the same clothing that Leavitt that evening wore. The course of Leavitt during the day was traced ; the trip to ( Greenville ; the meeting at Junk's ; themes- senger with the word that "the buggy had come. " The crowd goes to the corner. In al this Mr. Weaver coincided with the state , , even though calling the assemblage a con"c spiracy. 'J he important expedition , an stated ; , plainly proving that Arensdorf did not go with tho others to the corner [ , where Haddock was killed. Leavitt's evi- * dence concerning the formation of tho con- " spiracy is not supported and is impeached. J" Bismarck undoubtedly expects executive ' , clemency , his statement to the contrary , , notwithstanding. The prostitution of the ev executive officer was monstrous. Leavitt , * who by the verdict of the coroner's jury a was found to be the guilty man , finding es3'e cape and detection impossible , surrendered . himself , and charges the crime on Arensnf dorf. Bismarck had told Louie Agnes that charged the murder on Arensdorf to w save his own nock. As to the color of the D. pants worn by Leavitt on that evening there was the evidence of seven witnesses that the pants were light and that he wore rubber coat ; as many witnesses as that 'at swear that the man who fired the shot Gr "ore a rubber coat and light pants ; as mt many : swear that Arensdorf wore dark mj pants and no rubber coat , and that Arens- . dorf was not the man who fired the shot. and so of the evidence , that the man who ? fired the shot ran up Water street and not across ! the Fourth street bridge. Some difa . Terence is to be expected in the testi- the inony of honest eye witnesses ; all that w" to be expected is that they materially we agree ) , and as to fact. That not Arensdorf , on but a man dre-sed as Leavitt was drebsed . agree excepting Leavitt and Bismarck.a The state claims that even if John Arens- ijH dorf did not fire the shot yet must he be , round guilty because he was a conspirator. ? , There is not a word of evidence outside of Leavitt's , that Arensdorf knew of any conrea spiracy. Even Leavitt does not at first aa' claim that John Arensdorf was present at meeting at Iloldenreid's hall. Signifi cantly at this point counsel said : "There too 1 much in this case to allowittohang ; there is too much expense connected with Wl- to 1 allow it to drag ; it must be finished Ba now even if the feeblu hope on which the iIye state hangs is disappointed. " Coi Mr. S. F. Linn followed but had only Oa- npened his argument when the hour for adBu [ journment had arrived. As a matter of Bu- jeneral interest it can be htated that over Egi witnesses have been examined , the witt'm less fees alone in the case amounting to Le : something over § 3.000. Ok. Ap ITEW WITNESSES TURN UP. Be. ! Morris (111. ( ) special : The lawyers for the ) p defense in the Nicholls murder case received yrc telegram yesterday from a man in FreeSej port : , offering to give valuableevidence , and Se urging { that the defense be "held at all hnzHo ards. " At 7 o'clock to-night the voluntary SlJ witness , Daniel Drinkworth. a resident of Freeport ( , made Iiis appearance in court ( was called to the stand by the defense. - , . - ' said he was in Joiiet the night of the qq1 murder , waiting for his wife , whom he exQa jected on the train. While walking toward pQ tank at the western end of the depot lai platform , he saw two rough look characters , who , upon eyeing the witness ] , attempted to hide behind the Wh tank. He went up closer to them and saw Coi : i distinctly. One was much taller than Oat ) other and wore a slouch hat. The Poi shorter man wore a stiff hat and had a Lai bundle in his hands. When the train Ho started out one of the men jumped on the Cat ! baggage car , and the other crossed the She track ahead of the engine. He thought hoy were tramps trying to steal a ride. . . . witness watched thum closely , because if were suspicious-looking characters , tonx q he feared they were going to try to Iocs ats 'hold him up. " The following morning , as q as he heard of the murder , he notified Jr , * hief of Police Murray and others. The auL witness maintained his position through- a protracted and severe crossexamiWn lation , though he said the men boarded Con first train , which was not the one on Oat • nrhich : Nicholls was killed. The witness finCat his testimony at 8:30 p. in. , and the Iocs ourt adjourned until to-morrow. Sue - . DRAWING TO JCLOSE. | Ready to Of < * I The Case of Arensdorf Nearly ; to the Jury. wj Sioux City special : Tho forenoon wa * EK occupedby S. F. Lynn in addressing the- M | Haddock jury on behalf of the defense , and IS , the afternoon by County Attorney .Marafc m for tho state. v , a Mr. Lynn followed in tho lino ofJudg * | | Weaver so Tar as the position of thode- Iff . Ho took particular m fenso < is concerned. pains to cauterize tho press , however , for | j helpihg tho state , claiming it was thirsty and crying for the blood of Arensdorf , ant * t not for justice. He laid great stress on th * 4 , character of the state's witnosses , pleading m that no man who had previously borne a l good a reputation nB Arensdorf should be- % ; | . If a con- dragged down by such witnesses. spiracy has been shown there is no eyi- - U denco that Arensdorf had any part in lb. The interest tho state executive has taken. in tho matter , and promise ol executivo- , of anomaly. , m clemency , are somewhat an { Tho j governor hns loaned his high oilico to \ > m perjurors that they might work the ruin or j an innocent man. Or tho eye-witnesses i M who . have testified to being present at J m the killing , seven point to Leavitt and two m point l to Arensdorr ; these two , Leavittand ( Bismarck . , , have every incentive for testify- m ing aa they do. Bismarck is promised par- fM don if he will testify so-and-so. Leavitt ia , H also promised pardon. Attention was also called to tho fact that Leavitt fled , while H \ Arensdorf remained calmly looking after r H his every day business. Tito defenseha& H advised silence on tho part of its witnesses , . ( JM and with reason , for did not 'the eyo wit- i H ness . Burton testify that tho state had- * M tried for a whole month to get him to tes- j H , tifv : to other than the facts. , ] H When Attorney Marsh took the floor I M . this ' afternoon thecourtliousewuscrowdedH | as scarcely before since the arguments com- * ' | menced. a large number of ladies being in * tH attendance. Opening with a brief view o ? i jM the . , condition or the city and the comrnun- H ity at tho time or tho murder , thegood rep- M utation of John Arensdorf was mentioned , M his life , his long following of the business ot M a brewer , his having his all in the business , M knowing no other business , having no other j H property than that which was engaged in H the ' business. Plainly no onehad the motive | B to wish George Haddock dead excepting the- > H saloon element , and of this clemtnt none- j M J" great a reason as John Arensdorf , tha- j H brewer. . 1 Good character is not a defense. ! H It is proper evidence in defense , but it does- l , H not prove the accused guiltless. It is not f'j ' H to . . be taken as higher evidence than tho ev- ii H idencc of one who saw and heard. Counsel ' M denounced the spirit which had misled and. - ( H misinformed ! those who were telling the- M truth as to the facts of the killing. The- ! H spirit ( which had hampered the prosecution. ' M from the hour of the murder was done ; tha- j | spirit \ of indifference that had left the pros- ' * B ecution : almost without funds to prosecute- ' Hi the case. Counsel for the defensehad * f H warned : the jury against the misrepresent- 1 ations ' of the newspapers. Was it to be- . l .j supposed that the newspapers would stand H idly by and raise no voice against such a , l crime ? It was not correct , as stated by- il H the defense , that the state had the ad van- H tage , that the machinery was in the hands- J t H of the state in calling witnes e * without ] H notice. In the matter of challenges on ( , 1 various . points the defense and not j H tho ! statu had the advantage. Turning j H from ' the answer to the a ' rgu- H ment of the defense Mr. Marsh reviewed m ' 1 the law relating to murder and then went / l OI to show the difference between the evi- J H dence ' given before the coroner's jury by H Arensdorf . and others , and the evidence j H given by the same man on this trial. A ' H strange condition of society prevailed , H when , until the trial alleged , eye-witnesses ' H hold their peace , telling ueithe'r the officers 'j ' H nor anyone else. Taking up tli" circum- ll H stances of the shooting , the county attor- i H ney said that it must be generally admitted . . | that ' . the man who fired the shot passed < ' l Haddock ! , turned and fired. The evidence . a H " eye-witnesses seeming to differ may be < | honest , may be in a way correct. Follow- i l ing ! this Mr. Marsh proceeded to review the | evidence of the various eye-witnesses to | the murder , and when the evening hour for ! H adjournment ' had been reached he had not " - , H yet finished. H Judge Lewis is busily engaged in prepar- j H ing his charge to Wie jury. | } Following Mr. Marsh Judge Pendleton , | will : close for the defense and the Hon. M. l . O'Connell for the state. i ij fl H S WEPT BY FLAMES. ' . H Huron ( Dak. ) dispatch : The prairie fire i H last night swept over a great portion of I j H Grant township , in this county , doing im- • j H mense damage. Fred Town's house , seven E miles south , his barn and other buildings. H together with furniture , machinery and j H several head of stock were destroyed. The j H house was occupied by Edward Maloney H and his sister Kato and with them when I oHK . fire occurred was Annie Marine. The i M wind was blowing a gale , and before they H were aware of their danger the fire was up- H n , them. In attempting to reach a plowed | field all were overtaken by the Ore. Ed- J H ward Maloney and Annie Marino were l l burned to death , and Kato was so badly j H burned that her recovery is doubtml. Ed- - 1 1 ' ward's remains were taken to Preston , J l Minn. , this afternoon , where his parents ( i H reside. Other losses are reported in the | same ' locality. J M THE MARKETS. M EVheat No. 2 5S @ 5SJ H fUiiLEY : No. 2 4-t @ 43 ' j H : No. 2 44 @ 45 HH oitx No. 2 mixed 23 ( gi 24 H 3ats No. 2 22tfs ( ) 23 | iUTTEK Creamery 25 M 27 H Suttek Choice country. . . . IS © 20 | | ggs Fresh 9 @ 10 f l 'iiickexs Live perdoz : i 00 @ 3 HO l l .emoxs : Choice , pei-box. . . 5 00 @ fi 50 l l Jka.vces Per box 4 00 @ 4 50 ( 1 Vpit.es Choiceperbbl 4 30 @ G 00 4 M 5EArs Navys , per bu 1 30 @ 1 CO | xio.\\s ' Per barrel 4 00 % 4 50 H Potatoes Per bushel 40 @ 50 BH 1V001. Fine , per lb IC @ 18 ' BH seeds Timothy 2 20 ( a ) 2 50 fl beds Blue Grass 1 30 @ 1 40 H ilocs Mixed packing 5 20 ( a ) 5 35 H Uekves Choice steers 4 13 ( jj ) 4 33 V l hiEEP Fair to choice 3 50 < tf ) 4 00 i l NEW YORK. fl l 1 Viieat ' No. 2 red 91 ? , ' @ 92 l l iViieat Ungraded red 81 @ 93V J l okn No. 2 • 40K@ 50 i H - ats Mixed western 33 ( a ) : ; t ' H aiK , 1G30 @ 1G75 I H -AKD 7 50 ( aj 7 Go f H CHICAGO. l Vheat Per bushel 77 ( % 77 l H oix Perbushel 34&uJ 35 " l l ats Per bushel 25 @ " 31' 1' H * "K 21 00 H ( h)2L 50 l -A"0 • 7 50 @ 7 Go / H loos Packing ttshipjiing. 5 Gt ) % 5 85 ' - ffL H ff attle Stockers 2 GO % 413 f l Iiieep Natives „ 3 00 @ 5 25 l l ST. LOUIS. H # Vheat No. 2 red cash 79Kfrtj 80 i' i ' H ' Perbushel 35K@ W H - Per bushel 27 © Vv " I H * Mixed packing 5 40 S 5 55 jj l LvrrLE Stockers ' 2 40 to 315 H Iiieep Common to choice 3 73 ( $ 4 00 ij l KANSAS CITY. . H Vheat Perbushel G9'/ © 69V Jj l . Per bushel ' " Hl'/M 32 C H Per bushel 27 Q * 0714 j H Uttle Feeders zo @ 4 00 l l Good to choice. 4 90 to U 70 V * l l ueep Common to good. . ' 2 75 Q 3 00 i' ' H - T „ 72. " T m - M