THE NORFOLK WEEKLY NEW&JOURNAL , , , , , . NOHKOIjK NRIMASKA KRIDAY AIMMI I'J 11)07. ) SIMPLE ASSAULT , WITHOUT IN- TENT TO DO HARM. APPEAL CASE TO HIGHER COURT Claiming That Grand Jury Was Ille gally Impanelled , Defense Carries Case Up Other Three Cases Will Await Supreme Court Decision. Madison , Neb. , April 11. Special to The News : Forrest Ellis has been found guilty of simple assault , with out Intent to do bodily harm. The jury nrrlved at a vcullct at 1 o'clock this morning , after prolonged discus sion. The defense made a motion for now trial , which was overruled by Judge Welch. A motion was then made that sentence bo suspended pending appeal to the supreme court. This motion was granted and the ap peal bond ilxed at flOO , which was furnished. The cases against three other former attendants Wiles , Mln- nicks and Byerly will bo continued until after the supreme court decision is rendered. The defense asked for an , appeal on the ground lhat tlio Indict ment against Ellis wns null and void and the legality of the indictment is the point to bo determined by the su preme court. Claim Grand Jury Was Illega' On the ground that the grand jt < which Indicted Ellis , and the throv other attendants , was Illegal , the de fense will fight the verdict rendered by the jury today. The defense claims that the grand Jury was il legally impanelled. It Is claimed that the sheriff selected grand Jurymen promiscuously and of his own choice and that the only legal grand jury would bo one which hail been drawn in the same method as a regular jury. Eleven For Conviction at First. The verdict was delivered to the court at about 8 o'clock this morning. It became known later that on tlio first ballot last night there were elev en for conviction on tlte indictment , charging assault with intent lo do great bodily harm , and one for ac quittal. After much debate the ver dict was compromised and at 1 o'clock the twelve men voted for conviction of simple assault. An hour was given to each side for argument. County Attorney Koenig- steln in half hour's speech opened the prosecution's argument. He made a strong , sharp speech In which he'de clared the charge had been proven that Patient Prosser's death was has- temed by kicks from Forrest Ellis. Allen's Plea For Defense. The entire hour for the defense was given to Senator Allen , who made an eloquent pela in defense of Ellis. He declared that Julius Altschuler's testi mony was given more in a spirit of reyenge than of justice. He handled the testimony of Biggs in a lighter vein , bringing smiles to the jurors' lips , declaring that Biggs was reaching a point in years when his memory was not so good as once It was and appeal- 'ing to the Jurors to treat his testimony lightly. He said that the trial of Ellis was more the result of a general de mand that somebody ought to suffer for charges that had been made , than for any definite reason , and that the demand for punishment seemed to have centered upon Ellis. He declared that it would be wholly unfair to con vict a man on .general principles-and said that there' had been no evidence introduced to show any crime or any intent at wrongdoing. He said that the prosecution's testimony had boon trivial and anything but enough upon which to send a man to prison. He spoke of the necessity of using certain restraint upon the hundreds of Insane patients in a hospital , for the sake of good order , and said that it was an easy matter for a revengeful person to convert normal restraint Into so- called "assault. " H. F. Barnlmrt closed the argument for the prosecution , declaring that bru tality and cruelty had been practiced upon an Innocent patient , whose death was hastened by the kicks of Ellis. Ho appealed to the jurors to properly punish a brute who would kick a prostralo patient and bring bruises all over his body. Verdict Expected. People in the courtroom rather ox peeled ( hat a verdict would lie either for acquittal or for simple assault , dropping the "Intent to do great bodily ily harm. " It was rather expected that , if this . ) case resulted in acquittal , an effort would be made to dismiss the other three similar cases. Sheriff Burns , who was expected to go on the stand , was not used in the rebuttal. TILDEN BOY PLEADS GUILTY. For Forging Checks , Earl Olln Will Go to Reform School. Madison , Nob. . April 11. Special to The News : Earl Olln of Tllden plead ed guilty to the charge of forging cream checks and will today bo sentenced tenced to the reform school. TO OPEN HALL. Beautiful Catholic School Building at , Humphrey Is Finished. Humphrey , Nob. , April 11. Special ko The News : The St. Francis school j fcn.ll is to bo opened Friday evening with n homo talent play entitled , "Tony , Iho Convict. " Tlio hull Is llio largest In town , having a Beating ca pacity of 700. The proceeds of this entertainment will bo donated to Iho school , This building wa recently erected at a cost of $35,000. DUTRU WINS HIS CASE. Court Instructs Jury to Find for Do- fendant. Madison , Neb. , April 11. Special to The News : In the case of Charles 13. ( ilbson of Boston against Luvl Dntru of Newman Grove , Involving a land deal , Judge Welch Instructed the Jury to llnil a verdict for the dofondant. Livery Stable Sold. Humphrey , Neb. , April 11. Special to The News : The Fangmann livery business has passed Into the posses sion of P. 10. McKIHIp In exchange for South Dakota land , Mr. Fangmann will continue to manage the barn un til such lime ns Mr. McKilllp can dis pose of it. Masonic School at Butte. Hutlc. , Neb. , April 11. Spoclal to The News : Robert 10. French , grand custodian of the Masonic order for the state of Nebraska , has been In IJutlo from Kearney for the past two days holding n school of instruction for tlio members of that order. Some twenty have been In attendance. Those who were hero from other towns are : Charles Brown of Fairfax , S. D. ; C. II. Ware , Will Woods and Rev. Mr. Is- ac of Spencer ; Mr. Henderson of Os- ' -Ma ; J. B. Bailey and G. E. Van of Naper. Mr. French Is with- u < : , ubt one of the best posted Ma son , 'ng and his work has greatly ' ' " 'ho order. G\ \ ' , > 15 TO LIBRARY. Economic Department of Woman's Club Elects Officers. At the annual meeting of tlio eco- I lomic department of the Woman's club hold In the home of Mrs. Gillette , .ho following ollicors were elected for .lie ensuing year : Mrs. II. T. Holden , eader ; Mrs. J. Damn , assistant ; Miss Minnie Verges , secretary. Fifteen dol- urs of tlio funds of this department were voted to be given to the public ibrary. HIGH SCHOOL WALLS FALLING. Tower and Chimney Soon to Follow. Foundation Not Considered Safe. The entire north portfon of the old ilgh school building had been leveled to tlio foundation by Wednesday after- noon. Section by section the old walls are being pulled over by the workmen under the direction of Con- .ractor A. Morrison. A windlass ar rangement Is being used In pulling over the weakened walls. By Thurs- : lay evening the remaining walls and possibly the tower will be down. Mr. Morrison expects to have the one re maining chimney toppled over some time Friday. As the workmen are 'aklng ' the standing walls down some question as to the condition of the old foundation has been raised. Men working on the building do not con sider the foundation very secure. FORAKER TO FIRE FIRST GUN. Ohio Battle Will Begin In Speech Which 'Foraker Gives. Columbus , Ohio , April 10. Senator Forakor Is expected tonight at the an nual Canton Board of Vrado banquet : o fire his first campaign gun against Taft In the battle for republican su premacy In Ohio. The largest hall In Canton has been hired , and It Is be lieved It will not bo largo enough to hold the throng. OVER NORTHWEST PRAIRIES. Little Items , Here and There , of In terest to New Northwest. The Wlloy hot.el , moved overland from old Dallas to Gregory , opened Its doors to the public last week. Rural route No. 1 with H. S. Schm- mer as carrier will bo starled from the Bonesteel postolllce on Tuesday morn ing , April 1C. Fairfax gains a new route at the same date. Governor Crawford of South Dakota has designated Friday , April 20 , as Arbor day In the stale. Rev. Ci S. Hughes , who has been editing the Thurstbn Gazelle , has purchased the Ponder Republic and will conduct the latter paper In ad' dltlon to performing duties as pastor of the Methodist church at Thurston. VOTE TO OUST IOWA PASTOR. Dr. Henry Luz of St. John's Lutheran Church of Dubuque Must Resign. Dubuque , la. . April 11. At tire rug ular quarierly meeting of SI. John's Lulheran church , held after a slormy session , It was voted by a narrow ma jority to accept the report of the com- mltteo from the synod that recom mended the ousting of the Rev. Henry Luz , tlio pastor , unless he resigns within a monlh. Lnz had hoped lo musler a three-fourths vote , which would have entitled the church to withdraw from the synod and rqtaln Us valuable property. American Soldier Killed. Mobile. Ala. . April 11. The i collector - . lector of the port of Trnjlllo , Hon _ dtiras , who has arrived hero , says that General Lee Christmas of Memphis , Tenn. , nn officer In Iho Honduran army , was cut to pieces by Nlcaraguan ! soldiers , AGREEMENT IN FAMOUS CASE THOUGHT IMPROBABLE. , SAID / TO BE HOPELESSLY DIVIDED District Attorney Jerome Makes Prca for Conviction of Prisoner Ji ry Hu.iro Merciless Castlrjntlon of ' - ' - lyn Thaw. Now York , April 11. Charged w tl , the responsibility of deciding tlio It te 01 Hair > ueiutal Tnaw. inojui ) win , ) uauari ' ; i has been bitting Judgnunl on the joung slayer Stanford White , spent the night in tin Jmy room ol the criminal courts building. Jimtlco l < ltzuerald had gotie to Ills club uptown and had nn automobile - mobile in leadlnebs to make a quick trip to Hie court house should he VUL' needed. His Instructions regarding looking up tlio Jury were telephoned. It was saiil that when Justice Fi , z- gerald's message was received at t , 10 court house the olllcers on duly thqro put the matter up to the jurors the uolves , asking if there was any pi a- elblllty of a verdict within the nojxt few hours. The reply was strongly negative. The jury was said to bo Al most hopelessly divided and nobody connected with the case would vim- lure Iho hope of anything better than a disagreement as the climax of the long-drawn-out trial. Thaw , who was much depressed at the close o1' Jeromo's attack on him as "a cowardly , brulal murderer a ricli llllleralo who always had hud his own way until he fell Into the clinches of Iho law , ' revived In aplrlls as the time wore on and the chances of an unfavorable verdict seemed to him to become more and more remote. The disagreement of the jury Is the most unfavorable outcome thai Tlinw had at any time anticipated during Iho progress of Iho trial. His family and counsel were much alarmed lost the | ury , under Justice Fitzgerald's charge , might find u verdict of some loss crime than murder in the first degree. The prisoner did not share this gloomy oullook and laughed and Joked lo dispel the serious looks on Lhe faces of his mother and wife. From the opening of court until the jury retired the fates dealt unmerci fully with Thaw. Beginning with District Attoiney Jerome's final argu ment and thioughout the Judge's charge , Thaw had to listen to a scathing attack upon his character and to a narrative drawn from the evidence , which wae meant to strip his deeds of tl'ie Iinlo of chlvalric glory which his own allorneys had thrown nboutthem. . Judge's Charge to Jury. The judge's charge was a concise outline of the law and gave to the Jury the aitenmlive of rendering any one of the following four verdicts murder In the first degree , murder in the second degree , manslaughter in the first degree or > iot guilty on the ground of Insanity. The slalule gov erning the plea of Insanity was de fined clearly , much stiese being laid on the fad lhat an Irresistible 1m pulse lo kill had no place in Ihe law. Allogelher Ihe charge , while consistIng - Ing principally of a complelo ex- planallon of Iho law , was considered by Ihose who have followed Ihe Irial as adverse to Ihe defendant The attorneys - torneys for the defendant took excep tions because the Judge had failed to include any of their requesls. Thaw was much depressed by the judge's words and could not suppress his feelings. He left the court room dejected. The district attorney's summing up was a comparative and forceful re view of all the evidence adduced. Ho declared at the outset that romance and sentiment did not enter into the Issue ; it was not a question of Stan ford White's character or Evelyn Thcw's sufferings. It was a plain mat ter of fact romlcldo. "A common , cownrdlv tenderloin murder" as he termed It. The novel plea of "domentta Americana" made by At'ornoy ' Delmas at the very close of ill ? argument was attacked by the district attoiney and he repeatedly re ferred ID It In tones of saicasm. Mr. Jerome dealt mercilessly with Kvolyn Thaw , to whom he referred as thf'angel child , " and to Thaw , whom he termed alternately "St. George" $ and "Sir Galahad. " WESTERN PEOPLE DEFRAUDED. D. C. Wllloughby Is Said to Have De ceived Victims With Forged Deeds. Des Molnes. la. , April 11. D. C , Wllloughby , whom the New York po lice olllcers sought to detain , but who sailed for Kuropo just before they readied him , Is charged here with ob tainlng money by falsp pretenses. He Is alleged to have sold thousands of acres of land , giving In return fraudu lent deeds. He is said to have vie- tlins In Denver and Omaha. Carmon Layton , a well-to-do farmer , Is the complainant. Layton says ho will cause Wllloughby's arrest when the steamship reaches the other nldo Exiles Start for Siberia. a St. Petersburg , April 11. A train r bearing 340 political exiles left hero I for Siberia. This is the largest conrJ Blgnment of political prisoners sent to ( the far east for several months past i and ' It Is a result of the efforts to clear j the prisons in view of the expected r raising of martial law. t LCIC LNMAYCO'UrAMONTh ' Owing to Charter Changes Saloons Arc Closing Until A lay 13. Lincoln. April 11. Tor the Ural time In Its incorporated history Lin coln may become a "dry" city the coming weok. Under the now charier ualoon llct-ncim expired and the now municipality vslll not begin until May 13. Of thu forty-one Bullions In the city only loin wore open today , made possible because lliolr licenses wore Into In being granted hint year. Ol the four two iiiiml clonetomnnow , the third n wool ; from today and the fourth 1 a day or two after. In the meantime lending prohlblu tlonlstn have ( lied suit In the district court < to enjoin'lie ! excise board fiom Ismilng any licenses whatever the coming year. Thuroton's Picture Turned. Omaha , April II. Because of the and Itoosevell sentiment expressed by John M. Tbnrstou , former soimtor from Nohraska , in his Phlladelpblu' spoor h , his pletnro hangs In the roomn of the Kontonolle club , the leading Republican - publican club of Omaha , with Us fuce . to I ho wall. Pasted on ( lie back of , the picture Is a newspaper clipping witlilracts from the Philadelphia speech. White Memorial Building Dedicated. Lincoln. April 11. The C. 0. Whltti memorial building ol the Nebraska Woaloyan unlveislly was dedicated In the presence ol u distinguished com pany. The dodlcatoij addHsss WIIH by Governor Henry A. Unchtel of Colorado. Chancellor Hunting on and former Governor John II. Mickey , chairman of the board of trustees , also delivered addrcs-scs. Officers Elected by Stock Grower * . Rapid City. S. 1) . , April 11. The special cars with thu Omaha and Sioux City delegations lett by a spe cial train for the northein lillln and from there to Hello Fourcho for the Noilhwcstorn Stock Growers' associa tion meeting. Oliioors elected are : C. K Howard , president ; H. A. Dawson - son , vice president ; Krank Stewuit , Ftcntary and Hunt and Mrs. Bnssett Wed. New Yoik , April 11. Rev. 1C. Law- route Hunt , who retired Irom the Presbyterian ministry , was married to Mrs. Kanny Rite IJasHett. thu woman who was divorced by Charles dies' er iFHett in Washington recently be cause o ! ' lior alleged misconduct with Pastor Hunt. Bundy Held for Austin Shooting. Tekamah , Neb. , April 11. The ver- diet of the jury at the coioner's In quest held over Iho bo-ly of H. E. Aus- Un was that "Austin came to his death from a gunshot wound , the gun being hnld in tUe uundu of Druca Dundy. " Close Railroad Offices to Obey Law. Council F3luffs , la. , April 11. In preparation for the nine-hour law , the Chicago and Northwestern railroad is closing scores of Its smaller olilces throughout Iowa. Twenty ofllces on the Galena division alone have been discontinued within the last week , and many others will be closed this sprint. FREMONT [ FACES COURT MARTIAl Charged With Borrowing Money 8ti False Representations. York , April 11. Major Fran P. rromrnt of the Fifth United Sta'.au a son of the late General John C. Fremont , faced a courtmarq tlal he.'t to answer chargot of bert rowing money on false roprMontallnu as lo his financial standing. Clinton E. Vraine , an officer of tJ Thirty- Fourth Street National banlt , testified that the bank loaned Fremont $300 In March , 190(5 ( , on his representation that ho had $12,000 worth of property In San Francisco. The cashier of the bank declared that the loan was still unpaid. Edward J. Donnelly of Plttsburg tos- tlfled thai he was a parlner with Major Fiemont in a tobacco plantation In Cuba and thai Ihe niajor said he had $5,000 In a bank at Havana feiib Ject to the order of the firm's agent In Havana Mr. Donnelly said there was no such bank as the one named I by Major Fremont and that ho was unable to find the money , although the major had given him an order for $1.500. REPORTS ON RUSSIAN FAMINE. Commissioner of Society of Friends Says Twenty Million People Dying. London. April 11. Mr. Kenimrd , commissioner of the Society ol Friends , who was sent to investigate the Russian famine , writing from Samara , in the heart of the famine dlslrict , under date of April 3 , appeals to the United States and Great Brit ain to promptly send help. Ho says : "There are 20,000.000 people distrib . uted in ibo soulheaslern provinces ul Russia who. wilhoul aid , cannot live to see another harvest. " Kansas Rate Hearing Ends. Topeka , Kas. , April 11. The inter state commerce commission hearing relating to the grain rates from Kansas points to the gulf , In which discriminations In favor of Kansas City were alleged , was ended hero Tlio commiselon sot the Kansas cases and two cases Involving Iho same rales originating in Oklahoma for ' argument in Washineton Juno 7 and 8 PLEA FOR GREATER PERSONAL LIBERTY IS GRANTED. PRODES DALLOT DOX STUFFING. Grand Jury Takes Up Charges That Hearst Editor Hired Repeaters nt Primary Election in I J04 Witnesses Declare They .Know Molding of It. Ban Francisco. April 11.- Inquiry by the giand Jmy into the alleged ballot ho\ HtnliliiK by agents 01vil ! turn | , H. Hearst and into the telephone iranchlso , , coemption and a decision bj the slate mipmne com I IncuaHlng the j pmonal , , IHieilj of Abraham Hud I woio the net rennltH of the piocodiiro in j . ( ho municipal "grnlt" Invusilgalloii , The grand Jnr > look , up tlio i hargo recently - I cently published In an nlle.nioon paper. ' i to , the eld cl that ICihuird Graney , u j ; prize light promoter and .van ! pnlill- j ! ' ! , c . had ( onloKsed to Special Agent 'Hums thai he had In Angus ! , Ill 01 , caused , primary ballot boxes lo ho Mnlfcd at an oxpoiiHu of $ iii)0 ) fur- nlsliod Ity J. P. llai roll , news odltor of tbe San Francisco Kxamlnor. A numbi'i ol witnesses who were summoned denied unequivocally the charge comprised In Grtmoy's alleged conlcKHlon or any knowledge bearing upon H. The first victory of consequence hcorod by the defense since Ruef WIIH indicted for extoitlon was achieved In the supreme court. It came in the foim of a partial ruling by that Irl- hiinal. sitting en bane , by which Ruel's pra\ci lor greater iiersonal lib erty Is granted. Tin1 court withhold decision as ( o that portion of Ruof's habeas corpus petition which denies tlio legal tight of a court to clothe an ollsor with custodian powers. Thin loaves the main contention yet undo- tcrmlnod HERMANN ADMITS NEPOTISM Former Land Commissioner Gave Po sitions to Six of His Relatives. Washington April II.--Tho princi pal developments In the p cioss-exam- Inatlon of Ulnger Hermann wore his lla admissions that while he was com missioner ofthe general land ollico lie gave positions to six of Ills tola- lives. Reference was again made to tltl the "tip" which Mr. lleimann Is al leged l to have given I-1. P. Mays re- gaidlng tlio illne mountain forest re serve , but Mr. Hermann , while ad milting that lie dictated the telegram ? co'ild not remember Its details It was also brought out that Her mann had locolved a part of the gov ernment compensation of his brother as payment on a mortgage and that he received some of the compensa tion of Cyj \ , Miller , a son-in-law , but declared that It wax In payment tor advances he had made Miller. Mr. Hermann admitted that he wanted to become United Stales sen- alor in I ill ) . ' ) , but denied that It was his plan to have his resignation as commissioner of the land oillcu hold up until after the senatorial uloctlon. Conespondencf between H. A. Smith and Hit * defendant and W. N. Jones and the defendant wan Intro duced lo contradict Mr. Hermann's testimony Hint he had nvvor corre sponded with them. A special report from the land of fice * in the west intended to show the prevalence of fraud in limber and stone entries was made the basis of n qneslion asked Mr. Hermann lo show * that : he had warned friends in the wosl lhat an investigation was to bo put on foot by Iho government. This Mr. Hermann would not admit. Fifteen Perish In Fire. Lisbon , April 11. Fifteen people were burned to death in an apart mcnt house fire here It Is believed to bo a case of arson and three people have been arrested on suspicion. John Henry Clews Dead. New York. April 11. John Henry Clews , n member of tlio banking firm of Henry Clow.s. died after a long 111 ness , aged 51 years. A widow and one daughlor survive him. Russian Mullneers Sentenced. Vllna , Russia , April 11. Seven men who participated In the innllny of a sapper battalion hero woie .sentenced to various terms 01 imprisonment ot to death. Ouster Suit Set for Hearing. Jefferson City. April 11 The ouster suit of Attorney General Hadloy was set for hearing before the supreme court en bane on April 2-4. The hearIng - : Ing of Ihe suit Instituted by Attorney General Hadley to dissolve the alleged merger of the Gould railroads and other Intcresls In Missouri was scl for Ihe same dale. Alleged Murderer Taken. New York , April 11. News of Iho arresl In l os Angeles of Charles j ' Henry Rogers , alias Charles B. Car- pcnlcr , charged with the innider of f Willis Olney. Frederick Olnoy and I v Alice Ingerlck at Mlddleton. N. Y. , on i t October C. 1905 , was received here. Spaldlng Resigns as Trustee. | ' e Washington , April 11. The board | r of trustees of the Catholic university r accepted the. resignation of Bishop ? SpaUHng of Peorla. III. , as a mem- c her of the board Bishop Spalding gave 111 health ns his reason for re- THE CONDITIONJtf THE WtAlHER Tompor.ituro for Twenty-four Hours. Forocnat for Nebraska. Condltloiw of thu weather IIH record ed for tlio twunty.foiir IIOIITH ending at. , K a. in. todiiy : Maxliiiiini nt : Mliiliiiiiiii ; iK Average \ , . -Hi llaronwlor a .8a Chicago , April II. The hullotlii In- HIICI ! by tlio Chleago Hlallon ( if , thu Unllod HlnloH woalhor liunmii given the I'oroeiiHl for Nebraska aw follown : ( loiii-rnlly fair tonight and Friday. Coolnr tonight. & DUMA DEFIED -STOLYPIN - Invites Experts to Assist In Consider- ntlon of Budget. St. PotoiRburg , April 11. Premier Stolypln'H allomplH to limit , ( lui com- | iulunc ( > oT I In1 lower IHMIHO ol' purlin- int'iit . ' ' by forbidding KH ( MininilttuuH to obtain hlnilHllcH lioin IhooniHlvort nuil ] avail thomxolvoH of outside ox- purt | advloo IIIIH been dolled by tbu house. ' ( Monitor ( iolovln him will I en u tu11 ! loltoi In ( lie premier nuking liliu on what gioiiml and niidur what law ho } Ih LMillllt'd to address Hiicli do- inaiidH to the liiipi'rliil parliament. The law , M. Golovln says , contains n paragraph iiullinrli'.liig tlio lower hoimo parliament-to Interpellate the mln- Ihtnr. but nowhoio WIIH theio u stale- men ' ! of n reciprocal right on the purt ol' the mlnlHlorH toward Ihirhniibp. The budget committco bad decided by only two adverse voteH to defy the promlr-'R order and lo Invite oxpertn to assist In the coiiHldenillon of the j" IniilKi'l. The aclloim of ( 'resident Oolovln and Hie budget commit lee were taken after a loni ; ( onfeience belweoti the preHldenl and the Icadura ol' all parties In parliament except , the extremu rlghls and brings thu Issue squarely bel'oro ' the cublnet. The dim iiHHlon of the budget In cotnmlttee IH exported to last from four to six WffkH. The estimates prob ably will be accepted with minor chimgoHby the hoimit when presented. TRY TO 'KILL ' GRAND DUKE Sentry Balks Another ' Attempt on Life of Nlcholalevltch. St Poloishurg , April 11. It wns ainiDuiu cil that another attempt on the lili ! of Crand Uuko Nicholas Nlcholalovltch , president of the coun sel ol nalloiiiil defense and a second cousin ol ICinpeior Nicholas , had iruo.n Irustialud. The ginnd dnUe , accompanied by-hls brother , I'otor Nlcholalevlteh , wus re turning fiom Tsarskoo Solo by train. When tbe train teaehed ICnzmluo , thirteen miles from St. Petersburg , It wan brought to a sudden tit op by u fusillade of uhotu from the Irackslde. A sentry said he had seeti four men hiding behind an embankmonl , evi dently iiwaillng the comliiK of the train. Ikat once began shootliiK. firing In all twelve shots. The four men succeeded In gelling away unin jured. Every foot of the remainder of the Iraeks Into St. Petersburg was euro- fully searched before the two grand dtikos ventured to complete their journey. DEEP WATERWAY"RIASIBLE Governor Deneen Transmits Report of Commission to Illinois Legislature. Springfield , 111. , April 11. Governor Doneen sent to the senate and the house the report of the commission appointed by him two years ago to investigate anil report upon the pos sibilities ' of a deep waterway between the lakea and the gulf. According to the report , the channel containing eighteen feet of water is entirely feasible from Chicago to St. Louis. Governor Doneen recommends that legislation ho enacted conferring upon the canal commissioners the power necessary for the development and use of the immense water power. SHOCK KILLS INDIANA MAN * Farmer Stricken When He Learns His Sanity Is Questioned by Physician. Logunspori , Ind. . April 11. Sum moned to the ollico of Dr. John W. Uallard supposedly for a friendly call , H. K. Stonghton , a tanner , found Ital ian ! and othom assembled as a lunacy board to inquire Into his sanity. "My God. John , would you send mete to ' the madhouse ? " ho screamed , then J' fell unconscious , Ifnm his chair. When resiibi Mated he was speechless and totall ( > paralvze.l and died a few hours later , . ouglm.n's relatives had pell- Honed u > ' the appointment of a com mission , I 01 ! ng a tow weoUs1 treat ment \\oi.i : r < uoro his faculties. EMPLtYIlS' { LIABILITY LAW Constitutionality of Federal Regula- tion Being Aru { , ; d in Supreme Court. Washington. April 11. Argument was begun in too ouprema court of the United States , in the two cases of Lumcell Howard and jr. C. Brooks , In volvlng the const Hutu . .llty of the employers' liability lu\i holding railroads - roads engaged In mtorsiata conunercu responsible for U-mage to omployts when caused by tlio neglect of follow employes or doflclein appliances. T. e cases have attracted wide atUnt u and In both of them the trial courts bold against the validity of the statute.