The Valentine Democrol VALENTINE , XEB. | f. M. RICE , - - . . Publisher HAKGIED IN WEECB .i-fA'E PI2K80XS KILLED XEAI CEDAR PALLS , IA. ! Frain Running at Iijh Speed Jump Track as Engine Strikes a Sivitcli Which is Said to Have Been De fcctivc. At 10:30 o'dioek Friday morninj northbound passenger No. 7 on tin Chicago and Rock Island road was x.'rcckod three miles north of Ccdai ' l > " : iHs , la. Twelve men were instanth .killed and nine were seriously injured several of whom probably will die. At the time of the wreck the trair "was going at the rate of forty-five Tniles an hour. A freight was side tracked on the switch waiting for the .passenger to go by. As the engint struck the switch it jumped the track , telescoping the baggage and smoking cars. cars.List List of the dead : C. B. Cliver , Wa terloo ; John W. Watson , Waterloo ; AVI Hi am Goodwin , Waterloo ; J. D. ILanpher , Shell Rock ; Roy Johnson , THke , la. ; B. M. Christie , Minneapolis ; H. J. Ban-on , Beamer , la. ; Tifoda Xaza , Hammond , Ind. ; J. A. Merrill , Charles City , la. ; two unknown Ital ians ; one' unidentified boy , about 20 years of age , carrying school p'n ' with letters "H. H. S. " and a ticket for Chicago ; believed to be Ernest Love- joy , of Faribault , Minn. Names of the injured : Dr. O. J. % O'Keaf , Marble Rock , la. , neck brok en and internal injuries ; W. H. Mey ers , of Burlington , baggageman ; arm and ribs broken ; condition critical ; J. A. Newell , Finchford , 111. ; Central conductor ; arm cut off , both legs crushed ; may die ; John Show , Waterloo lee , cut on head ; J. H. Douglas , AVa- tcrloo , collar bone and right arm frac tured ; J. L. Mason , Cedar Rapids , en gineer ; head bruised ; L. McMahon , Cedar Rapids , fireman ; A.'L. Welliver , "Cedar Rapids , legs gashed and bruis ed ; B. H. Merdin , West Liberty , postal clerk ; riglit arm torn and lacterated. CASE IS A MYSTERY. Death of Cleveland Banker Puzzles Oflipcrs. The wife of John J. Phillips , the coal operator , banker , broker and -club man , of Cleveland , who was shot and fatally injured In his home , is under guard in her home. The officers who caused her arrest vafter the funeral of her husband regard her as being in too nervous a condition to be taken .from her residence and questioned. Bdfore Phillips died he told the physicians and officers that he had started down stairs to get a bottle of beer and that as he turned on the light a burglar shot him. This story vvas declared by other members of the family to be true. The police , how ever , discredit the explanation. An explanation that is given general cre dence is that Phillips committed sui cide because of business reverses and that the family knows this to be the case. Phillips was shot about 1 o'clock. The police were not called for three hours later. Mrs. Phillips said that the burglar remained in the house for two or three hours after the shooting for plunder. Chief Samberger , of the police department of East Cleveland , the suburb In which is the home of the Phillips family , discredits this story. LOST IX THE FROZEX XORTH. Three of Arctic Expeditions Are Be lieved to Have Perished. News of loss of the schooner Duch ess of Bedford , a ship belonging to the Anglo-American arctic expedition , which hoped to find a. new continent north of the Mackenzie river , was brought to Attabasca , Can. , by Alfred , Harriosn , who has been in the arctic circle two years and came on the steamer Midnight Sun. Harrison said Ernest Stefanson , of I Harvard university , after whom the * expedition had been called , himself k brought the news of the loss of their boat to Herschell island. . He also brought the news of the disappear ance of three of the party and express ed the fear that they met death in the frozen north. The missing men are Capt. Mikkelson , a Dane ; Ernest Lef- 'Sngwell , of Chicago , and J. M. Marks. Harvester Combine Pays Fine. The International Harvester com pany of Wisconsin Thursday pleaded guilty at Austin , Tex. , to a violation of the Texas anti-trust laws , and paid . a fine of $35,000 assessed by the court. rr Sioux City Live Stoclc Market. Friday's quotations on the Sioux City live stock market follow : Top beeves , $6.25. Top hogs , $6.00. Strike Stopped by Court. Dispatches from Wellington , New Zealand , state that the court of ap peals there has declared that the strike of slaughter house men and their sympathizers is illegal. Milk Scarce in Gotham. Milk dealers of New York predict ' -that milk will go to 10 cents a quart Jn that city. They say the daily supply - ' ' ply Is now 8,000 quarts short of re- cnlrpments and daily decreasing. HIXDTJS DRIVEX.OUT. Alob Raids Mill Workers \Vasliing ton Suite. Six badly beaten Hindus are in th hospital at Bellingham , Wash. , 40 | frightened and half naked sikhs arc ii | jail and In the corridors of the bit ; hall , guarded by policemen , and some where between Bellingham and th British Columbia lne | 750 natives o Indja , beaten , hungry and hal& cloth ed , are making their way along th 'Groat ' Northern railroad bound for th Canadian territory and the protectioi of the British flag. The long expected cry , "Drive ou the Hindus , " was heard throughou the city and along the water fron Wednesday night. The police wer helpless. Authority was paralyzed and for five hours a mob of half ; thousand white men raided the mill where the blacks were working , bat tered down the doors of lodging houses , and dragging the invader from their beds , escorted them to thi city limits with orders to keep on go ing. The trouble started at C and Hell : streets , a district with Indian lodginj houses. The houses were cleaned ou and the denizens started on trek fo ; the Canadian line. The mob then swept- down to tin water front , and mill after mill wa : visited , the white employes joining the mob , and every black man wa : hustled outside. Here the police suggested that th < undesirables be taken to jail. Thi : was hailed with delight , and th ( blacks were hustled along. From thi : time on very few were beaten , th ( bloodthirstiness of the mob seeming ly having been satisfied during the at tack on the lodging houses. The mob kept up its work along th { water front until early Thursday morning , when Larson's mill at What- com lake was visited and 100 blacks brought in from there. Four women were found hursdaj ; morning among the crowd In the citj building. ROUGHLY USED BY A CROWD. Artist Earle in Danger of Tar and Feathers. Ferdinand Penney Earle , an artist , who sent his wife to France , her old home , to secure a divorce in order that he might marry another woman , re ceived a sorry welcome when he re turned to his old home at Monroe , N. Y. , Wednesday night , after bidding his wife farewell at the steamer. Earle was met by a crowd of villagers as he stepped from the train , who insulted , then hooted him and finally dragged him from his carriage and into the muddy street of the village. Earle courageously faced his tormentors and exhorted the crowd in a vain attempt to vindicate himself , and then , goaded for an instant by the insults of the people , seized a carriage whip and slashed atthe crowd. A man snatched the whip from the artist's hands and bystanders state he struck him a sting ing blow. Further trouble was pre vented by the arrival of officers -who forced Earle to drive to his home , though he persisted in trying to ex plain his views to the angry crowd. TRY TO DITCH EXPRESS. Wreckers Fail to Throw Fast Xcw York Tram from Track. Train wreckers were at work near Scott Haven and Suterville , thirty miles east of Pittsburg , Pa. , Wednes day night. Spikes were drawn from the rails for the purpose , it is be lieved , of wrecking the New York ex press. The wreckers evidently were deceived by a number of other freight and passenger trains during the even ing and the New York express passed the point before the spikes were with drawn. A fast freight which followed ivas not so fortunate , however , When the engine struck the rails they turned Dver and the engine and twelve cars ivere derailed. The tank of the engine : s in the Youghiogheny river. The ireman and engineer escaped injury oy jumping. Col. Elijah Halford Retires. . Lieut Col. Elijah W. Halford , pay lepartment of the United States army , vas retired Wednesday , having reach- 3d the statutory age of 64 years. Col. * ilalford is attached to headquarters ) f the department of California at San J'rancisco. Will Send More Troops. Paris : Premier Clemenceau an- lounced at a meeting of the French : abinet that the government had de- ermined to send strong forces of cav- ilry , infantry and artillery to Moroc- : o as rapidly as possible , and that itrong measures would be taken to pift lown the revoft in that country. United States Leases Dry Dock. A special dispatch from Shanghai ays that the United States has taken L five years' lease of Norvik bay , south > f Vladivostok , and has also leased or next winter the floating dry dock .t Vladivostok. AVliisky Up 1 Cent a Gallon. Giving as the reason the high price " corn , whisky dealers in Cincinnati .ave advanced the price from $1.32 to 1.32 per gallon. Big Smugglers Caught. W. T. Hardy and Burton Baldwin , ressmakers of New York , who ar- Ived from Europe Wednesday , were rrested for smuggling several thou- and dollars -worth of lace. Roosevelt Appoints Indian Chief. President Roosevelt Thursday ap- olnted Tety Tiger as chief of the five ribes of Creek Indians to succeed ihief Pleasant Porter , who died at luskogee , I. T. NEW LIGHT IX CIIIXA. Empress Dowager Puts Liberals to tin Fore. The dowager empress of China hai appointed Puan Shi Kai to be a mem ber of the board of foreign affairs am a grand councilor of the fourth class In the foreign office he will rank a : third minister. Chang Chi Tung , vice j roy of Shangsha , also has been ap pointed a grand councilor of thi fourth class. Tne viceroy was sum moned to Pekin recently to consul with the dowager empress regarding the alarming growth of anti-Mancht sentiment in China , on which subjec Yuan Shi Kai has been consulting with her majesty. The action of the throne in calling to the capital Chang Chi Tung , whc is China's greatest scholar , and Yuar Shi Kai , the most liberal of the pro gressive Chinese statesmen , has causec an excellent impression. No officia ; change since the passing of Prince Tuan , Yung Lu and Li Hung Chang are comparable in importancewith tlu steps just taken by the dowager em press. It was expected that Tuan Fang will shortly be made viceroy of Chili province , succeeding Yuan Shi Kai , The dowager empress in thus sur rounding herself with the strongest and most eminent men of the empire has surprised even those who were aware of the throne's apprehensions and its determination to fortify the government to the utmost. The board of foreign affairs , with Yuan Shi Kai , Na Tung and Chang Chi Tung among its members , becomes the strongest in the history of China's foreign rela tions and is especially acceptable to Chinese unaggressive friends. It is reported that a place will be provided in the foreign office for Sir Chentung Liang Cheng , former Chinese minister at Washington , following his arrival here. THOUSANDS PAY TRIBUTE. Archbishop Williams Buried in Church He Built. The body of Rev. John Joseph Will iams , archbishop of Boston and dean of the Roman Catholic heirarchy in the United States , was Wednesday placed in a crypt beneath the high al tar of the Cathedral of the Holy Cross , at Boston , which stands as a monument ment to his labors. The occasion was honored by the presence of Cardinal Gibbons , of Baltimore , hosts of priests and other prelates , and hundreds of prominent citizens of Massachusetts. The solemn ceremony of transfer ring the body from the catafalque to its last resting place followed a pontifical mass of requiem. The mass was made , deeply impres sive by a wealth of solemn splendor and elaborate ritual. It was celebrated by Cardinal Gibbons , whose rank was bestowed upon him by Pope Leo XIII. at the request of Archbishop Williams , who had declined the-honor in favor of his closest friend in the heirarchy. Prior to pontifical mass , masses were sung and chanted in all the parish churches of the city. Although admission was by ticket , the immense cathedral was crowded to the doors long before the beginning of the service , and thousands stood in the street. Following the eulogy five ablutions were given by four sen ior bishops of the New England prov ince , and the final was given by Arch bishop O'Connell. AVORK OF "DYNAMITERS. " Chicago Store is Wrecked by the Ex plosion. By the wrecking of the store of Stanley R. Graham , of Chicago , in which an explosion occurred at 3 a'clock Wednesday morning , consider able excitement was caused in the vi cinity for a while. Several persons isleep in the wrecked building were thrown out of their beds , but no one ivas injured. For several blocks iround the explosion awakened every body and caused a small panic in the Virginia hotel , the interior of the , juilding where the explosion occurred , 3eing demolished. The police attrib- 'tp the explosion to "dynamiters" who ire said to be trying to revenge them selves upon the Chicago gamblers. Mr. jraham's connection with the matter , lowever , is unexplained. > ' Strike for Xoonday Beer. Over 175 ironmolders went on strike it Evansville , Ind. , Wednesday be- : ause of an order issued at the five stove .foundries preventing the drink- ng of beer on the premises during the loon hour. Destructive Storm in Georgia. j A heavy wind and rain storm passed > ver Fort Gaines , Ga. , late -Tuesday light. The storm prevailed over a vide territory but no loss of life has > een reported. Great damage is re- ) orted to crops. , Postal Official Ends Life. Frank P. Van Horn , late superin- i endent of carriers in the Jackson , j klich. , postoffice , but who was under > ends for appearance on the charge if stealing mail , committed suicide Vednesday by hanging. Seven Babies on Voyage. Seven babies were born on the Red Itar steamer Kroonland on its voyage rom Antwerp , which ended In New * ork. One child was born every night or a week. Eastern Star Convention. The twelfth triennial convention of tie general grand chapter of the Order f the Eastern Star opened a three ays' meeting in the Masonic temple ' i Milwaukee , Wednesday. Glass is Sent to Prison. Louis Glass , of San Francisco , vice resident of the Pacific States Tele- hone company , convicted of bribery , as Wednesday sentenced to five years' nprisonment. I ' 3 'i ESCAPES FI1O3I OFFICEU. ica , Murderer Xo\v Heportei Surrounded in Com Field. R. AF. Shumway , the alleged slaye of Mrs. Sarah Martin at Tecumsel : after a race across the county in aj j effort to avoid his pursuers , was ar j rested at Seneca , Kan. , just across th line , only to make a dash for libert ; as he was being : taken from a St. Jo seph and Grand Island train * at tha place by the town marshal. Shumway caught the train at sorm 'point south of Beatrice and the con j ductor notified the authorities at Sen | eca. The marshal met the train an < seized Shurmvay and started to tak , < him off the smoking car. Just as tin marshal reached the platform with hi ; j prisoner the latter jerked himself lees < from-the officer and started for th < country. Reports received by telephone 5tat < that Shumway was pursued by officer ; , and citizens and was believed to b < j cornered in a corn field. The pursuing posse feels sure that Shumway will b ( recaptured. During a greater part of the da\ before the news of Shumway's arresi was received a large posse of citizens continued their search from around Tecumseh , but it was immediately abandoned when the authorities learn ed he had appeared at Seneca. Feel ing is running high , and if the man is caught and brought back to Tecumseh summary vengeance is not unlikely to be meted out to him. ROADS ASK FOR MORE TIMS. \ttorneys Want T\vo Months for TTear- inir on Grain Rates. Attorneys for , the Burlington , Union Pacific and Northwestern railroads ap peared before the state railway com mission at Lincoln and demanded two months' time to prepare evidence for the hearing on grain rates where were promulgated by the commission twu weeks ago. These rates cut the for mer schedules about 13 per cent. The attorneys asserted that each road will make an extended snowingat tno hearing , requiring the expenditure of thousands of dollars for experts. The roqds will be revalued , the earnings and expenses will be compiled. Attor ney Edson Rich , of the Union Pacific , estimated that it will take three months for the commission to hear the testimony after it is gathered. As two of the commissioners are at their homes to attend primary election , no action will be taken on the railroad request for several days. TO TEST SUNDAY LAW. Lincoln Baseball Case Likely to Go to Highest Court. Manager Holmes , of the Lincoln baseball club , and' Secretary Hughes , of the Des Moines team , appeared in justice court and secured a continu ance until Sept. 17 of the case against members of the two teams charged with playing ball on Sunday. It is generally agreed that if the ball play ers are convicted the case will be tak en to the supreme court. The "Western league , it is understood , is behind thf 'novement. Girl Thrown from The daughter of Richard Daniels , five milea southeast of Papillion , was badly hurt by being thrown from a buggy. The horse became frightened by meeting a traction engine. Mr * Jonas and Kelly were called and think the child will live , although she is bad- 'y bruised. Stoclc Yards Arc Enjoined. John Frazier secured a temporary injunction against the Union Pacific Railroad company at North Platte , re straining it from constructing or con tinuing to construct the new stock yards which the railroad has been building at the Points , about three miles east. Xo Charge to Visit "Pen. " The state board of public lands and buildings entered an order that "War den Beemer , of the state penitentiary , shall no longer charge a fee of 10 cents for visitors desiring to inspect the institution. The board holds that the public is entitled to inspect its nroperty free of charge. Unidentified man Killed. An unidentified Syrian , , who appar ently was beating his way over the Union Pacific railroad , fell from a freight train at Lexington , going west ibout C o'clock , and had both legs crushed. He was taken charge of by [ Jnion Pacific Surgeon Rosenberg , but 'lied. Oats Yields 30 Bushels. J. L. Smith , of Laurel , declares he las the best yield of oats in that sec- : ion , going better than 30 bushels to : he acre , and of fairly good weight , rhe oats crop is lighter than it has jeen for years. Well Known Farmer Dead. ' Hans Poggeussee , aged 55 , a well mown farmer of Randolph , is dead ifter a long illness. He was born in Elolstein , Germany. Druggist Drops Dead. C. A. Jackson , head of the Jackson Drug company , of Beatrice , dropped lead. He had been in business in Beatrice since 1874 and was 67 years \t \ age. Severe Storm at Beatrice. A severe rain and electrical storm isited Beatrice recently. Lightning ired the wheat stacks on the farm of ! . Pheasant and a man's grain near Sllis , causing a heavy loss. Several iarns were struck and badly damaged. Germans in Big Parade. Nearly 2,000 Germans paraded the treets of Omaha following the Labor ay parade. They are veterans of the Yanco-Prussian and Prusso-Austrian rars , who had gathered In Omaha for grand conclave. HARD LUCK STORY STICKS. Tale of Misfortune Told by Al Ken nedy Wins His Release. "When Al Kennedy , the man wh was accused of stealing a $2,00 Mitchell car from the Berger garag < was brought back to Omaha he to ! a rtory of misfortune and ill starre enterprise that he was released b request of Mr. Berger. Kennedy wa supposed to have taken the car dur ing the night from the locked garag by breaking into the front door or b ; dodging out with it during the even ing when the place was open. N i > ne knew just how he had got awaj He was caught at Logan , la. , and De tective McDonald went for him an < made him djive the machine back. I was trying to make money for you Mr. Berger , " he said. "Two fellow hired me to take them over into low : at $5 an hour going and coming , ant they went until they owed $50. A daybreak- the gasoline gave out , an ( when we stopped at a village the : gave me a bogus check and skipped , haven't seen them since. " His tale wa : considered plasuisble and no actioi was taken. LEAPS FROM HIGH WINDOW. lYunian Hospital Patient Ends Life ii Nurse's Absence. Mrs. Anna Gorman , a patient at St Joseph's hospital , Omaha , committee suicide by jumping from a third-storj window whil.j her nurse was absent ? > Irs.'Gorman had been at the hospita : hree weeks suffering from a nervous disorder , but the nurse had seen nc signs which indicated the womar vhould be closely watched. "When the nurse returned to the woman's room ifter a brief absence she was sur prised to flnt\ the patient missing , Search was begun and the body was found on the ground below. The wom an lived an hour , but did not regain consciousness. CITY OFFICIALS ARRESTED. Fremont Men Accused of Violent At tack on U. P. Employes. City Attorney C. E. Abbott , Chief of Police Peterston and Street Commis- -ioner Fletcher , of Fremont , were ar- "ested upon warrants sworn out by Union Pacific officials for using vio- ence on laborers who were laying track at Union and C streets. While the chief of police kept back the la borers with his revolver the city at torney and street commissioner tore up the track just laid. Abbott is a promi nent attorney and is candidate for the nomination of district judge. The city officials have six special officials guarding - ing the contested streets. SEVEN MILLION INCREASE. Bank Clearings Show Gain in Angus. , Over Same Month of Year Ago. Bank clearings in Omaha for August increased $6,944,632.80 , or more than 17 per cent over August of last year. Clearings for the month this year were 547,054,729.VS. as compared with $40- 11071S6.9S lust year. The last week showed the enormous increase of about 30 per cent over the corresponding period of last year. The weekly clearings were $10,512,889.38 , compared with $8,152,586.55 for the same week last year , an increase of $2,360,302.83. v Railroad Pays High for Ranch. Information has just been received to the effect that James Payne has sold his large ranch about twelve milen sast of North Platte to the Burlington railroad for a consideration of $125- 000. This is taken to mean that tha Burlington will at least establish a town site at this location. Tccumsch Woman Will Contest. Mrs. Eliza H. Lennard , of Tecumseh - seh , gave notice she will contest the ivills of her brothers , Robert and John Pearson , who died within a few weeks : > f each other and left property to their relatives ; but cut her out. She alleges joth were of unsound mind. 3Eanncr of McGirr's Death. Gov. Sheldon has received a letter : rom A. L. Steers , of Chapman , in vhich it is claimed that James L. Mc- 5Irr , a Greek laborer , who was found lead near there July 16 , came to. his md at the hands of a mob who club- him to death. Commercial Club to Take Trip. The Commercial club of Grand Isl- ind has accepted an invitation from he Ord Commercial club and from he authorities of the Loup City faire o attend the fairs in those cities on he 12th and 26th , respectively. City Out of Lighting Business. At a meeting of the city council of 'alls City it was decided to make the ' ollowing change in the electric light ! ystera Oct. 1 : The plant will be turn- j d over to a private individual who I rill run the plant and furnish an all i tight system for $210 per month. Union Pacific Passenger Killed. Philip Ferrant , a passenger on Un- m Pacific train No. 4 , was killed at logers. He alighted from the train : hen it stopped and was crossing the rack when a westbound passenger rain came along and he was run down nd instantly killed. Parents Desert Child. Forsaken by a man arkl woman un- nown to the authorities , a child 3 tenths old was left at the home of Mr. nd Mrs. Barbee , twelve miles west of eatrice. Upon leaving the * Infant , the auple stated they would return , but icy disappeared and have never been ; en since. Rock Springs Coal Gets Boost. Rock Springs coal has been ad- inced at Sidney from $8 to $9 a ton. he local dealer claims it has gone up L a tm at the mines. TWO WOMEN'S DEVOTION ' Caleb- I-'rec-hoia to - - May Vet Jlrlna : Power * of Kentucky- While nothing definite is yet known ? as to the time of Caleb rowers' next trial , recently deferred , on the charge o murdering Gov. William Goebel of Ken tucky , the preparations are being made- ami when the case is again called his de fense will he complete. Incarcerated for- which changed : seven years for a murder the political history of a State , outlawed ; its Governor and wrecked many homes , . Powers , who at the-age of # > years was * Secretary of State for Kentucky , is still * fighting desperately for his life and lib erty. Three times already Caleb Powers * has been condemned for participation ia. the Goehel assassination ; three times he- has 'been granted new trials. To his moth er and his old school teacher he is in debted for at least two of these. ! Almost immediately after the murder * ' Powers was arrested while trying to es cape in disguise. On Aug. 19 following , , a jury pronounced him guilty of coin- /piicity / in the assassination and fixed his- punishment at life imprisonment. He f and his- was a man of some little means political friends , partly consideringhia trial as one arraigning his party before- the world , came to his aid and a new trial * was granted. "It was a coward's shot which slew Goebel , and Caleb is not a coward. " This is what Mrs. Rebecca Powers ; , the mother of the prisoner , said at the firafc trial. This is what she said after' the- appeal was successful , and this is what she made many others believe by consist ant reiteration. "I know Caleb is not a coward , and B' also know he had no connection with thfr- 1 deep damnation of Goebel's taking off. " This was the downright answer to ev ery charge made against the prisoner re turned byMrs. . Lulie Clay Brock , who.- CALEB POWERS. taught the young man when he was a. youngster nuu vno remembered the slight- blue-eyed boy who called her Lis "second , mother. " But the convictions of these woinen- iad no weight with the second jury whieb- passed upon the guilt or innocence of the- man. So on Oct. 28 , 1901 , these twelve men brought in a verdict of guilty , and again was the prisoner sentenced to the- penitentiary for his natural life. In the meantime , however , and before- Gov. Taylor left the State as a fugitive , from justice to prevent arrest and ar raignment for complicity in the same as sassination , the executive granted a par don to the prisoner. The Supreme Court of the State declared this pardon void * . holding that Taylor tad ceased to be Gov ernor at the time it was issued. But the feeble old mother never ceased ? praying for her son's freedom. Nor did she waver in her faith as to his inno cence. She had impoverished herself , , having sold her little farm and moved to the home of a daughter , to aid in raising : finances for the son to continue his buttle- against what seemed to be overpowering : odds. Then came the third trial. She- was living in an humhle cottage in Bar- boursville , and every evening she conicJ. be found standing at the gate , her very soul crying out for a verdict of "inno cent. " Finally the verdict was carried to her , , but it was as far from that expected and hoped for as day is from night. It was- on the evening of Aug. 29 , 1903 , that she learned that a third jury had con demned her boy to death. Holding herself steadily erect , the agecEi woman made but one comment : "My son is innocent , : my soie prayer now is to the God of the fatherless and. the widow that he will o ien the eyes and. soften the hearts of those enemies of" Caleb who seem determined to have his * life. But both he and I will live to prove- to the world that he had no coRacciion- with the ervne. ' ' Prior to this trial Powers had used about all the funds he could secure. X < Jie was pretty well diseourajrod. did a woman come to his rescue. In the- mountain school at Flemln sburg. ; > ieb- Powers had inspired that affection in Mrs.- Brock which was to briasrforth a harvest that made a fourth trial possible. Not withstanding her 54 years she sw ir > alh her time to raising a fund for IV.vi rss" defense. She resigned "from th ? little- school and traveled the lencth ami. t breadth of the State in behalf of her Cor nier pupil. She was particularly - cessful among the women of the"State , - and it was her spirit , which .she im rr/tedt. to others , that made the fourth tyial 2 * . certainty. One of the attendants will be the pris oner's mother. She says she cannot bear- the suspense which was hers while -nv.iit ing the verdict in the third trial , and he- is confident that the prejudices of former- juries will not be a part of th aianpf of the next wliich will try her boy. What ever the outcome of the trial , the p * s oner is bearing up with remarkable forti tude. Prltcliard Sure He IH Ri Ut. United States Circuit Judge Pritehard * . in an opinion recently announced at Ashe rille , N. C. , strongly affirms the jurisdic Li tion of his court in the issuance of the- LiH recent injunctions against official * during : H the railroad rate controversy. lie , ! e- flares that a State Legislature cannot PCU trame an act as to deprive a citizen of a. right vouchsafed him by the federal con stitution or to deprive thtj Federal Court- > f its jurisdictioo