THE OMAHA DAILY BEE. T THIRTEENTH YEAR. OMAHA , NEB. , THURSDAY MORNING , MAY l-l , 1885. NO. 22 ( . ) THEY SQUIRM. "Mormons Present Thiir Protest to the PreslilGii' ' , They Demand an Honest Execu tion of General Laws , Cleveland Atmirca Tliom That Knllli Shall Bo Kept "With Kvtry Kn- actmcnt of ConKrcsfl , THE MOHMON8 PUOIEST. THEY AHK IICWKI ) OUT. WASHINOTOS , May 13--Congressional Del egate John T. Caino , of Uuh ; John Vf. Taylor , son of the president of the Mormon church , and J lm Q. Cannon , son of the ex- congressional delegate , who compose the dele- gntion sent by the Mormon church to lay before - fore the president a statement of the griev ances ol the Mormona and pre sent tbo address recently adopted by the mo s meeting of Mormona against the action of federal officials , called by appointment at the executive mansion this morning and word received by t ho president In the library. As the delegation entered the president was seated nt his deek , but im mediately arose , shook hands with Caino , and was then introduced to Cannon and Tay lor , Unino then road the address to the president , who remained standing during the interview. The president listened courteously and attentively to the address , and , upon its conclusion , said : "Well , gentlemen , BO far , of course , as the Edmunds' law was concerned , I had nothing t < > do. It is my duty to BOO that it Is enforced as well as nil other laws. You are entitled to fair consideration and to have the law fairly administered , as ynu ask , and so far ns any appointments I shall make are concerned I will endeavor to give you the character ol men who will ceo that the law is fairly and Impartially administered. 1 hope soon to goo at these thingt ) , but it will require a little time. " The president's facq broke Into n smile , as he concluded : "I wish you out thoio could bo as the rest of us " "All wo ask , " rejoined Mr. Caino , "is that the law shall bo Impartially ndminlstered. " "You are entitled to that , " said the presi dent , "and so far ns I nm concerned I shall see that it Is done , I will give these matters my attention as early as possible. " _ Another delegation entered at this moment and the Mormons saluted the president and withdrew. The following is the address protented by the mormons to the president : " President A conference "Mr. : general ence at Logan , Utah , on the nth day of April , 18SD , appointed a com mittee to .draft a specific statement of the wrongs they nave Bud ored and are still suffering f rum the tvranical conduct of federal ollicials. The committee thus created submitted the re- ault of its labors to the Mormon people of "Utah gathered in moss meetings at the sever al counties of that territory on May 2 , 1683. The people of thuir own free will unanimously and enthusiastically ratified this "declaration of grievances and protest , " arid the undersigned - signed were delegated to come here and for mally deliver the same to you. "In the performance of thU duty wo beg leave to ussuro you that thin docu ment voices the unified expres sion of the whole mormon people. It Is not the mere dictum of the church au thorities. Thu presidency of the church had nothing whatever to do with the preparation or ratlhcatlon of this declaration of the peo- nlo's grievances and their protobt atrainut the wrongs inflicted upon them. The people wanted to have formulated the facts of their faith which are made the cause of complaint against thorn and also a statement of the acts of the men who have been sent by thu general government to rule over them. Thin him boon done , and the people have approved thereof and made it their act and deed. In the or- eiclio of a right guaranteed to them by the constitution of the United Slates , nearly 200,000 cituans appeal to their fellow citUens for a fair hearing and petition you for a redress of their grievances. The mormon people have been patient , forbearing , and long-sutlering. They have not been , they nro not , and they will not ba disloyal or law.delying. They have within the law fteadfastlyroeisted whatthov believed to hour just enactment * , but they have not resisted and will not resist the judgments of the courts. Tluy maintain , however , that they ought not to bo made thu victims of special legislation enacted under the form of general laws. Thu act of congress pun ishing by fiuo and imprisonment unlawful cohabitation is unquestionably a general law , supplying llko to nil th inhabitants of tlm territory over which the United States claim exclusive jurisdiction. It must have b'on intended to suppress vica and Immorality , as well as to punish mormons who maintii ed martial relations with their plural wives. But the prosecuting ollicers in Utah have declared this law wai not made to be applied to non- mormons , and the courts havu held this to bo tha fair and rightful interpretation of the unlawful cohabit tlon act. They Invo moreover held that m < rtnons who have main tained the otlapi ing of ttiuir plural marriages and recognized as their wives the \vomnn they cspomod before tbo passage of the Edmund's law were guilty of UH violation , and upon this ruling men have been con demned nod sentenced and are now under going punishment although they were ready and oifered to prove that they had not co habited with moro than ono woman , " "Very recently a man who confessed to hav ing seduced his wifo'n sister was arrested upon of "unlawful cohabitation " but a charge , was , upon a haluss corpus p oceeding , released and set free by the chief justice of tbo territory , who held that the Kdmuuds law wus not in tended to and did not apply to such coses. It ia probably needless to add that the accused in this case was not a mormon. The mormon people do not ask tbut you shall oven "wrest once the law to your authority in order to do a gicit ' right Eto them , " Th y will endure vastly morethau than the public conscience would expect of any people but they insist thai they have tno und ubtod right to doininc that the laws ehould ba impartially edminis- toroJ ; that the men who administer their should ba fair , upright , uublaiod and linpir tial ; that the executive oud adinmUtiutivi ctlicer sent theru by the fed eral government should bo houo * and confine themselves to tin performance of their legal duties and jot become the MllrH of cu uuecrupuloiu cotorii whoso sole object Is to i hinder the mormons their property and their liberty , Tbo rnor mon people are charitable and are not promp to speak evil , oven of tho.o who despiteful lly ! use and prosecute them. Tbo mercilosi crutade which huberuuagod against then formany years they boliovn to bo directed at their religion. They know that tha faith whicl they profess and prtctlce is unpopular , but they know also that in this respect they an but enduring that which has been the com mon lot of true bnliavers in every age of the world. They believe it is an true HJ it was t those of whom the son of inrn sp > ko ore than 1,800 years ago. "And ye shall bo hate of all my men for my name's skkr , but he that ondureth to the end sh U ba saved. " Thir abiding faith in a overruling providence makes them conBdeu of the ultimate triumph of their coune. Tim feel and know that their religion it of Ci lad and that the wicked and ungodly will live \ g l'i t It la v in. "We are not here , Mr , Ptoiident , to ni favors nt you hinds , 'ihote who bunt us as but for simple Jiuticu They do not ask you > stand between themitrd th law. but they oin Bint thftt the laws. tight to be admiuiitered wl equal exictLtm , rt'ga-dleaa of raca , projudi orreligium mtip thls. They ros. gnlib tl tact that It i * j our duty to icu that tha law enacted by consreia ara faithfully execute but they maintain that a faithful oxeruti < in this Instance meani perfect equality before fore the law of mnrmona and nan mormons. Therefore , In their behalf wo icsqecttully ask that you will heartily respond and glva heed to their request for n fair and impartial In vestigation of tha Utah situation. TUB rnoTKST. "This Is their protest : 'Wo protest against unfair treatment on the part of thoteneral government. We protest against the con tinuance of memorial bondage as subversive of the rights of freeman and contrary to the spiiit of American Institutions. Wo protest against special legislation , the result of popu lar prejudice and religious interferenco. Wo protest against the conscience of one clnss of citizens being made the criterion by which to judge another. Wo protest against the tyranny of federal officers and the coo- tinuanco In oflica of men who dltgrace their positions and use them as a means of oppres sion. Wo protest against the Administration of the Kdmunds law the punishing of one class for practicing their religion and exempt ing fr m prosecution votaries of lust and crime. Wu protest against the breaking up of family relations formed previous to the passage of the Kdmunds law , and depriving women and children of the support and protection of their husbands and fathers. Wo protest against the proaec'illon of persons , many of whom are aged and infirm , who en tered Into plural marriage before It was de clared a crime , and who have never violated any law. "Worospcctfully'askforthonppolntmentby the president of a commission , to fairly nnd thoroughly investigate the Utah eituation , and pending Its report , we solemnly protest against the continuance of this merciless csusado. "In conclusion , Mr. President , permit ua to express the belief that n fair and candid in vestigation of the mormon problem would disabuse the public mind and remove much of the prejudice existing against us. May wo not , thcrcforo , entertain the hope tint you will institute such an investigation , and thus open the door tor the Battlement of this vexed question. " BATOTOHK HAS THE TOWS CAPTUBKD AT TUB POINT OF THE HAYONET DETAILS OF THE BATTLK. BATOCIIK , May 12 , via Olorks Crossing , May 12. Batocho hag fallen , the rebels have lied , driven from their rifle pits and ambush at the point of the bayonet. The charge waa gallanty made by the gredandiers. Kiel Jaent a messenger to Gen , Middloton early In the day , saying : "If you persist in firing upon the houses con taining our women and children wo will mas sacre the prisoners in our hands. " The general , in icply , told him to gather his women tnd children into une bouse and it would not bo fired upon. Later Kiel sent an answer thanking Middlec ton for his humane promise to save the wet men and children , but afterwards , as the general - eral attack was jiibt baing made , he pent another - other messenger saying he did not like war , but unless the troopa retired the original in tention of massacrelng the prisoners Would be adhered to , but it came to lato. The charge had already commenced aud in o few minutes the rebels were scattered and the prisoners rescued , The following is the list of casual ties to-day : Killed Capt. John French , Ecout ; Lieut. Pitch , Royal Grenadiers ; Capt. Brown , Boulton'n troop ; W , H , ICIppen , sur veyors' corps ; Private Frazier , Ninetieth ; P/ivtte Hardisty , Ninetieth. Wounded Capt. Glllis' , Private Young , Sargt. Major Watson nnd Sorgt. Jacques of the Ninetieth , all slightly ; Lieut. Helllwell , Privates Quigley and Barton of the Midland hattallton ; Maj. Dawpon , Lieut. Laidlaw , Privates Qulgley , Cook , Vnugban , Barber mid Marshall , grenadiers , more seriouely. Father Montlin was found in his house at Batocne , wounded , it it > believed by the rebel' , but not eeiiously. The following are the names of the prlfon- era rescued from the rebels : * vLti88 , Peter nd William Tompkins , Mc- Kenn , Antley , Rosa and McConn. ST. PAUL , May 13. The Dr-spatch'd Win- nepeg special says the following private dis patch gives the first definite tidings from the steamer Northcote : ON BOAUD STEAMKH NOBTIICOTE , May 11 , via Uumboldt , May 12. The rebels kept up a hot lire on us for six miles. Only three wounded. I got a ball through the coat but am not hurt. Hugh John McDonaJd , thn premier's son , is with mo and is all right. The troops are still fighting. Wo ran out of the wood and had to go down , Will go back to assist the troops after woodlcg. The rebels are about five hundred strong. S. L. BEDSON , " Nothing Is definitely known about the movements of the rebel leader Kiel , Dumont and others crossed the river and started west. OTTAWA. Ont. , May 13. In the house this afternoon the lion M. Caron read the fol lowing official dispatch from Gen. Middloton , dated Batouche , May llth , via Clarke's Crossing , May 12th : "Have just made a general attack and car ried t o whole Bottlemont. My mon behaved splendidly , Thn rebels nro in full flight. I mn sony to Biy _ I have not gat Kail. While I waa reconnoiterlng this morning William A-hoy ! , one of tbo prisonersgalloped up with u lUg of truce rnd handed mo a letter from Kiel faying : If yon massacre our families , I chill masKacrotlie prisoners. ' I soot worlthat if ho would put Inn women and children in one plucsaud let "mo know where it was , I should not fire on them , "I then returned to camp and pnsaed on my advance parties , who firad on the rebels and BO pressed them until I saw my chance ) , and ordered a general advance. The men uctodnby ! , being splendidly led by their officers and Uol. Btroubenzio. They pushed the enemy out of the rifle pits and forced them away across the plain and seized the bouses , and were masters of the place , The most of my force will bivouac there. "In tbo heat of action Ashley came back with another missive from Kiel , as follows : 'tieneral : Your prompt answer to raynoto shows that I was right in mentioning the . ciuo : of humanity. Wo will gather our families in one place , and as soon as it is dona will let you know , ' Oa the envelope be had written ns follows : 'I do not like war , and If you do not retreat and refuse to interview , the question remains the same concerning " ' prisoners Our loss , I am afraid is heavy , but not so heavy as might bo expected. As yet I find it Is five killed and ten wounded , The - prisoners luve all been released and are safe in my camp Among them is Jackson White , a man who was Kiel' * secretary , but who is now mad and rather dangerous , The following telegram was also read The tteamer Northcote and another stoamei are coming up the river with Company Oof the school Infantry and ; police , and will cut oil , the retreat of the rebels. The rebel loss ii - believed to be very severe , but as yei unknown. ; , Man , , May 13 , Two Yankee : trappers and prospectors reached here in canoes late last night , They are suspected < and will bo detained for a few day * . Thev report that they were in the woods below Kd montau for six months , and had not heard of the rising. They bavo with them a quantity - of furs worth several thousand dollars , of Tlio P rrnts of the Forclvala Arrive Special Correspondence of The BEE , FOLURTON , May 13 , Spencer A. Perclval , of London , Kngland , father of Harry Perci anent vsl , accompanied by the Rev , Dr. Tannei ey father of Mrs. Perclval , arrived hero last , night , find are the guests of 8. H , IVnnej Th y wiUinito morrow to the : ene of the crime through wh ch their son ucd daughtt nek mo : their k ute Tlio Copgrcaa or Cliuroho ? . > with lUltTKOiii > , Conn. , May 13. The lust sr dice lion of the congress of churches opened I the 10:10 : this morning , Gov. Harmon proiidini * Tha hall was filled by a large audience , The , subject for dticnsilon was the "Historic lion Christ oa the True Centre of Theology , " THE OLD WORLD. Incidents of Ibc Day on tee Three Continents , Art , Politics , War and News of a General Sort , I'cnjtloh Described AB Edcnic In Its lliolmcBR Soudanese Sol * tilers THE APOHAN 19SU13. A LONDON , May 13. A dispatch from St. Petersburg arrived lust night. DcStahl im mediately had interview with Grnnvillo. It is surmised that llussi.t accepted the conven tion. THE r-KNJDEH VAtLKT. LONDON , May 13. Condlo Stephens , the bearer of dispatches from Lumsden to the government , says , the British commiBsion started from Tirpul imme diately after the Ponjdeh battle , marching to Paroplmisua mountain ; . Terrific en'ixv stoims rendered progress slow. Many camp followers wet o lost The defeated Afghans retreated by another route , via Maruchak and Dalmurghab. The Penjdoh valley Is a feitilo oasis , n lovely country , with tplondld pasture lands. In _ spring tune the ground is literally carpeted with flowers. Dr. Altcheson , botanical expert , was delighted - lighted Ho made a valuable collection of flora. The valley abounds with game. The party killed 1DO pheasants dully. The Murgh ab abounds in water fov I , and the hills are stocked with gazelle , antelope , wild sheep and pigi. The Afghans wore always kind and at tentive to the wants of the commission , nnd did their utmost to provide them with food and comforts , though the tisk was a difficult ono , the country being uninhabited. Tao party saw the ruins of numerous ancient towns. When Stephen loft the commission , all members were in goad health and spirits , THE CBBDIT PA83KS THIHn RBADIKG. The consolidated fund bill the 855,000,000 credit passed the third reading in the house of commons this afternoon. MAI1INKU3 ALLOWS ! ) TO GO. The naval pensioners recently called on for service have been authorized to claim their discharge. GENERAL FOIIEIGN NEWH , THE SICK LIST AT BUAKIM. SOAKIM , May 13. There is a fearful amount of sickness among tha British and Egyptian troops t here , the ships are crowded with pa tients and additional hospitals ard being erected on adore. BAHINO MtJST 00 , LONDON , May 13. The cabinet is meditating the recall of Sir Evelyn Barintr , consul general at Cairo , as ho is not in accord with the government on the withdrawal of the British troops from Soudan and the SUEZ canal interi.atlonalization scheme. THE NATIVES SODMIT. RUAKIW , May 13. Ono thousand natives who have been hostile submlitted to British authority and have been armed. It is feared , however 1 , that the withdrawal of the British forces I will deter further submission. MINISTXR WALLACE'S FAREWELL. CONSTANTINOPLE , May 13. Gen. Lew Wallace , ox-Uhtted States minister to the porto , officially tendered his farewell to the aultan and loaves hero next Friday The American residents at tbo Turkish capital have presented WalUco with an eulogistic addrots. TUB DYNAMITERS. LONDON , May 13. Thetrial of Cunningham and JUurton was resumed this morning. RAILWAYS IN INDIA. LONDON , May 13. The Earl of Kimberly , secretary for India , announced in the house of Lords yesterday that a plan had been officially sanctioned involv ing an outlay of five millions for railways and military roada , including a line to Quetta , for defense of India. AMERICANS EXI'REES APPRECIATION. PARIS , May 13. A reduced copy of the Bart holdi statue of "Liberty enlightening the world' , wa formally presented by the Amer ican residents of the French capitol to the municipality of Paris to-day. Levi Morton , ex-United States minister , made the speech of presentation , and that of acceptance was delivered by M. Bono , president of the mu nicipal council. LONDON rOLICK ROUTED DV A IIOII , LONDON , May 13. A riot occurred Satur day afternoon , between n n.ob and the police , for tbo possession of Nelson monument , In Trafalgar square. About 10,000 mon had assembled In the tqinroto make a demonstra tion against the government's budget pro posals to increase the duty on spirits and beer , 'ihe row lasted noirly an hour and the promoters of the meeting and the police wore finally forced to retire having the crowd pinging in triumph , "Rule lirittiamca. " Soon after the mob had compelled the speakers to leave , It surged to the front of the National club , which faces Trafalgar Squire. Kvery parson noticed leaving or en tering the club buildintc was mobbed. The attitude of the crowd was so menacing that the club peers were closed and a messenger dispatched to Scotland yard for additional police. At nine o'clock the rioters were in full possession of Trafa'gar ' square and North Umberland avenue was alee occupied by a mob of many thousands. Hunting Lillian M ( llson'H Murderer. RICHMOND , Va. , May 13. Tbo taking of testimony in the Chuverms murder trial com menced to-day. L. W. R-oso , keeper of the reservoir where Lillian Madison's body waa found , described the place and defined his duties. It was his custom to make a circuit of the works twice a day around the wall on top of the bank of the reservoir. Thus en gaged , on the morning of March II , i10 found a woman's glovn and broken shoo strUg , and looking into the water saw a portion of the dress and partially exposed body of n woman. Contin uing tbo examination of the premises after taking the b xjy from the water he noticed ; evidences of a struggle on the bank and the footsteps of a woman followed by those of 10a : : man. The witness noticed a severe contusion over the right eye of the dead woman and said bo thought a person falling might receive such a wound from the bricks which lined the is reservoir. In answer to a question by the attorney for the prosecution tne witness said the surroundings outside the reservoir were dismal and gloomy , especially at night on the east side there being a smallpox hos pital nnd on the south a place where small- l > or patients are customarily burled , Around the reservoir was a picket fence three feet and : four inches high , The defense objected to i c question as to whether a woman ia a delicatt condition could easily get over this fence , mi if 11 was likely1 a lady without an escort woulc , approach such a dismal place at night , nd the court tukd them out as improper ones. , Boomer * Motto Another H ld , - WICHITA , Kan , May 13. A special froc , the Cheyenne agency , Indian Territory , sayi . Twenty- seven boouu M' wagonp , each partial ] loaded with Indian tnppliea from Arkansj City , have gouo into the territorj delivered tbeir goods nnd then move on into the Oklahoma disuict , where ll'o boomers have loc < ttud claims and commence farming operations. The repott nache BfS- Cheyenne to day that tha baoniera are exul at i nt , and have sent word to tha campsra in tl . vicmity of Caldwell that the coatt la apa clear for another raid , Etch ol the twent ; ical seven wegoni contained two i three men , They went iroin the Cbe ; onno agency directly down tha Ctmarron , tlver by Camp Uusabll. which had juit been vacated oy the troop * that had been ordered to the northwest. It is the judgment of the author At the agency that ' 11 the boomers left on the border will again Hock into Oklahoma , although the Fifth cavalry , under command of Gen. Merritt , Is now under marching or ders to take the place of the Ninth , just moved , FIQIU1NG KOIl FJKEIGHT. ' TIIK CENTRAL TRAFFIC ASSOCIATION ALL TORN or. CuiflAQO , III. , May 13. Tha general man agers of the western connection ! of the east ern trunk lines , constituting the Central Traffic association , began a session hero this forenoon. The attendance is not as largo as at the first setslon when the agreement was aln made to maintain freight rates on the basis of 20 cents on grain frun Chicago to Now York. Since than there has been open cut ting of ratoa , it having boon charged that a rate : of 13 cents was made for a largo assign ment of grain hero yesterday. The meeting hero ' to-day resulted in an exchange of re criminations , and it is hardly thought that a restoration , of rates can result from the present j , meeting , as a numbar of roads are not represented. A proposition was made to refer tha question of rates to n committee of eighteen , and the proposition had boon dis cussed at some length without any result up to noon. ( In the afternoon the committee of eighteen mot but found there wore disagreements among the liius represented in the Chicago local committee , and that any gimeral maintenance of rates waa impossible until those differences could bo harmonized. It was recommended tint tbo Chicago committee make an effort in the direction of harmony , and the committee of eighteen adjourned subject to the cill of the chairman at Chicago , The committee will probably meet to-morrow. The managers rf roads between Chicago and the Missouri River met here to-day to ratify the agroemant made a few days ago for the formation of a number of pools on business bstween the points named. The agreement waa read section by section. The Missouri Pacific put in a claim for an in creased allowanceCmJtha traffic in which It is concerned , While no definite action was taken it is believed the claim will ba allowed. The nttornoon session was devoted to the discussion of the percentages of the pool on range cattle. The mooting will ba continued to-morrow. THE SUPREME OOUUT. IMPORTANT DECISIONS AFFECTING OMAHA PAR TIES. The following decisions of the supreme court were filed May 12 , 1883 : Dunn vs. Haine ? . Error from Douglas county. Affirmed. Opinion by Maxwell , J" . 1. To eivo the court jurisdiction in on ac tion against a defendant who resides in and was Bervodjwith summons in another county than that In which the suit was brought , the defendant who rosldoa In or ii served with summons in tha county where the action is brought must have a real and substantial interest - terest in the suoject of the action adverse to the plaintill hence , if a surety ia discharged by the creditor cotton ing the time of pay ment without his consent , he is not a neces sary or proper defendant. 2 A defendant who resides in a different county form that in which the action ia brought and denies the jurisdiction of thu court over his person , should have the ruling of the court on his objections thereto reviewed on error and not by appeal. By appealing he entera a general appearance. Pearson vs. Kansas Manufacturing company. 14 Neb. , 4jll. Harman vs. Omaha , Error from Douglas county. Reversed. Opinion by luaxwell , J. A city ia liable under the constitution of the state to a lot owner for such damages as he may sustain by filling in the streets in front of his lot above the level of the same , where the buildings were erected on the lot before the grade was established , DeWitt vt ) . Wheeler ect. company. Error from Saline county. Affirmed. Opinion by Maxwell , J. 1 The homestead law m force when a debt Is contracted governs as to the rights of the creditor and debtor in that caee. 2 Where in a stipulation of facts it was acrreed that the debt * ' accrued in the summer of 1877 , " a homestead Hw having taken effect on the first day of June of that year held , that as the word "summer "is frequently used to indicate the warmest season of the year , It will not be presumed that the debt accrued after the first day of Juno. Hartman vs. Strelta , Error from Douglas county. Afliimed. Opinion by Maxwell , J , In 1805and 1807 the Homestead society , of Dubuqtto , Iowa , purchased a tract of laud adjoining the city of Omaha , an I divided the same into lota known as Hartman'a addition to Omaha , the title being in J , G. Hartman as trustee for the members of the tociety , Ono B. rendered valuable services as flee ro tary for said Fociety , and In 16G7 or 18GS was given lot 32 in said addition as compensation therefor. Ho took possession of said lot in 1803 , nnd enclosed the same and retained potsesiton until his death , In 18G9 B. died , leaving a will in which ho devised said lot to his widow , The will wai duly admitted to probate , and afterwards the widow sold and convoyed all her right , title nnd Interest in eatd lot to one S. , who brought an action against thu trustee and his sou who had notice of the transaction before uurchaolng , to obtain a deed for said lot , Held , That S waa entitled to a Bpoclfio execution of the con tract. State ox rel. vs. Townsend. Mandamus writ denitd. Opinion by Maxwell , J , A person possessed of a homestead upon which ho rotidos , although his title may bo a contract of Bale , and the property encum bered for nearly its full value , is not entitled to $500 , in addition in lieu uf a homestead , Nor can ho pledge his homestead as security for a debt , nnd while possessed of the home stead claim $500 in lieu thereof. Lord vs. State. Error from Brown county , KevereeJ. Opinion by Maxwell , J , 1. An indictment under section 208 of the criminal code against a husband for deserting his wife and living and cohabiting with another woman in a state of adultery , must allege the olfeu " substantially us in the statute. 2. Under a statute permitting a husband or wife to testify in a criminal proceeding for a crime committed by _ one against the other. Held , that on tbo trial of a husband on an in dictment for adultery the wife was a compe tent wltneiB against him. 3. Marriagd may ba proved by an eye witness , and if followed by cohabitation its validity will ba presumed. uo l Found en tlio Nlobrarn. Special Correspondence of The BKE. AINBWORTH , Nob. , May 13 , A farmer liv - ing on the Niobrara rirer , northoaat of this , , I c'ly > while digging for water on his home- 1 stead , struck a throe-foot vein of coal at n j I depth of oi/hteen feet , Tha coal Is of uplon. I did quality. It was nt once covered up ant a I the well abandoned , to enable the tenant to I make final proof of his land before exposing : I Ms find. But he revealed the secret to a con tidential friend , through whom the discover ] I has beojine generally known. A compaoj will bo organized to develope the vein , TOLEDO , O. , May 13. Toledo , 7 : Omaha , ' . MILWAVKES , Wh. , May 13-Mllwauke : : | 'Jj ' Cleveland , 4. The festival cnoiut , will meet for a voc , rohersal , Friday night. I Morris Pulntz , one of the loaf erf , ai ' I r Bted night before last as a tusplclous cha I ac'er ' WM Been wve l times in tha vicinity nit- 1 John E , Wiegman'a residence , immediate the I prior to tha evening on which Mr. Witgmi ! - 1 waa w5''n'l'L'here ' ' ere strong reaaciu or I believe that Puiatz bad ft Land in th&t > > & leycieus affair , DARK HORSES. Harrison and Farwell ia the Stn- attrial Lists , Morrison Handicapped by Leop- or's ' Dofont. Itoimbllcatis Awaiting a Clmnco to Defeat Logan An Interesting Situation Presented , THE ILLINOIS WHO BHALI , UK BKNATOH ? Special Telegram to The BEE. SmiNOKiiLD , 111. , May 13. Both branches of the legislature met at noon to-day in joint session , One hundred and ninety-eight mem bers wore present , but no vote WAS cast. The democrats Intended holding a protracted scs- sionnnd knocking Morrison out , but he seems to have been too eharp for them , Ropresontn- tivo Tyler of Adams , n Mornson man , waa conveniently absent , and , of course , there could bo no vote , which civea Morrison an other day of grace. A crisis in the senatorial contest seems im- rrineut. Morrison , rightfully or wrongfully , Is blamed for the lets of a member in the thirty-fourth district. His enemies ore using against him the argument that a man who would allow the wool t > bo pulled over his eyes , as was done in that case , is not fho kind ot a leader who should be sent to the senate. His friends are beginning to admit that ho cannot possibly bo elected , and there Is a perceptible pressure _ from Wash ington , not perhaps directly ngaitut him as an individual but against him ns an obstruction to the success of the party. The national ad ministration would rather ceo any ono elected than Logan , and the democratic managers , outside of Morrison and a few of his personal adherents , fmr that if something is not done and donntniickly , that Logan will circumvent them again and secure his own election. There are Indications that Morrison himself begins to realize the inevitable , and that ho will submit to It , not voluntarily or will- irgly , but because he fears the consequences to himself should Logan bo elected while ho , ( Morrison , ) continues to hang on , There seems to bo a general democratic demand that Morrison shall get out of the way and bo pretty quick about it. Democrats don't seem to care very much who iselectod if they can only elect any one. Success is what they are ' after , and strange to tay the drift of opinion is unmiatakeably , though somewhat unaccountably , in the direction of Carter Harrison. It is not probable that there ever will be a full democratic caucas , but when Morrison is no moro a candidate , the democrats . will vote all around the clrc'o and in the course of time , finding that they can not elect a straight democrat , they will begin dropping votes hero and there for Ex-Con gressman Farwell. The election of a republican in that Democratic - cratic stronghold the Thirty-fourth district , is n bitter pill for the democrats , aud they exhibit a venomous spirit against Logan bet cause he outwitted them. If the republicans fully appreciated Lagan's genera'ship ' in fin itching victory from defeat , in that case they would stand by him to a man and reward - ward him by electing him , as they can do. If he over had a prospect of getting a demo cratic vote , ha has none now. The democrats are Bore and sour , and will go almost any length , oven to tbo length of electing another republican , to revenge themselves on Logan. The public need not bo surprised to find them voting for Charley Farewell , not that they Jove Farwell , but that they hate Logan , Already negotiations have been opened between - tween eomo of the republicans and some dem ocrats looking to Farwell'a election. About eighteen republicans nro ready to bolt Lcftau for Farwell OB soon ai the democrats give them sufficient encouragement , which they may do before Weaver can take his seat. In case the democrats take up Farwell there is no telling what the Logan men will do. Some of them stick to him to the end , but others may make a diversion to offset and if posblble kill the Farwell boom. By Associated 1'rcs ? . SpniNapiELD , 111 , , May 13. In the senate a resolution providing for an afternoon session on Tuesdays , Wednesdays and Thursdays was adopted. A communication from the governor nominating seventy-five notanoa public received consideration. The general appropriation bill was temporarily post poned on motion of Merritt to allow time for the house to got through with its delib- eratioEB , In the. house this morning the speaker an nounced a committee to investigate the work ing of the southern grand division of the su preme court. The committee Is Fuller , Lino- gar and Baker. The motion to reprint of the adjutant gon- oral's reports 0 , ( CO copioi , not to exceed incest cost § 10,000 , was adopted. The vote was 113 to 3 , Linegar gava notipe of recon sideration. Mahoney's resolution oak- ing for investigation of the park boards of Chicago were taken up. Taylor ol Cook moved to lay It on the table , a vote taken re sulting G2 ajes , cays 7- , the republicans voting ing aye. Crafts moved the previous question and the rppublieins broke the quorum. In the joint convention 108 members were present. Neither party voted. Adjourned. It Is unsafe any longtr to predict what the Illinois legislature Is g < .lng to do Last night every person expected a vote , but that was thwarted by the fact that Taylor of Adams , was at homo sick. When this fact wa > learned this morning the democrats were very much disappointed , because they really intended to do something , It la not known when T ylor will be horn , and of course nothing can bo dona until ho does return. It is understood hero to-night that the re. tarns from the Thirty-fourth district will bo hero either to night or early enough in the morning to allow a canvass and the governor to issue a certificate of election to Weaver be fore the joint session. Should this bo the case something may bo looked for. A special train carrying a number of legis lators Jeft here to-night for Quincy , for the purpose of bringing KnpresenUtlve Taylor , of Adams , here to-morrow. The object appir ently ia not so much to secure a vote for sen ator as to try and keep Weaver out. I Tlio Day on llio Turf , LEXINGTON , ICy. , May 13. This was the I last day of the Kentucky aisociatlon season. v-l First race One mile and one-quarter , all ageBj Kilmeny won ; Ed Unite , second ; Grey hound , third. T/mo / , 2lli. : Second race Three-quarters of a mile , two- . I vear-oldi ; Katrina won ; Winona , second ' . M y Lady , third. Time , 1:18 : Thlid race Ono mile , for maidens of all I ages ; Test came in first , but was not back for 1 accidental riding , giving the race to Gold Do mlar ; Glendon , second ; Little Fellow , third Time , 1:131. : Fourth race One mile and one-eight ! I Lady Wayward won , Bonanza , eecont Springer , third. Time , 1--5IJJ. MKUI-HIS , Tenn. , May 13 , To-day's evenl M * I were : . , I First race Class 2:25 : , pacing ; Buck Did I erton won ; Joe Bowers seconc ; Mra , Mouse third. Time , 2:31. : CM Second race Glais 2:35 : , trotting ; Magg Knox won ; Pilnca Oiloll , tecond , Tilllu. third Time , 2:314. : ar-l I'uiLAnm'UiA , Pa. , Mayl3-Urst rrso IClasti'JKtl was won in utralghu by 111 incl .Time , 2:331 : , 2:3/J , 2:33. : Honesty , in t OI 2:30iacd lor pareru , won in straights. Tin tely2:23 | { . 2:231 : , 2:20 : . inanl WASIIINUIOK. May 13. Virst race 0 . I mile , three-jear-oldsandupwardr. ; Aginrpi ( won : Clttaue , second ; Murmur. , third. Tin &Hv,48l. Second race One mile , all ge ; C _ , . . . . , . . _ . . .n. Valley Forgo , cecond ; Buroh , third , Time , 1:15. : Third race Six furlongs , all nget' Gentry won : Lena , second ; Vibrator , third. Time , l.UOJ. Fourth race Ha'f milo , two-year-olds ; Bess won ; Fawn , second ; Blgsonnett , thltd. Time , 1:501. : Filth race Ono mile and one-sixteenth , three-year-olds aud upwards ; Solltairn won ; Fornli > af second ; Ollvatto , third , Tuu , 1:521. OHOF1US1 HHUIAIi CUtME. AN ITALIAN CONTOH3IONIST HEATS HIS L1TTLK DACalirtll TO DEATH. I'mi-ADSLl'lllA , Pa , May 13.At the In quest on the body of Lottio Cook Onofri to-day , n revolting story of her cruel death was told under oath. Her stop father , the Italian contortionist , C. Achilo Onofri , who is accused of killing her , waa present ns a prisoner 1 > nnd seemed overwhelmed by the predicament into which his brutal nature has brought him. The child WAS only niun years old. Her botly was covered with cuts and bruises. The coroner's phy sician testified that her veins were almost emp ty ; nnd that the child had literally been starved and beaten to doath. On Monday , It was shown , Onofri flogged little Lottie nearly all day , using a thick rope , n heavy ( trap , atd _ a shovel , the handle of the latter being broken on her head or her body. Her stop-father tied her hand and foot and compelled < her to kneel down for hours. At night she crawled upstairs tubed and moaned and complained of her back. Onofri beat her ' ngalu with a shovel , After lying quiet a while the dying child began to moan , when the step-father in ( treat rno fell upon her , sm 'thored ' her head under a pillow nnd eat upon it , When released the young victim , M her little flster Mnbsl said , lay very quiet , Onofri then struck her in thn face with his fint and although she did not stir ho struck her again with n shovel. Then bocoiniug alarmed at tbo Increasing pallor on her little face the stepfather sent for n doctor. When the physician arrived the child was In Onofri'fl arms doad. The case was continued In order that the testimony of other children may bo taken. New Olllccrs C plr I Notes. WASHINGTON , May 13. The president ap pointed the following postmasters to-day : Harvey T. Slively , Ilnwlins , Wyo.j George W. Wyans , Ocean Grove , N. J. ; Henry Kiugsloy . , Hchohnrie , N. Y. ; Daniel Liddoll , Godsden , Ala. ; Jacob J. Van Riper , Ruther- fofd , N , J. ; Charles Hittcnhouso , Hackotts- town , N. J. George V. N. Lothrop , recently appointed minister to Russia , was qualified at tbo state department to-day. The president to-day appointed Col , John M , Wilson , of the corps of engineers , to bo commissioner of public building * and grounds for the District of Columbia , \ViIeon relieves Col. ( A. F. Rockwell. The appointment takes effect Juno 1st , C. L. William ? , who was yesterday ap pointed marshal for the Southern district ol Iowa , Is a brother-in-law of Henry Clews , a banker of New York , nnd a nephew of W. A. Williams , of Worcester , Mas ? . He has been a citizen of Iowa for twenty-five years , and is at present n resident of ICeokuk. Ho is a young man and is said to poseens excellonf t business qualities. In politics bo has always been 1 a democrat , and was strongly endorsee for j the position but was not the choice of the congressional ( delegation , Among those who urged i bis appointment was Ex-Secrctarj Gonrgo I W. McCrary. Representatives Weaver nnd Frederick , o Iowa , called upon the president to-day am filed I a protest ugaitst the appointment o Christopher i L. Williams to be Unitec States marshal for the southern dl trict of Iowa , n the ground that ho was unknown \ to and not endorsed by the ropro- ( i entative democrats of this state. Mr. Camp bell 1 , chairman of the democratic state centra committee of Iowa , was , they say , the choice of the democrats of Iowa. Willinma recolvcc hia 1 commission to-day , General Grant's Condition. NEW YOIIK , May 13 , A hypodermic in jection of five drops of morphia was adminis tered to Gon. Grant last night. This qnan tity of the opiate generally neutralizes th pain in the throat BO that thn patient ia nbl to sleep. This , however , waa not the can last night. He talked too much yesterday with visitors and the air when ho took a driv at noon yesterday was chilly , The rosul was that hia throat had swollen and the pain became BO interns that the oplato had n effect. The general did not sleep until thre thia morning. From that time ho slept unti 8 with occasional wakings. At 1) Im aioused and droaeed. Tha increased swelling in th throat la noticablo and ho is not locling t well as yesterdry. Illinois Sunday School Workers. ALTON , 111. , May 13.-W. B. Jacob * , o Chicago , presented to the state aunda Echool convention this morning hia report , a Btatlstical secretary. Thirty eight countie reported an Increased membership of euuda schools nnd twenty-four a decreased attorn anco. The report of the treasurer showed deficit of § 387. The executive committee . . ported , urginpr the importance of normal an teachers' classes and systematic mifsiouar collections. Ollicjrs for the twenty district composing the state association were elected at the evening session. JlcConnlck'fl Guess on "Winter Wheat. CHICAGO , III. , May 13. Tlio McConnick Reaper company has received ana we H from ICO of Its 1,400 correspondents In the winter wheat states , It estimates , if the rates thus far are maintained , that the reports will show a fallimr elf of 10 per cent In the condition of winter wheat as compared with the estimate for April , which put the crop at 05 per cent of tbo full yield , with a decrease of 20 per cent in the acreage sown. Tlio Weather. WASHINGTON , May 13. - The uprwr Miss issippi : Fair weather , variable winds shifting to southerly , stationary temperature , ThoMissouri valley : Local rains and partly cloudy weather , preceded in the northern portion by fair weathnr , southerly windH nd slightly warmer ; stationary temperature It the southern portion. Tlio Ecu Clnlro Strikii KndB , KAU CLAIIIK , WIs. , May 13. Tbe atriko i practically over. An attempt was made thl morning to prevent the mills from resumlnp - but after a few arrests tha efforts to interfer with the mill employes was abandoned. It ; not expected thure will ba any further troubh A New St. LOiiU-8t. I'oul Iilno. ] - CHICAGO , 111. , May 13. At ft meeting , the general passenger agents of the St. Pan Iowa Central and Wabash roada , n new Hi ; ; was fcrmod between St. Paul and St. Loul ; the time to bo twenty hours , It goes in . e'liecA June 1. aui or uaiiKi" > y n Ciivliif ; Collier , ABHLAKH , Pa , May 13-Tbo east ma moth gangway of the Noith AshUml collie \ civedln thin morning , covering four nf . Jainoa Kunis , Charles D URherty , M rl , McKerns ami Michael Head , The latUr t been recovered , but now dying. , the Tlio Ijt'itiunt Stillcois , , CHICAGO , May I'.l.-Journal's Jt-unont I One special * ay : All striking quanynxn at 1 ourt mo t went to work this moruinA .and trou iuie , Is now believed to be ended. Ort'y two ot pabiea if troops remain on the eoiiie and t ! Col. will probably return home , tg- BADLY CORED. ! Boll1 ; Attacfc 111 ? . Markuls aoil Force Up Prices , Wheat Baises on Bad Eoports , and Corn Sympathizes , Cntllo Gommiuid < x Brisk Advance Exceptionally llcnvy Ho. cclptH Force Down HOK * . TH13 ItVY WITH TH\1 > EIIP. WHEAT. Special Telegram to The BIK. : CuiCAao , 111. , May 13. The wheat market was very lint in early trading , prices dropping oil i@Ro from the closing figures of last night. There had been A heavy short tolling during the two preceding days , and the bears were allowed to bo in complete possession of the field , duo in the main to the advent of warmer weather. Then there came in some gloomy crop forecast" , the reported presence of grass hoppers In Texas , and a good homo and ex port Inquiry for epring wheat , all of which occasioned on instant revulsion in the temper of the market , prices advancing sharply Igo from the bottom , with the bears showing n frantic desire to cover their short sales , Trad ing to the close in the afternoon was active , and the feeling wns quite firm at the finish at early the best prices of to-day. The receipts and shipments were free , con.v. There waa only a moderate speculative business in corn , but the market ruled steady , responding to the advance In wheat , and closed Jo higher than yesterday. The re ceipts are only moderate. OAT8. There was a peed ( hipping demand for oats , and the market rilled steady and BOIIIO- what firm , rnovisiONU. In provisions trading waa very light , with the fooling a shade easier , CATTLK. The receipts were again moderate , yet for the week so far the number shows an increase of about 5,003 head , as compared with thu same time last week. There waa an active demand from lirtt to last , with a sharp up turn of 10ir > o on big heavy steers and the ordinary run of ship ) lug steers. In n general way the market is only about G@10c lower than the highest for the last week. Hardy little cattle are making extremely high prices. Steers under 1,000 pound averages are making ! ? 1.SO@5.10 and therrabouts. Choice feeders are celling at $5.(0@5.25. ( Butchers' and canning stuck are in nclivo de mand and selling as high as at any timo. Dis tillery uteorH are quotable at § 5.25@5 30. The best fat corn-fed cows and heifers are making $100(3459 ( aud low grades S3 00i3.60. Veal calve * nro plentiful. A notable ra'o waa that made late yesterday of 121 head averaging 118 pounds ntS4. Stackers and feeders are rather alow. The Converse cattle company had fovon or eight loads of Wyoming corn fed rangers on the market. They averaged about 1 100 , and sold for S560. Sales 1 150 to 1,200 pounds , $1 7B@5 15 ; 1,200 , to 1,2)0 pounds , § 5 10 © 5 CO ; 1,350 to 1,000 pounds , Sl.40@5.CO ; . butchers'common , S2.COra3.DO. good , S3 50 ® 140 ; stockoriS3 75@ 45 ; feeders , SI.OO © 6.00 ; Texans , $3.75@4 80. HOGS , The increase in receipts was rather a sur prise to all concern d and there was a spon taneous decline of a strong figlOc on all aorta except fancy assorted light and gilt-edged Binding pigB. The bulk of the light sold at § 485@ .50 , a few fancy singling pigs Belling up to SI CO. At tbo decline trade was brisk , packers , speculators and shippers buying freely. Packing and ( hipping , 550 to 350- pounds , $4. 0@4.15 ; light , HO to 310 pounds , SI 25Q4.00. Krcolvcr for n Wabash Branch , SPRINGFIELD , 111 , May 13 , In the United States court hero to-day an order was issued a pointing Anthony J. Thomas , of Now York , receiver of the Champaign , Havana & . Western railway , commonly known as the Havana branch of the Wabash , St. Louis & Pad tic. The order compels the Wabaeh road to turn overall thopropoity of the Havana branch and sever it from the management of the Wabaeh proper The rrc'iver ia called upon to fuiuish a bond of $25,000 , YounK Blcn'H Christian Association. ATLANTA , Ga. , May 13. The twenty- sixth annual convention of the Young Men's Christian association of the United States and Canada mot in thn baptist church here thlnmornirig About400 delegates are inat- toudanca. Ton International secretaries , , most of the state Hocietloa and nearly all of the general societies ore present. Fatal Holler Hvplo&lon , OKA HON , N , Y.Mayl3.-3y the explo sion c f the boiler at the Dunkirk steve coin , pany'e works yesterday George James andi Theodorn Bantz were k lied , aud Gcorgo-and Robert ( Jtsobudly wounded. The llollor Skntern. NKWYoiiK , May 14 , At 1 o'clook a. rr. the core in the roller skating contest was : S"owden , GSO mlloe ; Harrirnan , 4aft.i3yat ; } , 073j Omello , 131 ; Maddocks. ( i(10 ( ; dchock , C 0 ; Vraucls , fitI. ! Social KvontH. A private May patty U to bo Riven ak Masonic lull on Friday evening , May 32. Harry Hunt , Ohoi Tea A. Taylor , Uraak \\D3ecrman , John A , Booth , Gcorgo J. Htornsdorfr and Tliomaa Dngdalo have the affair In charge. The Omaha LIflht guards will ho"at ] homo" In I heir now armcry , noibhoaat cnrm r Fifteenth nnd Dodge atreota , next Tuesday evening , from 9-to 12 o'clock. The company has sent ontner.t invita tions for the aveut , and n ruotty tlnio ia ia cxpecUd his Tlie foujtoenth of the le liQi music- , claea , for Ibis seanon , was hcJcw yetterday 'ere afternoon , at which Umo thu following is i | interesting programrao W B roauorod : a ] ( Jranl Ktude do Concert Ch. Maer b ' ) VaUa Caprice , op , Ul Halt MUa HothschVW , got Romoase ( from L'Er-lalr ) Halovy i Mrs. J.Stewart While , , "Kvsatide , " . . . Abi line Mi a Barbara aod Anna Morkol. , oftheHea Will T. Tabr into Mr. 11. U. Hstabrook , "MargueiJto , " . Dsnza "Jin paaiunt BOUS la fenetre , " . .Olfutbacli MUs Miriam Chaiu , mm. ) liarcarcJlo ( A flat ) Janeen b ) Minuet , fur left hand alone. . Kheiaborgcr l\Mf Mr.Tnber. . Ardltl icln Mrs. White , hut "Col. S. W. Jlowney , a very /tion.inent clti- | ? .u . of Larnmie , Wyo. , is In the city. Mr. Ill , 1 Downt'y was forir.erly dcli ute in congress La- from that territory , and Is , the m n who once juulo publishoil a speech In te ! oongrcwlonal record ° m ' that was gotten up 'jpowl > iit oa the style o |