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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Oct. 29, 1887)
, . ? * " f ILY SEVENTEENTH YEAE. O3IAHA , SATURDAY MORNING , OCTOBER 29 , 1887. NUMBER BEN BUTLER'S ' BUNCOMBE , Hia Ingenious Argument in the An archist Case. PRIVILEGES OF FOREIGNERS. Tlic liofltnn Ijnwycr Itoldn Tlmt In Sonic Cnscn They Arc Superior to Those of Americans Grin- licit For the State. Mndc tlic JtidgCH Smile. WASHINGTON , Oct. 23. [ Special Telegram lo the HEE. ] The proceedings In the an archists' hearing to-dny were ICHS Interesting than yesterday. Everybody knew the points rolled on by the anarchists' counsel and the arguments made on them , mid it was appar ent from Hutlcr's brief in the case that ho had only one new point to make , which was mentioned in my dispatch of last night. States Attorney Grlnnell from Chicago made the first argument to-day and addressed himself mainly to the constitutionality of the Illinois jury law. Ho made quite an impression as an able and logical advocate , and the court paid him un usual attention. Duller -finished the argu ment In a speech of an hour and three quar ters. To say that ho made an argument is perhaps doing his s ) > ccch too much honor. He l > eke rambllngly , like a man who cither baa no definite ideas or whoso ideas arc sadly mixed. Ho sought to strengthen Tucker's arguments as to the jurisdiction of the court , and then actually claimed that aliens in this country must bo tried under the laws in force here at the time when the treaty of amity between this imi their respective native countries went intc effect. These treaties only stipulate thai foreigners shall have the same privilege ! and immunities when tried under the laws 01 the United States , but Uutlcr'sposition , uetu ally , was that Spies should have been tried according to the lav in force a hundred years ngo The court did not follow Hutlcr'h speech will attention. The judges smiled occasionally when the old gentleman became a little witty but they generally occupied themselves will looking over briefs and other papers. The lawyers present seemed to bo amused at hi ; line of speech and one of them salt afterwards that his argument was nothing more 'than ingeniously absurd. The lawyers of the anarchists shov a want of confidence in their success. Cap tain Hlack and Mr. Solomon went about in : disheartened sort of way and after the hear ing was closed General Pryor stood in tin corridor , leaning against a pillar , moodll ; smoking ami chewing a cigar , while Tuckc was standing by them with his eyes cast 01 the floor and seemingly lust in thought. Onl : Uutlcr was as usual , pulling , blowing am chewing uway us though ho had some par ticulurly tough cud to dispose of. The opln ion generally prevails that the court will den ; the petition. The Arguments in Detail. [ Press. ] When the supreme court openci nt noon , Attorney General Hunt statci that ho had practically finished his 111 Kumcnt when the court adjourned yesterdu , and would not resume to-daybut would giv way to Grlnnell. Gnnnell spoke forty-fiv minutes , paying particular attention to th composition of the jury. After roviewin briefly the ground covered by the argumen of Attorney General Hunt yesterday , Grin iicll said that so far as the composition of th jury was concerned there was only one ma in it to whom any objection wa raised by the defense and thu was the man Sanford , wh was the last juror selected. The attempt ha been made , he said , to show that anothc juror named Dcnkor had also been objectc to but in reply to that it was only necessar to say that at the time Juror Denkcr was ai copied the defense had the right to 142 pn cmptory challenges. If they had objected t him very strongly they might liavo used on of the prcemptory challenges to exclude bin After reviewing at some length the cast of the jurors , Sanford and Donkcr , Grinue said that every man on the jury was dul qualified under the common law. It was I no sense a class jury. Three of the jurymc wore men who labored with their own hands ono of them was a man of foreign birth , an there was not a capitalist among them , With regard to "unreasonable search an seizure , " Mr. Grinnell said ho did not dcsii and this was not the place to apologize ft anything ho had done in this case. II believed , however , that it had always bee regarded as proper to deprive a criminal t the instrument of his crime and to use sue instruments as evidence against him. It ha been done when the pistol was taken by fort from the assassin Guitcau , and , if ho romcn bored rightly , Guitean's papers had also bee nelied. Ho recited the history of the bom throwing inChicagoand enumerated article : Mii-h as bombs , dynamite , etc. , which IK longed to Spies , Lingg and others of the ai archlsts which had been taken , not froi tholr private houses , but from the ArboiU y.cltung ofllro , the headquarters of the ai archist party. Ho maintained tin the question was not. how did these art cles get before the court , but wh ; did they prove , and again referred to tl case of l\er vs the people of Illinois , cited I the attorney general of the state yesterda , After speaking about forty minutes , Oil : nell closed and General Hutler arose and o Joeted to the latter part of GrlnnoH's urg inent on the ground that it wont outside i the printed record and brought in cxtnmeoi matter to which no reference had befoi been made. Ho observed that this cxtraneoi matter must bo popular with the court or i introduction would not bo permltte Ho and his associates had been taken by su prise and be must ask moro time in ordov pp into the case fully and show that the Cue stated by Mr. GrinueU were not in tl record. If he should bo wrong , ho hoped 1 would bo corrected by men who did not a vocato and defend man-stealing and proper ! stealing. After describing .what happened provio to the Htiynmrket mooting , ho Mild : " . that meeting a bomb was thrown by son body for some purpose , and there Is not o word in these 8,1)00 ) pages of evidunro to she that any ono of those men hud anything to i with the throwing of that bomb. Us i plosion killed a single policeman and wlthh few days all thcso int'n were arrested v/it out warrants , committed to jail and lit without examination and without procc until they were indicted by a grand jurj Ho said ho was ready to pledge himself tli there was not u single man of t Jury selected who had not said that Im hat linn and some of them an enthusiastic cc viotion , opinion and prejudice against the t fendants. After u greit deal of rambll talk about the composition of the Jury , d satisfaction with the record , lade of tii'no 1 preparation , sentencing of the prisoners thuir ubseivo and that of their counsel , t Injustice done them by unreasonable ) sear and sei/uic. etc. , General Hutlcr said that all these things co-.dd bo done , the questl to bivdebaled wes whether this govenuuc would not bo better if it were overturn luto'amux'hy than If it were to bo can-led on this'fashion. "I have no four : " ho said , ' being misunderstood upon this .question , huvo.thoiiulvidimlity of being the only n , In the United States that condemned u ivtccuted men for undertaking to ovcrtv the law. There were tho'us'jmds them , and for that ' ttct.pies your honors , ' aprice , was set uj my head as though I were si-wolf , and $ ; , ; wus offered ' to any man that could capture and murdc'r mo by JctTeison D.ivis > UI 'lit * sot'iutes , and who , K they were bore at yi ' bar trying to ascertain whether they hoi , . luve au honojt unu fulr trial for lU'-ir tr crimes , and they called upon me , If their lives Were In danger I should hold It to bo my duty to do all I might to defend them. " After some further talk General Hutler said ho agreed fully that the first ten amendments of the constitution were limitations of federal power and not restrictions of the rights of states. "Privileges and immunities , " however , claimed by the prisoners were privileges In herent in each ono of the citizens of the sev eral states of the union , because In a vast majority wo were Hritlsh subjects and had certain privileges and Immunities inherited under common law and the inagnu eharta. Wo claim that all rights , privileges and Immunities that be longed to a Hritlsh subject under the mugna churtn belonged to each citizen of the United States. The words "Due process of law" mean "Hy the law of the land , " and not the law of the county , n province , or a state , but the law of the country the whole country. Any other meaning given to "duo process of law , " as used in the fourteenth amendment , would make It simply ridiculous and frivo lous , because any state may enact a "duo process of law" according to that state , by which a man's life may bo taken , and from which not a single right or immunity of citizenship can protect him. General Hutler then proceeded to consideration of the special and peculiar questions raised by the eases of Fieldcn and Spies , who lire foreigners. He contended that treaties wcro the supreme law of the land and that thcso prisoners were en titled by virtue of the treaties with Germany and Great Hrltain to all the rights and priv ileges of American citi/ens nt the time such treaties were made. A state had no power te try these men by ono of its own laws whicli was not the law of the land at the time the treaties were ratified. He did not mean that u foreigner could come into a state and brcnli its laws with Impunity and that the state could only try him in accordance will : the law of the land the whole land nt the time the treaty with bis gov ernmcnt was made. This was an Important question to every American citizen because in return for the concession made by this government in the treaty with Great Hritaii the povcrnment of that country had made similar concessions to us. Suppose a citizei of the United States should go to Ireland make remarks about a republican form 01 government , bo arrested and tried by the crimes net in violation of the treaty. Would we not stand up and say this man must bt tried by a fair and impartial jury ! If this should happen General Hutler hoped th ( English authorities would not bo able to hold up to his guzo the decisioi of the United States supreme cour sustaining the right to try an Englishman bi the local law of a state which was nothiiii but a swamp and a howling wilderness at tin time the treaty was ratified. After semi desultory remarks about the record , refer enccs to breaking open the safe and dcski and charges of prejudice against the jury General Uutlcr said that thu defense wa : compelled to accept the last juror , Sanford Their peremptory challenges were cxhaustci and they could do nothing olso. Under th' ' circumstances they talked to him and coaxei him and tried to get him into a state of mini as favorable to their side as they coultl Referring to the assertion of counsel sol on the other side that th petitioners had waived some of their right through not insisting upon them by exceptioi or objection at the proper time , and that therefore , they wore stopped from usscrtini these rights now , Hutler contended tha when a man wus on trial for his lifo thcr was no such thing \vuiverorestoppal. . General oral 13ntler returned again to "unreasonabl searches and seizures. " "Why , your honors , ho exclaimed , "they searched under a burp hiry headed by the stale's attorney ou hi own admission no miserable policeman o half-witted constable , ' but. the state's prose cuting attorney does'tho burglary , steals th papers and says you can't help that. Ho put it with a sort of triumph and yet wo are tel that our immunities and privileges arc nc invaded and our remedy It to sue for Ires pass. What a beautiful remedy. Sue th state's attorney and bo tried by such a jur as the law of Illinois would give. Hotter b in a place not to bo mimed for comfort. General Hutler again urged that th prisoners had been sentenced to deal m their absence and in conch sion said : "If men's lives can b taken in this way , as you have seen exhibite here to-day , wo had better have anarchy an better bo without law than with auy sue law. " General Hutler thanked the court fc its indulgence and tool : his seat. The chief just too called the next case o the docket and the hearing of the motion c the anarchists for a writ of rrror was over. It seems to be the general impression amen those who have paid the closest attention t the proceedings that the counsel for the stat had altogether the best of the argument , an that the writ of error will not bo granted. r.uoliainin's Opinion. CHICAGO , Oct. 2S. [ Siicciul Telegram t thoHni : . ] "What do you think of the poll made by Hutler yesterday that Si > ies an Fielden , as aliens , have privileges guurai teed by treaty 1" "l.think it's a poor point , " said ,1. II. Hi chanan , of the Labor Enquirer , to whom tl question was addressed , as the man mo : prominent in the effort to obtain amnesty ft the anarchists , "I think it is a bud point. 1 the first place it is not so , Mrs. Spies tcl me. August Spies is a naturalized citizen , i she tolls mo , and I think Ficldcn is , too , b' ' that doesn't ' cut any figure. Whether tin are voters or not is of very little consequent now. They have made up their minds hung thcso men , r.r.d I guess they're going do it. " "Tho point lias been made that unless tl condemned men sign the petition the govt nor cannot take any cognizance of it. " "That's all bosh. Why can't he ? The la provides that executive clemency may 1 granted under certain conditions , and win these conditions are simmered down thi mean that executive clemency must bo ask for. The prisoners may sign the petitii either for themselves or by attorney. We if I hustle around for them , ain't I actli as their attorney ? I don't uudcr&tui i that all of them have refused to si | i the petitions. I think there are on two of them who wont , but if the others i and a general amnesty Is granted , do y mean to tell mo that it wont apply to thci , Sut-h restrictions can only work to abvid ; i the right of petition whirh is granted 3 every citizen of the country. Take th 3 away and wherein does the government d fer from the worst form of despotism ov devised } " .lust before this interview took place Ml Van /limit was talking to Mr. Huchami and she said in tlio hearing of the reports "It scorns to mo that the ruling of the f u promo court , whicli is that it doesn't ma t any difference how the evidence was t tallied so long as it proves the man gull is an entire novelty in law. The article to-day's Tribune which says that a bomb w found in August's desk , is just as mean as .1 can bo. The editor who wrote it knows ji s us well as anybody that they only found kc and some letters there. Oh , its just nwf t They're riveting more fetters on the people o this country every day. I'm sure I doi a , know what is going to become of us all. " Over at the jail the sightseers exhibit more than usual impertinence and vulgar ! : Three or four woir.cn came in ami hu around when- Parsons was talking with 1 wife and did their very best to overlie what was said. Then they listen awhile where Nina Van Znmlt was talking Spies. Spies' slster-ln-law tallied w Schwab awhile , and they tried to eavesdt on their conversation. Miss Van Xai turned .u-ounu and gave them nlcok froezi cnough.to put out n bl.ist furnace , but it. t pot effect them lii the least. "When Is they going to hang Ym ! " saldo of tha wouim. right out louO ; with cr.lm difference. , "Why , November 111" replied another. ' "Oh , my , tain't but a. Uttlo while. Lc se'o to.day's the iSth , " said the first , count ! on her lingers ; ; 'thlrty days-hath Septcmb 'April , Juuo and November , only Uirco dt more hi. thU Month and then olcv 'O.ays.-wliy , it'llIjo just two wee fium : , ' to-day. ' I'd - kinder' ,1. ' . IP KCO 'em hun ( , 1 Know It'll bo just awful , I tl 'I'd ' ilko to doc it , just jo klndiU'brag wbout it j yon kuo\v.uud thus they vhauei'cd on , utterly regardless of the fcellncs of the men on the other side of the painted wire netting as If they had been so many pigs to bo slaughtered when it came to bo hog killing time. The male curiosity seekers wcro Just as offensive. They stood around nnd gaped at the relations of the anarchists much as they would at a fat woman Inn dime museum. Parsons was asked about the 1x > int that tno governor could not consider the pardon unless the names of the condemned were signed to it. Ho said : "I haven't heard of It before , and I am not very much Interested in it. " Mrs. Parsons said to him , "You'd ' better take your exercise now. " and ho obediently turned away , while she took her wicker basket , nnd with a sigh , turned and left the cage. The sheriff visits the jail every day now. but be preserves a sturdy silcneo about all ireparatlons for the execution. "Havo you evolved any Intimation that Governor Oglesby will grant the condemned men n -espite In case the supreme court denies the ) ctition for a writ of error ? " ho was asked. 'Not a syllable ; don't know whether ho will > r no ; no particular reason for It , as I sec , " ho sheriff replied. T1IK TEliKGUAIMI COMBINE. The Country Again ut the Mercy ol the Monopoly. NEW YOUK , Oct. 'JS. [ Special Telegram tc .ho Hr.i : . ] The Tribune says : The most lin- iwrtant step toward complete settlement ol ho telegraph war , probably second only tc ho purchase of the Baltimore & Ohio sys- em by the Western Union company , was : akcn yesterday. An agreement was made between the Mutual Union , the fighting con ingcnt of the Western Union company , and ho Postal Telegraph company , which now represents the only opposition. It is proba b'le that this agreement merely foreshadows n perfect coalition , but the principal ofllcen of both companies Insisted that it covcret only an advance in unprofitable rates. It wni stated with much positivcness that no pur chose , of the opposition lines was ever con templated , and nt the office of the Postu Telegraph company it was said that the tar ft , in accordance with the agreement , had no ivus that this acquisition'of the HaltimoroiS Ohio lines by the Western Uuion was not an been made and common opinion in Wallstrcc nounced until terms with the Mackay com panics had been arranged , and that the pros cut agreement was the natural consequence It was anticipated that an advance in cabli rates would bo made immediately , nnd ii fact the control of the opposition telegrapl and cable lines wus in the hands of tin Western Union company. It is tolerabl ; certain that some sort of nn agreement exists ists between Gould and Mackay and the pro posed advance in rotes by the Mutual Unioi and Postal companies is generally ucceptci as sufficient proof. Gould said in reply to ni inquiry whether the agreement meant ah sprption of the Mackay land and occai lines : "I guess not. As I understand thi situation , the Mutual Union nnd Postal com panics have agreed to advunei rates to something near our tariff They have been fighting each other , but tin Western Union is not greatly interested , have not heard of any advance in cubl rates. " Vice President Hosenor , of the Pos tal company , said : "Tho purchase of th Muekey lines by the Western Union is ou of the question. I do not think there is an. intentlou.of thatkind on cither side , and it i understood that the advance in rates on th Postal lines will curry with it abolition of re bates , and that all ejompetitive 10 and 1 cent rates will bo given up , and the no\ schedule will agree very nearly with Wes1 ern Union. " The olllcials of the Postal Telegraph coir pany have formally announced that as u r ( suit of the conference yesterday the rates c the Postal company will be advanced to th Western Union standard on all message under 25 cents and where the standard i higher than that llguro the competing con panics will make a slightly lower rate. Tli advance will take effect on the 1st of Ni vcmbev. ChASH OF AUTIIOU1TY. A California Sheritt' TryiiiR to Cnptiu United States Troops. SAN FiiAXCibco , Oct. 23. United StaU District Attorney Carey has received a tel gram from the sheriff of Mendocino count informing him ho was gathering a posse 1 capture Captain Shaw , whom General llo\ aril had sent in command of United Stati troops to eject sheep herders and others fro the Hound Valley Indian reservation in th state. The telegram also states that tl state court has issued a writ of injunction o dcring Captain Shaw to desist from I'cmo ing trespassers from the reservation. Di triot Attorney Carey advised General llo\ ard to order Captain Shaw to surrender the sheriff , which General Howard dcclim to do without orders from the president i secretary of war , whereupon Carey sent dispatch to the attorney general nt Washin ton. in whicli ho reviewed the above fac and Mutes : "If the sheriff persists and Go erul Howard continues to refuse followii my advice it will probably result in bleu shod. " The China-American Hank. Niw : YOUK , Oct. 2S. [ Special Telegram the BEK. ] That part of the report tel graphed from San Francifco on Wcdncsdi regarding the now China-American bai which referred to Vunderbilt as the nc president of the bank , was treated with i credulity yesterday at the general offices the New York Central & Hudson Klv railroad company. Cornelius Vnnderbi who was supposed to bo the Vundcrbilt i ludcd to , was not in the city and will not i turn until next week. President I pow , after carefully reading the San Fra cisco dispatch , said that Vanderbilt had n told him that ho had assumed any such rel tions to the China-American bank. "My I liof is , " said Dopow , "that Vanderbilt do not intend to bo president of this Chine bank. He is not the man to permit the u of his tinma in an enterprise which ho won not back financially , and become thorough responsible for. Vanderbilt is much too bit now with the affairs ho hus oil his hands enter this new field. " IteceJvci * For the Chesapi-alco & Ohi CIIAHLE&TON , W. Va. , Oct. 2S. Yesterd the Chesapeake & Ohio railway company cc fessed judgment in the clerk's office of I circuit court of this county in favor of C. Huntington for $ l,7T2 , 7l > with interest a costs. At the special term of the circuit coi to-day Huntington filed a bill in chance against the Chesapeake & Ohio railway co puny and others , setting up n lien of his jut ing and of his Judgment nnd alleging defui of full payment and of interest on bonds , a claiming that the Chesapeake & Ohio railw company is insolvent and praying for the t pointmeiit of a receiver. The court appoint William C. Wickham receiver. Wiekham now second vice president and act.ng mui ger of the Newport News & Mississippi V ley company. A Great Case Settled. Ci.r.vri.AND , Oct. 28. The great $20,000 , ( case against the New York , Pennsylvania Ohio railroad company was ended in t common pleas court to-day by payment of t small amount of costs remaining. The s was brought in 1S81 by James MoIIcnry n J. C. Conyiieare for themselves and othe holders of certificates issued in exchange 1 bonds and shares of the Atlantic ft On Western railroad company againt Charles Lewis , J. Hutes and others and the N < York' , Pennsylvania & Ohio railroad co pany. Hoyal Arch Masons. CHICAGO , . Oct.-23.1 Tbo grand chapter Royal ArcliMasons' of Illinois 'hold Uio fli boss'ioif of tliolrlhirty-cigh.t'h annual inceli la-day , ' pJiHaiiilci1 . Hu'reluy , of Cairo , a 'Sylvester O. Spring of Peoria/wero elect grand high priest 'aiid deputy t'ruiid hi priest , respectively. ' . . . . . . . SIMMS SNUBBED W SPARKS , The Courtly Southerner Falls to Carry a Point. AN APPEAL TO T.HE PRESIDENT. Andrew Carnegie Tnlkn About Mr. lilnlne.'H Presidential Prospects Military Matters Federal Much Atlo About Nothing. WASHIXOTON , Oet. 2S.t-Spoclal [ Telegram to the UEI : . ] There is * a decidedly mixed state of things in the ( general land office , which promises to result ] in the loss of ono official nt least. General Stmms of Virginia , is the chief of the division of fraudulent land claims. Simms is n coujtly gentleman , very punctilious In all mattcrs.of decorum and oil quctte , not a personal frjc'nd ofC.ommlssloner Sparks , but , on the contrary , ho does not got along very well with that gentleman. Sparks' especial pet has been a man named George , who made n sensation n few years ngo by accusing. Congressman [ jEllls , of Louisiana , of all sorts of unplcaimt things. George has been employed ns a kpccial agent of the land ofllco for some timjj and has been under the direction of General Simms. This gentle man never liked George and has been fet some time trying to get him discharged , Sparks opposed , but at last Simms succeeded , Hecently George was sent by Sparks to Simms for n statement of his account. He carried n note from Sparks , in' ' which that official asked the chief of the frauds division to treat Mr. George courteously. This was very dis. pleasing to Sims , who remarked that ho ditl not think that it wus necessary to instruct bin : how to treat a gentleman ns n gentleman should treat another. This remark was car ried to the cars of Sparks by a man numcc Young , who is the assistant chief in Simms' division. Simms hcurdof it mid demanded tht removal of Young. Sparks declined to remove move Young , but intimated thuthewouli accept the resignation of Simms if the latter chose to tender it. This Simms declined to do Instead ho went to the secretary and askct that Young bo "fired. " Secretary Lamar ai once instructed Sparks to discharge Young Sparks said that ho would do nothing of the kind but that ho would carry the matter te the president. Yesterday the attention ol the president was called to the controversj and all parties arc anxiously awaiting the re suit. If the president sustains Sparks , Simm ; will have to resign. If , on the other hand Simms is sustained the commissioner of the land ofllco will probably swallow the insul and retain his ofllco. Ho is not likely to let : little thing like that induce him to leave u fa place. on .Bhilnc. WASHINGTON , Oct. 28. [ Special Tclegrun to the Hr.i : . ] Andrew Carnegie is at tin Arlington hotel , where ho was called upoi last evening by a former classmate of Mr Hlainc's. This gentleman to-day repeated ti your correspondent what Mr. Carnegie hai said about the Maine statesman. Ho deniei the stories about Mr. Hlaiuc's health haviii ] given way. "Tho fact is , " said he , "Mr. Hluino neve enjoyed bettor health in his lifo. Oh , yes ho talked quite freely to mo about the politi cal outlook nnd said ho would accept th nomination if it was offer'ed. Ho is not no will nol bo active wii\ view to seeurin the nomination , but oxjn-osses the hope an belief that if ho is nominated ho will b elected. " ' In regard to the return of Mr. Hluino t the United States Mr. Carnegie told my ir formaut that no data had been settled upot but it was certain ho would not return bofov next May. Mr. Hlaine in one conversatio referred to the political status of New Yorl Ohio , Virginia and Maryland and said tlu they could undoubtedly bo carried byth republicans by a vigorous canvass. The Mr. Carnegie added on his own account th ; there was no doubt that Blaine was the con ing man ; that if nominated ho would Mircl be the next president. Military MattcrH. WASHINGTON , Oct. 28. [ Special Telegrai to the HIR. : ] Forty-five recruits have bee ordered to Fort Snelling , Minn. ; 200 to tl Twelfth infantry and 20 to the Twentieth ii funtry. A board of engineer officers consis ing of Colonel Thomas L. Casey , Coloni Henry L. Abbot and Major William H. Kin ; bus been ordered to meet in New York f ( the examination for promotion of First Liei tenant S. A.Hosslcr and Second Licutenan David Dubo Gulliard and Harry Tuylo Lieutenant Colonel .Tames Moore , tleput quartermaster general , has been relieve from the department of Dakota and ordert to take charge of the quartermaster's depi at St. Louis , relieving .Mnjor Charles Foste Who is ordered to Fort Leavcmvorth ; Muji James Gillis , on being relieved at Fort Lea en worth , to report to the quartermaster go oral for duty in this city. Captain Henry ( Hayncsworth , is transferred from Philade phia to UutTalo , relieving Ctiptuln Duni H. Floyd. Cuptuin Floyd will relieve Mnji Augustus < } . Hobinson at St. Paul , Min : Captain Curtis E. Munn , assistant surgco bus been relieved from duty at Fort Cunb Wyo. , and ordered to Fort Kialath , Or Second Lieutenant Thomas Uidgeway , Fif artillery , has been relieved from duty nt tl cathedral school at Garden City , L. I. , ni granted fourteen days leave. Extensions leave have been granted us follows : Capta Joseph Halo , Third infantry , three month First Lieutenant Oscar J. Hartley , Fir cavalry , ten days ; First Lieutenant Willi ton Fish , Fourth artillery , has resigned , h resignation to take effect December 31. Pensions Granted. WASHINGTON , Oct. 28. [ Special Telegra to the Hi : n. ] The following Nebraska pensio have been issued : Original : U. F. Grahai Clay Center ; Wellington Potter , Elm Crcc : Amos Miller , Ulysses ; S. C. Huckins , C ; vert. ' Iowa pensions : Mexican war : Sara widow of George Cox , Corydon ; J. H. Grime Husscll. Original : C. M. Norton , Marsha town ; William Gray , Glenwood ; Charles ] Stewart , A very ; N. H. Flack , Sao Cit Westley Harack , Walker ; Jacob Fraze Marion. Increased : Hiram Hockwoll , He ford. Keissued ? F. M. Perkins , Purkei burg. _ lililn For Approaches. WASHINGTON , Oct. 28 , [ Special Telegra to the Hr.E.J Hlds were opened to-day 1 the supervising architect of the treasury f the approach for the 'federal ' building Council Hlurfs. The bfdders were ; John Weaver , Council Hluffs , ft..nW ; John Ha mer , Council Hlufl's , 1,730 ; Dumcsnil Hro Louisville , fcVJOO. Postal WAMIINQTON , Out. 2 § . [ Special Tolcgrs to the HF.c.l The following Nebraska po masters wcro appointed to-day : Thomas Austin , Julian , Netmahn county , vice Thorn Tobin , superseded ; A'elson A. Wells , Lut ( Keyu Palm county , vice James Loverick , i signed ; Mary Cosgrovc , Mound , Howa county , vice Mr. Nettie E. Ncwull , reslgne The name of the postoflleo at Tyghi , Ivei county , is changed to Lisbon , and Edwa H. Kenny appointed postmaster , Jacob Wcrtz , superseded. Steamship Arrivals. NEW YOUK , Oet , 28. [ Special Telegram the HEK , ] Arrived Tho1 Hritannic , fr < Liverpool ; the Canada , from L'ondoti ; t Aller , from Uremeu ; ' the Wielund , fr < Hamburg , ' ' Qt'KKNTOwy , Oct. Arrivcdt-TJio W cousin , from New York. . . HAvnuiio , Oet ; 8 $ . Arrived-rTheTjIorav from New-York. ' . ' . . ' ' A DANUBE DKMOX. Vienna Astoundcel lly the Discovery of n Ferryman's Hloody Crimes. VIENNA , Oct. 28. It Is Just discovered that a ferryman , on the lower Danube , who hnel been In the habit of conveying across the river workmen returning from Roumanla , who took this route to nvold producing certificates that they paid taxes in Houmanla or money In default thereof , has taken them to n small Island where ho murdered and robbed them of their savings. Judicial Inquiry reveals the astounding fact that hundreds of workmen have been dis patched by him and their bodies burled or thrown Into the reeds along the river banks. The Garftclds at llourmnoiith. lCeiptgM | 1K7i ! iJd if < Gordon /lemiclt. ] HouiiNMoUTit , Oct. 28. [ New York Hernld Cable Special to the HEK. ] The residents of this sheltered seaside resort , which Is as do- ght fnl throughout the winter as In the sumner - ner , has been politely greeting on the pier , 10 plum and in their walks , Mrs. Gnrficltl , llss Molllo Garflelel , Mr. Harry Gartleld and heir friends , Dr. and Mrs. Hoynton , and Irs. and Mrs. Mason. The'y nro enjoying ho balmy air , soft sunshine nnd enticing ivalks. I paid them this morning the eompli- ucnts of the Herald. Mrs. nnd Miss Garlield howcd by their braced appearance that they ad entirely recovered from the effects of the tormy voyage , and were already pleasctl ivith the mnny English courtesies shown hem from the time they wcro received bj 'onsul ' Husscl at Liverpool. Young Garlield wus spokesman. I hod shown .hem a copy of an American newspapci laying that tKcy were in England for matri- noninl purposes. "Wo are vlsltingin Uourn- nouth with American friends , " said he , 'There are nine of us altogether and wo have : omc on n quiet visit solely for the benefit ol he health of a friend. However , the lengtl if our visit will depend on the health of this riend. AVe shall possibly stay a month. We ike Bourn-mouth , the public gardens ant jcncral surroundings. I have seen tlu American papers in which reference is made o n marriage. There is absolutely no foun dation for it. It Is not correct that we an ; iere for marriage purposes. Wo are solelj in a quiet visit with friends and for the beno ilt of health. Wo shall soon leave for tin continent. " Unrtholtli. liyJame * ( lunluii PAUIS ( via Havre ) , Oct. 28. [ Now Yorl Herald Cable Special to the line. ] A gram banquet was given to-night atthoContincnta lotol to celebrate the anniversary of the Hnr tholdi statue. Mr. Blaine , who was present ookctl very palo and careworn. Ho made m speech merely a few casual remarks to thrc < or four persons. M. Spuller , the chairman who sat next to Hlaine , delivered a long ml dress mid concluded by proposing the heultl of President Cleveland , whereupon lilain turned paler btill and touched his lips to champagne glass with a faint but sardoni smile. There were about fifty persons pro ? cut , including Napoleon , Ney , Hartholdi ounod , MeLanc and Laboulaye. Gr vy Threatens te > Resign. PAULS , Oet. 28. This evening Prcsidcu Grevy , nt the cabinet council , intimated thn ho would resign if an inquiry was not inst tutcd into Wilson's alleged connection wit the decoration scandal. Grcvy said ho di not object to Wilson being tried in the re ; , ulur way for any offense , but ho must objec to the system of blackening his son-in-law' character , not only through the press , bu through a committee of the chamber cmbriu ing personal enemies and party hatred ; Floquet assured the president that the chan ber held him in umliminished respect an urged him to overlook his hasty , unconsidcre action and reconsider his decision to resigi It was filially arranged that Grcvy shoul await the report of the committee. Resolutions For the Hungry. LONDON , Oet. 28. At a meeting called b the lord mayor last night to devise means fc assisting the deeerving poor of Londot resolutions were adopted advising the publi to do all in their power to assist Londp charities which were able and deserving , bv to use moro diserimiuution. A Question of Veracity. LONDON , Oet. 28. General Sir II. F. Poi sonby , the queen's private secretary , in letter in reference to the statement made I ) Canon Woldcn at the recent meeting of tl Church of Ireland Temperance society , sa.\ ho was present during the festival in tl highlands and did not see any drunken pc sons. Blunt AVnTxot Down. Drm.iN , Oct. 28. Wilfrid Hlunt , whi traveling to Loughrcn , addressed three race ings , and was cheered by the crowds. J Loughrea the police charged the crowd tin gathered to meet him , using batons. Tl mob replied with sticks and stones , but wci compelled to disperse. The Fisheries Commission. LONDON , Oet. 28. The News this mornlr gays unless Lord Salisbury wishes the llshci ii negotiations between England and thoUnitt States to bo hopelessly doomed from the on set , ho must cancel the appointment of Cluu berluin and select another commissioner. Dynamite KlcvntcH a Saloon. Pr-itu , Ind. , Oet. 28. The saloon of Pcti Camp , at Hushville , was blown up by dyn ; mite at 8 o'clock this morning. The buildii ami contents were completely wrecked , i well as a livery stable adjoining. Ayonb's Companion Choked. LONDON , Oet. 28. General Nur Maliomo companion of Ayoub Khan in the flight fro Teheran , has been captured and public bunged ut Herat. AXOTHKH CHMVKNXK CUASII. Itakcr Ar.JohiiKon , Wholesale Grocer Fail For $1OO , < > ( < > . CiiKvr.NNn , Wyo. , Oet. 28. [ Special Tel gram to the Iiii : ; . ] linker & Johnson , whol sale groeers doing business hero nnd Lusk , were closed to-nay by an attachmc suit brought by J. H. Gordon , dealer in gra and hay. A chattel mortgage for ? 4)00 ( ) w subsequently llle-el against the concern by tl bunking house of T. A. Kent. The llubillti of the linn will aggregate 5100,000. Assei unknown. Hukcr & Johnson , in addition their grocery business , have been lien1 speculators in mineral and oil claims ui land schemes in Wyoming and their fuilu is attributed to the unprolltuble outcome thcso ventures. Post ft CO.'H HtntoiiiRiit. CiiF.vr.NNK , Wyo. , Oct. 28 , [ Special To : gram to the Hr.n. ] The schedule of asse and liabilities of the suspended bunking fit of Morton E. Post & Co. was filed ycsterd in the probate court. It shows a total amou of assets , consisting chiefly of stocks , bon and notes , of ? ' .i-J8-KKJ.75 ; with liabilitl amounting to &jllOU7.t > . 'i ' , abalunco ofusst over liabilities of f-HT.a'JS.OO. Of the nsse however , a largo amount is pledged and i available urtd a large percentage of the not Included as assets are uncollectablo at t present'time. Angcll and Putnam Iletiirn. WASHINotox , Oct. 2S. Messrs. Angell a Putnam , fisheries negotiators , have return to Washington nnd are In frequent consul tion with Secretary Hay'uYd , regarding't approaching negotiations. The English co mibsipncra are expected herotho , latter p ; ol'thoubnveckof November. ' , ' THE WllONG TUA1X WltF.CKF.D. A Freight Strikes ntt Obstruction In tended For the KxprcHg. JOLIET , 111. , Oct. 23. A telegraph polo laid across the Hock Island railroad track be tween Anooka and Morris this morning about 3 o'clock wrecked train No. 10. Engin eer John Mills and Fireman Orff wcro In- fltantly killed and the head brakcman fatally Injured. The miscreants doubtless Intended to wreck the Kansas City express duo hero nt 4:80 : a.m. The passenger was fifteen min utes late and the freight pulled out ahead to run to Anooka , striking the obstruction with the above results. The excitement hero continues to grow slneo It Is definitely ascer tained that the obstruction was placed on the truck with the deliberate purpose of wreck ing the passenger train. The excitement is augmented by the growing belief that the Schwartz-Watt express car murder and rol- bory gang planned the crime. A largo re ward has already been offered by the Itoek Island company and detectives are on the ground. * A COHPSK 1XA CAHUIAGK. The Remains of n Murdered Youth DiHuovercd in Chicago. CHICAGO , Oct. 28. In a carriage shipped from New York to Studebaker Hros. nt the Pennsylvania depot was found this afternoon the body of a murdered man. It was found upon opening the door of the carriage that the corpse was that of a young man twenty- one or twenty-two years old , 5 feet , 8 Inches high , slight mustache and brown beard. Ho wore dark trousers , soft felt hat , bleed shoes and rubber coat. Under his hat was a bullet hole. In his pockets were found n restaurant ticket and a ticket to an entertainment to bo given to-night by the Heaver Valley assembly of fflass packers nt Rochester , Pa. The Mystery Kxplnincd. CHICAGO , Oet. 28. H. Lazarus , of Roches ter , Pn. , telegraphs to-night that the body found in a curnugo which arrived on the Pennsylvania road this morning was that of Barney Horan , of West Hridgewater , Pa. Horan left his homo Sunday evening last and has not been seen since. Ho was of n very qiturrelsomo disposition , nnd the theory of the detectives at Hoehesier is that ho went to Pittsburg and after spending all his money ho starteel for homo on a freight train. Meeting with tramps u quarrel ensued and he was killed. AVAS I IK MimtlKKED ? A Missouri Farmer Dies Under SIIH- picloiiH CircuniKtmiccH. ST. Josiu'ii , Mo. , Oct. 28. [ Special Tele gram to the BKK. ' ] Harvey Hcnton , a well known fanner living about ten miles south west of this city , was found dead In his bed by ono of his neighbors who chanced to go to his house. Honton 1ms been living with n laborer named James Smith and his wife. Smith was uway from homo at the time , but the woman's account of how the man came tc his death aroused the neighbor's suspicion and lie started off and calling in some of tht neighbors informed them of the occur rence. In a short while n largo crowd hut ; collected and one of the number wus sen ! to the town to inform the coroner. When the latter arrived a jury was selected froir the crowd , and the woman , who appeared tt bo the only witness , was called to testify , but refused to say a word. Smith 'was noxl called , but his statement contradicted itsell so many times that the coroner ordered the Jury to appear at St. Joseph this mornlnf and brought the body to Ipwn. The farmer : in the meantime took Smith and his wife intt custody. An autopsy was held to-day am the jury returned a verdict that the deeeasei cumo to his death from a blow received 01 the head and the criminal neglect of Smitl and his wife. It was not clearly shown whe struck the blow. Warrants will bo swori out for the arrest of the parties implicated The affair has created great excitement ii the neighborhood. DKXVKK'H CAlMTOIj. The liuildingCoiitractorGctting Dec ] in Financial QuagniircH. Dr.Nvr.ii , Col. , Oet. 28. [ Special Tclcgran to the Hr.i : . ] The trouble between Con tractor Kiehardson , of the state cupitol build ing , and the board of cupitol managers , in auguruted a couple of days ago over the pay mcnt of money for the construction of th' ' foundation , which resulted in Kielmrdsoi stopping nil work and going east , is increus ing. He had hardly left the city before th Me'Phee & McGinnity Lumber company at tachcd a train load of cement consigned t Uiehurdson to cover a claim of f 1,800. Sev eral other attachments wcro made upon me terial nnd tools lying in the yards , and to-du , the Union Pacific attached all the other mn terial and property of Hichardson to secure cliiim of $2lMO. The attachments now a ? grcgato SliOjOOO. Klchnrdson's attorney , ej Attorney General Thomas , says ho will re turn in a couple of weeks , effect an amicubl settlement with the board , and resume wort Upon this subject , however , there nro man opinions. It was rumored upon the street yesterday and to-day that Mr. Hiehardsoni heavily embarrassed financially. His debt in Colorado are estimated in the neighboi hood of $80,000 , and in Michigan , Wisconsi and Illinois he is reported lo have judgment standing against him aggregating $ , ( K,00 ) ( and if he fails to overcome tiiis complieutio the result may bo serious. According to th contract if work is discontinued on the built ing for a period of ninety days the eontnu is annulled and the building becomes tli property of Uio stato. Set Fin ; to Herself. MILWAUKEE , Oct. 28. Tliis morning Lin Geissert , aged twenty-six , the maniac duugl tcr of a well-known saloonkeeper , eluded he keeper and after saturating her clothes wit kcrosino oil set lire to her person. She wi burned m a shocking manner and will prob ; bly die. Plaguu Prdtllors. CHICAGO , Oet. 23. The health mitliorllli apprised Surgeon General Hamilton that the had found thirteen of the Immigrants wide came over on the Independent from Palerm and thai Uio packages nnd bundles whii they brought with them would be eitln t burned or fumigated. A Profitable Shoot. Tex. , Oct. 23. J. E. Smllli , tl express messenger who recently killed tv train robbers near El Paso , was paid ? 2,0i yesterday by order of Governor Hess as reward for his act. Smith will probably g S'J.OOO from the express company and -1,0 < from the railroad company. Hail UtilntiI. Niw : YOHIC , Oet. ' 'S. On api'.licution i counsel for C. G. Frauuklyn in the suit fi 1,000,000 , brought by his cousin , Judf Donohuo to-day reduced hlb bail from t5H ( 000 to 250,000. Fruncklyn was then rclear.cd from Jail t bail , a number of the most prominent men New York having gone on ills bond. Chicago Job PrliUnrs Will Strike. CHICAGO , Oct. 2S.--Typographical unli last night voted to restrict u day's labor I nine hours , with no reduction In pay. At meeting of employing printci-s this uf trtrnoi u resolution was passed to resist the demui lo the biltcr end. A strike on Novcmbei by Job printers will probably be the result. I.ocoinotlro Knglncor . CHICAGO , Oet. SS.-r The proceedings in tl meeting of the Hrotherhood of Loeonoti ) Engineers to-day consisted mostly ol rout ; ! business. Hlehinond- . , was ehos.eai as t' placp lor huldi'na the next meeUnS' i AN ECHO OF A CONVENTION , Embarrassing Position of n Postmaster - master Nonr Sioux Olty. THE HEMME MURDER CASE. Progress of the Trial nt AVaterloo- Scarlet l over AIIIOIIK School Chll ilreu nt State-Center Imvn Nc\vn. Arrested on n Gross Stoux CITY , la. , Oet. ' . ' 8. [ Special Tele gram to the Hr.i : . ] A. Gross , of Correctlon- vlllc , was arrested last night , charged with obtaining money under false pretense * . It seems that M. E. Crowther , of Correction- ville , had Joe Marks , the Sioux City Savings bank and the Sioux City National bank cash cheeks which wore Issued on the bank of Correctlonvillc by Gross , It was' le'arnctl ttiat Gross never had any money inthobiiuks. The checks were for ? MI , WO and two for f 5 each. Mr , Crowther was asked to make the amount good , but refused to do so , saying ho rightfully obtained the checks. Gross eouhl not give bonds and went to jail. Crowther presided at the last democratic county con vention and Is a leading democrat and post master. Gross was seen in jail to-day by n reporter and said : " It was upon , the day of the democrat to convention. Crowther wanted some money , and asked mete to sign the checks , saying ho would pay mo the amount in full when ho returned to Cor- re-ctionvillo the next day. I did as ho wished.- The cheeks were drawn in Frank TibbottFof- llee. T. P. Green , Crowther and others put put m the night at the gambling houses anil Crowther lost all the money ho had drawn on the checks. When we returned to Corrcc- tionvillo I asked him to square the deal. Ho said ho would get mo the money in a few hours. Ho kept putting mo oft and finally re fused to pay mo the amount. These are the true fact sin the case. I think Frank Tib- bctts heard part of the conversation In his onieo upon the evening the checks were drawn. " Gross was to bo in court at 2 p. m. to-day. Mr. Crowthcrs last evening tele graphed that ho would bo hear by that time. About noon a telephone message was received stating that he would bo in the city tomorrow row ami settle the matter by making payment in full. The matter will rest until that time. Thn Homme Murder Cane. WATCULOOla , , , Oet.28 Thoexamination of Villlam Mandfrom , charged with the murder f Christian Hemme , begun this morning. Considerable testimony was taken , but noth- ng of mneli importance except Unit of the cud mini's daughter. She swore that she aw boot-tracks the morning of her father's .oath leading from the door of the house to he well.In which the body was found , and jack to the house , but could find no tracks of myone barefooted. It was also shown that vhen Hemme wus found in the well ho hud 10 clothes on except a shirt , and there was jliiy on the top of his feet as though ho hud iceii el ragged. Mrs. Hcmmo is sick and unable to go on ho stand. She stated to the county attorney loforo the investigation that she heard lemnio and Mundfrom quarreling in the light , and also heard her husband making a loise as though ho was choking. Then she saw Mundfrom go out of the house carrying some heavy object. t Iowa Supreme Court. Decisions. DCS MOINES , la. , Oct. 28. [ Special Tele , gram to IhoHKE. ] The supreme court filed ho following decisions hero to-day. Standard Coal company vs Independent District of Argus , appellants , Hoono district. iVfllrmed. T. T. Hurwiek vs W. C. Weddington , ap- ) cllanl , Sue circuit , liovorsed. Frederick C. Patten , appellant , vs Central town railway , Cerro Gardo district. Af- Irmed. A Miner Killed Ity Falling Slate. Di : MOINIM , la. , Oet. 28 [ Special TeloJ ? ram to the HII : : . ] The state mine Inspcc- : or's ofllco has been notified of the death by fulling slate of Henry Stockslidgo in a mina at Delta. Mine Inspector Smith , In whoso district tills accident occurred , says that the lust death prior to this was in May last , and so far but six deaths have been reported in the entire elr&trict since January 1 , 1880 , an unusually good showing for so largo a dis trict. i Scarlet Fever at State Center. DES MOINES , In. , Oet. 28. [ Special Tele gram to the HEE. ] The stale board of health oftlco lias been officially notified of the seri ous outbreak of scarlet fever at State Center. The disease sprang up in the primary schools and spread so that all the schools have boon closed. It is believed that the epidemic la now under control. A Now Pnckcry For Sioux City. SiotixCiTV , la. , Oct. 28. [ Special Telegram - ' gram to the HUB. ] D. T. Hedges returned from Chicago this evening , having concluded the conference with the great beef packer , Swift , relative to the establishment of a house hero. The result is in Sioux City's favor , as usual , and such a house will ba built. _ Prompt County Treasurers. ' Dis : MOINHS , Oet. 28. [ Special 'Telegram , to the Hui : . ] All but two of the ninoty-nino counties of the state have paid their Scptem her collections into the state treasury , mak ing a remarkable record in this respect foe promptness. _ The Injunction Will Stand. Dr.sMoixr.3 , la , , Oct. 23. The motion by the defendant , Carpenter , to modify tha preliminary Injunction ordered last week by the United States circuit court in the cuso ot Westinghouse vs. Carpenter was overruled to-day and a writ of injunotlpn ordered to ibSUO. FOUll CONVICTS KIM/ii ; > . ' TIio Arizona Penitentiary JJrcsnk ITe > A , A. T. , Oct. 2S. Four of thoeonvle.ts who attempted to escape from the prison yesterday and assaulted Superintendent ; Gates wcro killed and wcro buried this after noon , The condition of Superintendent Gates Is critical , but it is thought ho may survive his wounds. A petition to the gov ernor is being largely signed for the pardon of a convict named Kiggs , who shot the con vict who was stabbing Gates. Thrca of the killed convicts were in for long terms and ono for grand larceny. Compromised With Creditors , i Sr. Louis , Oct. 2S. The creditors of Newman - * man & Farr , the Kast St. Louis bankers and capitalists of the Niobrnra cattle company , which failed a few wonks ago , have agreed to accept 4. ) cents on the dollar and release the debtors from further liability. The entira liabilities of Newman & , Fisrr amounted tor about 5T50,0X ( ) . Gcor lii'M Goitimor On the Stump/ CINCINNATI , Oct. -General John H. I Gordon , govoiuor of Georgia , made his first ,4 speech In Onlo to-night in , the democratic , state campaign. Ills speech was largely devoted - voted to a vindication of the claim of ex- confederate : } to loyalty. . - .lay Can Kali. Nnw YOUK , Oct. 28. District Attorney Mai-lino to-dny guvo attention to the charges. agnhibt Jay Gould nnd Kimell Sago In the Kuilsn's Pacific matter. Ho said there wn < no di'-ilri ) to interfere with Gould's iuttb4t4t ' sailing for Kuropo to-morrow ,