j , R rr-aj _ B ; , - *
* . P
OMAHA i DAILY BEE. P
NINETEENTH YEAR. OMAHA , FKIDAY MORNING , AUGUST 9 , 1889. NUMBER 51
PffiTlOS FOR COMMUTATION.
Opposition to Capital Punishment
la the Maybrlok Guao ,
fcXECUTIVE CLEMENCY INVOKED.
A Numerously Binned Paper Ad
dressed to the Homo OIHco 1'rny-
In For n Modification of
the Sentence.
Spnthnrnt Aunlnnt Death Rcntonco.
| Coj tHuMS3IM / * Jama Oanlin Ilcnndi. }
LiVHiti-ooi , August 8. [ New York Herald
Cable Special to TUB BEB.1 The fool
ing with reference to the verdict
in the Mnybrlck case runs very
high In Liverpool , ono section main
taining that the prisoner should huvo the
boDoflt of the doubt set up by the conflict of
mcdlcul evidence of the cause of death , \vhllo
othora maintain that the touching of the Jury
upon the ovldoncaund tbo summing up loft
no other course open to them tbun that of
finding the prisoner guilty. Two memorials
huvo already been set on foot , ono from the
bar and the ether from merchants aud
brokers. This afternoon Piultford , the
junior counsel engaged with Sir Charles
Hussoll In tbo defense of Mrs. Maybrlck ,
placed the following petition In the bar.
rlstors' library In the St. Charles hall ,
wbcro It was numerously signed :
CTo the Itlght Hon. Henry Matthews , Q. O.
M. , bcr majesty's secretary of state for the
homo department We , the undersigned ,
members of tbo bar of the northern circuit ,
having paid great attention to the evidence
In the case of Florence Elizabeth Maybrlck ,
humbly nray that you will recommend her
majesty to commute the death sentence and
grant u reprieve on the ground that such ev
idence. In view of the grout conflict of med
ical testimony as to the c.iuso of death ,
loaves so much doubt that It Is Inexpedient
and unsafe to carry out an irrevocable sen
tence.
Tbo petition will bo sent first to Man
chester and then to London , so thitt mumbars
of the bar who liavo loft Liverpool may have
nn opportunity of signing it.
The merchants and brokers pray that the
sentence of death may bo respited with a
view to a commutation or reprieve on the
ground that tlioro was no direct evidence-
administration of arsenic by the prisoner to
tlio deceuRcd , that the case
ngalnst the prisoner on general
facts was unduly prejudiced by thp
evidence ol motive , and that tlicro Is room
forgruva doubt whether the circumstantial
evidence relied on by the prosecution was
weighty enough to Justifv conviction. That
thorowasa strong body of medical testi
mony on behalf of the defense ; that death
was ascribed to natural causes ; that there
was not sufllciont evidence on tbo part of
tbo prosecution ; that it was not duo to
arsenical poisoning ; that having regard to
the conflicting nature of the medical evidence
and the very wldcsptead doubt as to the pro
priety of the verdict on general grounds , It
-would bo in the highest degree unsafe to
permit nn irrevocable sentence to bo carried
out.
out.Cleaver
Cleaver and Holder , Mrs. Mnybrlck's so
licitors , have received letters from ether
towns asking for copies of the petition for
signature , and they have drawn up a form
for general use similar to thut of the mer
chants and broken ) .
Mrs. Maybrlck was m a prostrated con
dition tbls morning and was attended by a
doctor , who , however , 'states that her con
dition IB not serious , but Is duo to a relapse
&t.tor the great strain of the past week. She
has again protested her Innocence to the Jail
chaplain. This afternoon she had recovered
her composure somewhat and was visited by
her mother , Baroness Von Koquo , who ,
inco the commencement of the proceedings ,
has been living in the vicinity of the Jail in
order to bo near her daughter. There was a
largo crowd cutsldo the Jail , and the prevail
ing sentiment was ono of pity for the pris
oner. The governor and oQlcials of the Jail
decline positively to give any information
about the prisoner , and Information on this
bead has to bo sought In other quarters.
The Interview between mother and daugh
ter , which was but brief , was painful and af
fecting , the prisoner being of the two the
most agitated. She , however , expressed her
appreciation of the kindness of the ofllcials
In allowing her mother to visit her , the visit
having afforded her much consolation. Last
night when she returned from court she
walked to tbo condemned cell with n firm
and elastic stop , and as if she had realized
the terrible position she wan in. This morn
ing , however , a revulsion of feeling seems to
have set In.
Ori'OBKD TO HANGING I1EK.
Many Influential I'coplo Think Airs.
Mnybrlok Shouldn't Suffer Dontli.
tCoM/rfo'il ' tssn bu Jama Gordon iicnntlt. }
LQNWJN , August 8. [ Now York Herald
Cable Special to THE Bun. ] There arc people
ple who do not oollovo Florence Maybrlck
Will bo hung and there are many mure who
do not believe she should ho hung. Many of
the latter class are influential persons and
bavo so expressed themselves to the London
edition of the Herald , the only paper In Lon
don whose comments on the verdict seemed
to bo in touch with the popular feeling.
Among these from whom letters huvo boon
received la Alexander W. MacDougull , who
was chairman of the public moetlug called
twelve years ago to "consider the summing
up of the Judge and the vrrdlct of the
Jury" In a case in which four parsons
wore sentenced to death. Such nn expres-
ion of imbllo opinion was elicited that Homo
Secretary Cross was led to call a meeting at
the home oflico for the same purpose as ac
tuated the public mooting , and the ruiult of
the homo ofllco meeting was the uncondi
tional release of Alice Uhoiles uud the re
mission of the capital punishment ruses of
her throe companions. MacDougull sug
gests the same uctlou m thn Muybrlck cat > o ,
and such a com so will almost certainly be
taken. A largo proportion of the public ,
like the Herald , think the Jury failed to con.
aider the clement of doubt , and that It was
wayed by thu cogent and a\haiutlvo charge
of Justice Stephens.
*
Stanley Coining Down thu Couht.
1CrWt | | / J&S3 bu Jnmet ( Jtinlon llcnnrtt\ \
ZANXIUAH , August S , [ Now York Heiold
Cable-Special to THK UKB. ! Stanley is
coming down to the toabt with Emln Pusha ,
U.OOO men ami women aud a quantity of
Ivory. The exact date of their arrival is un.
curtain. The Germans are doing their ut
most to create a disturbance here , and a
rising against all Europeans la not only pos-
lbo ! but highly probable.
BlKiior Cnvlola Iend.
[ Cni > iirlahtiss3 Uu Jama ( ianton iienntU , }
ROVB , August 8. ( Now York Herald Ca-
ble--BpeolaltoTur. BEB. ] Signer Benedetto
Cavlola , the famous Italian statesman and
last survivor of a most patriotic family , died
{ HtQrJojr iQoruloy ut tuo royal villa of Capo
dl Norto , near Naples , which had been placed
at his disposal by King Humbert. Slgnor
Cavlola was born nt Crayello , near Pavia , on
the 2d of January , 1830.
OHI3I2UI2D ON HIS WAY.
Thousands Orcct President Harrison
Kn llouto to IJnr llnrhor.
BOSTON , August 8. A special train with
President Harrison and party , President
Lord , of the Boston & Maine railroad , Lieu
tenant Governor llrackott and members of
the Governor's staff , and a corps of news
paper men , pulled out of IhoUosUin & Matno
depot at 0 o'clock this morning en route to
IJar Harbor. A largo crowd witnessed the
departure , which was made to the accom
paniment of u salute bj a battery and tbo
continued cheers of the crowd.
The first , great demonstration after the do *
parturo from Boston was miulo at South
Lawrence , where tbo train stepped. There
the enormous crowd around the depot
cheered as the train stopped , and gunn tnun-
dored a salute. The president went to the rear
of his car as It entered tbo depot , nnd shook
handn wit.i the hundreds of people gathered
there. Governor Goodell , of New Hamp
shire , and staiT Joined the train ut this
point. When thu tnun moved out the crowd
cheered and cried "Long live the president. "
At Havcrlilll the next stop was made.
There n big arch was erected nnd a large
ctowd packed the donotimd adjacent streets ,
As the train rolled Into the depot a hearty
welcome was given Its occupants by the pee
ple. A handsome basket of Dowers was pre
sented to the president on behalf of the
Brother Jonathan club of republican voters ,
and the recipient made u speech thanking
them for their courtesy. As the train moved
oft the president remained on the rear plat
form of the car until the people wore out of
sight. Governor Bracket ! of Massachusetts
and start loft the train at this point , and
when the state line was crossed Governor
Goodoll of Now Hampshire became the of-
iluial escort.
President Harrison walked to the plat
form of his car as Exeter was sighted. A
crowd was gathered in the depot and there
was much cheering. The president shook
hands with many men , women and children
who clambered up the steps. The train left
a snort time after.
Governor Goodoll nnd staff left the car nt
Exeter. At South Berwick , on the Maine
side of the river , a stop was made to take on
Adjutant General Sprague and n number of
members of the governor's staff. At North
Liorwlclc Congressman Reed joined the party.
At the place last named and at Old Orchard
thrre were enthusiastic throngs of peoplo.
The train reached Portland nt noon , stop
ping only five minutes to change engines and
then sped on to Brunswick and Gardner ,
whore short stops \vo-o made. Congress
man Heed loft the train when it arrived in
Augusta.
Where Hnvo the Fines Gone To.
DAKOTA CITY , Dak , , August 8. [ Special
Telegram to Tun BIE. : ] The trial of Mag
Willis to-day before Justice Jay on the
charge of keeping a house of ill repute in
Covington , resulted in revealing a blackmail
ing scheme on the part of the trustees of
considerable magnitude. * The board of trus
tees of Covington have collected monthly
from the Qmaduins of the several houses in
Covington fclO each , and the refusal of
Madam Willis to pay the August assessment
resulted in to-day's trial , ttirco of the board
of trustees being the complaining witnesses.
Where these special I'ssessments have gone
to is a query , us no return of thorn us lines
have ever been made to the county treasurer.
It is only ono of the many evidences of thu
rottenness existing at Covington , and to
day's trial bus placed the county ofllcials in
possession of suQicient evidence with wb Icn
to clear the place in short order. Madam
Willis to-day swore vengeance against the
town , and will commence several criminal
suits at once.
Tascott Caught
CHICAGO , August 8. A special from La
redo , Tex. , gives a description of the sup
posed T.iscott , under arrest there. It tallies
moro closely with that of the much sought
fugitive than any previous capture. The
prisoner's appearance corresponds exactly
with the dlscription contained in the circular
issued by the relatives of Knoll , tho.inllllon-
alre for whoso murder Tascott is wanted.
The scura on Tascott's elbow and legs have
counterparts on the Laredo man , and though
there Is no gold in the prisoner's front teeth
u cavity , which had once been filled. Is there.
His arrest irrexv out of the suspect knocking
at the sheriff's residence and asking for
somuthincr to cat. The sheriff noticed the
similarity to Tascott's description , and after
questioning the young man subsequently
put him under arrest. The prisoner was In
duced to write a few words , and bis hand
writing strangely resembled the fno simile
of Tascott's chliography. The sheriff has
forwarded a photograph of the prisoner to
Chicago.
Nebraska nnd Iowa Pensions.
WASHINGTON , August 8. [ Special Tele
gram to THE BBS. ] Pensions granted to
Nob.askans : Original invalids Frederick
F. Foster , Benjamin Morris , Henry II.
Paugh , Elmer E. Van Olinda , Joseph B.
Crooks. Increase William Freeman.
Pensions allowed to lowaus : Original in
valids Alex Powell , John Weaver , Francis
M , Howard , Jonas S. Raynor , Charles B.
Hyde , Cornelius Hoover. Increase Thomas
L. Young , Samuel H. Baker. Justus Can-
Hold , John W. Willis , William J. Moore ,
Martin P. Wlckcrshain. Original widows ,
etc. Annu C. , widow of William A. Haw.
Surrendered nt the Penitentiary.
ST. Louis , Aucuat 8. Darwin W. Pratt ,
who was the St. Louis agent for the McCor-
mlck Harvester company , of Chicago , went
to the state penitentiary at Jefferson City
last night and surrendered himself. Post ,
the bookkeeper , cinberzled , and on his state
ment Pratt was Indicted as an accomplice ,
and was tried nnd sentenced to ttirco years
In the penitentiary , This was several years
ago , ami the supreme court has Just afllrmed
the decision which sends Pratr to the peni
tentiary. It Is believed ho Is Innocent and
will bo pardoned by Governor Francis.
Pratt's family hero is highly respected and
tua case Is a very sad one.
W III IIMilUt Down.
CIIJOAOO , August 8. Some time ago War
ren F , Lelaud , of the Leland hotel , secured
an injunction against the managers of the ex
position building from extending the struc
ture , declaring that Its existence on the lake
front , which has been decided to bo a public
park , to bo forever free from buildings , Is In
violation of law. Since that time strenuous
efforts have been made to get Leland to with
draw his opposition , but without avail. 70-
day it is announced that the usual fall ex
hibition and fat stock show will bo held ,
after which the building will bo torn down.
Broke the Tiiroe-Year-O d Racord.
DANVILLE , ICy. , August 8. [ Special Tele
gram to Tun BEE. | At the fair trotq hero
Nancy Hanks trotted the second heat In the
three-A car-old stakes In 2U3J : , ' , which boats
the world's record for a threo-yeur-old over
a half-mile truck. She is a bay lllly by
Happy Medium , dam by Dictator , and is
owned by Hart Boswoll , formerly state sen
ator from Fayotto county. Horsemen re
gard her as the best thrco-vt'ur-old la Ken
tucky.
At Her -Sister's Bedside.
NANTUCKKT , Mass , , August 8. Mrs. Ben
jamin Harrison , wlfo of the president , nr-
rived hero this morning In response to a tele
gram calling her to the bedside of her sister ,
Mrs. Scott Lord , who Is very 111.
VUlllnm Oablo Killed.
GIUMUBUIIIIUIIO , Pa. , August 8. Willlnta
H. Gable , ion of ex-Sheriff Cable , of this
nluce , wa * killed whllo coupling cars at Mo-
Kvosport , PH. , yesterday uioniluff. UU re-
uuuiu wore Interred her * .
RETURNS TO THE ENCOUNTER
Green Takes Another Whack at
Wanatnakor.
POINTS OUT SOME MISTAKES.
The Doctiir Snys the Western tin Ion
TclCKcaphtCoinpatiy DOJBII'C Own
the Krtrth , But Ho Wishes
That It Iltl.
Another EpUtolnry Bout.
NEW Yonic , August 8. Dr. Norvln Green ,
president of the Western Union company ,
to-day sent to Postmaster General Waua-
maker the following response i
Hon. John Wamunakor , Postmaster Gen
eral Dear Sirs Acknowledging the receipt
of your loiter of August 3 , 1 beg to say I
much regret that tbo publication of my letters -
tors to you , to which you refer , was rendered
necessary by the extraordinary statements
( "on information furnished this , " your de
partment ) contained In yoor letter of July 13
and extensively printed In the newspapers
on the following day. You again refer to
the privileges and benefits derived by this
tbts company through the nets of congress ,
and especially the act of iSSO. You Bay :
"Under these grants tha company has
claimed the right to usa without compensa
tion of anv kind us a rlght-of-xvay all the
highways of tha country , on the ground of
their being post roads. It Is has broadcnod
this claim to the extent that the streets of
cities and towns uro also made post roads
ani therefore open and free to its occupancy
nnd uso. The courts Imvo sustained it In
this claim. "
Either you or wo are very badly Informed
by our respective legal advisers as to what
has been claimed by the telegraph company
and hold by the court in respect to the scope
and authority of that grant. I have hod oc
casion from time to time to go through , the
records in n great many cases , but I do not
recall any Instances in which such claim baa
been made nnd sustained by the courts.
What we understand" government did
glvo us In the act of 1880 , was a franchise
and right to do a telegraph business In all
the states , and this franchise was
given alike to all telegraph companies
or ether parties who might accept it ,
and subsequently by what was Known us tbo
Butter amendment It was especially extended
to all railroad companies , but tbo act never
assumed to give us and could never glvo us
the right to plant our poles on land belong
ing to the government , and that rigbt wa
have very rarely exercised except when the
government wanted us to extend our lines
for the convenience of the government Into
its navy yards or military posts or stations ,
or to its department quarters in the city of
Washington. Had you carefully read the
decision in the Pensacola telegraph cas'c , to
which you refer , you would not have fell into
such grievous error upon this point. Chief
Justice Waite thus delln s the scope of the
act of 1800 under consideration :
"No question arises as to the authority of
congress to provide for the appropriation of
private property to the uses of the telegraph ,
for no such attempt has been mado. The
use of public property alone is grunted. If
private property is required it must , so far
as the present legislation is concerned , bo
obtained by private arrangement with its
owner. No compulsory proceedings arc
authorized. State sovereignty under tbo
constitution is not interfered with. Only
national privileges are granted. "
The decision in tbls casetherefore , was that
tbo state of Florida could not prohibit West
ern Union Telegraph company from erecting
and operating its lines of telegraph in that
Btuto after it had acquired a right of way for
its plant from a railroad company of that
state , but did not hold that it was exempt
from the obligation to buy or condemn , under
state statutes , the property necessary to
build its lines. The railroads are post roads ,
as well as some of the highways , and If the
government gives us the right of way on
post roads why should wo bave to pay rail
road companies for it ? Wo have to contract
for , nnd obtain our riirhts of way from
the parties who own them , whether
railroad companies , turnpike companies or
individual land owners , and in case of streets
and highways wo huvo to obtain a license
from the city , couuty or state authorities , or
condemn under the authority of the state's
laws ) .
I sincerely wish that your ideas of
the law , that we are in fact occupying many
thousand miles of post roads and are priv
ileged to all the highways in thd United
States under the grants of thut act , may
Drove sound in law , but wo huvo not relied
upon that grant and are satisiled the courts
would not sustain your views. Our
occupancy of. streets is always by
license of the local authorities
of tbo state , and la the case ot the Elevated
railroad company , In the city of Now York ,
to which you refer , wo pay the companies
who own the structure for the right to string
our wires thereupon.
The act to which you refer gives the tele
graph companies accepting it the right to
take stone and timber troin public lands and
to pre-empt and enter not exceeding forty
acres from each sojtioii. Wo huvo never
needed any stone , and since tbo passage of
the act thp railroads across tbo continent
have afforded ample facilities for transport
ing cedar for poles , which is moro durable
nnd economical than the native Umber that
might DO found accessible on unoccupied
government lands. As to pre-empting forty
acres of land for stations , wo have found that
wherever a telegraph static n was needed
there wore no unoccupied government lands ,
and if wo were to establish u station on any
forty acres of unoccupied government land
it would be In a locality that would yield no
revenue. It is true , therefore , thut wo have
never taken a stone or stick of timber nor
appropriated a foot of public land under that
law. The franchise granted this company
In common with other parties was not sup
posed to be solely for our benefit , but to se
cure convenient facilities to the public ,
The effect of establishing our right to do
business in Pensacola was to wipe out u
charge of $100 for a ton-word message for a
distance of forty-five miles , the Overland
line claiming tbo exclusive franchise under
the state laws and the establishment of a
branch ofllco in the navy yard at thut port ,
which to this day wo are. operating for the
benefit of the government at a loss , the busi
ness of that ofllco not being suiUclbut to pay
the salary of the operator.
Second , Wo seem to bo gutting near to
gether as to the power and the duty of tbo
postmaster-general to uamo tbo tolls
to bo paid on government mes
sages , I only claim this power
and duty are limited by tbo constitution
to a Just compensation for tbo service re
quired , and that a Just compensation must
cover the actual rest of the service , with
something added for the use of the facilities
necessary to perform it , und as you Buy the
government Is willing to pay Just rates wa
have como to qujto nn agreement on the
principle that must govern the ilxlugof rates
to be paid.
Third. I still Insist that the government
is our most favored customer and that the
rate for government service during the past
live years , considering the character of the
crvio ? , is lower than that given to any other
person. The government rate bas been 1
cent par word for 1,000 miles or leas , You
may make up a supposed message , with ad
dress and signature of unusual length
and twenty words in the body , sent a short
distance under our half rate contracts with
certain transportation companies , and show
thut it is a little trillo less than the govern
ment rate , but you forget that to this half
rate wo get must bo added the value of what
these transportation companies do ( or us.
But when you apply oven the strongest sup
posed case to a message between New York
and Chicago , or Washington and St. Louis ,
you will find that the government rate U the
lower.
Is BO cornparlsoy between tha. ser
irlco for newspapers ( cvontho , special rates to
ace newspaper ) nnd messages trnns-
milled for lha government. A
special of 1,600 words would make
fifty government messages of 80 words
onch. each message requiring a separata
chocking , backing , numbering , routing , en
veloping nnd special delivery. Wo often
hnvo a special news report Of 6,000 words or
moro , equal to over ono hundred and sixty-
six messages of thirty words each , whilst
our commercial and social messages average
but about seven words , including the address
aud signature. In my statement that for
messages transmitted nnd delivered to n sin
gle address , the government wns
the only customer that enjoyed n
reduced ratrf , I distinctly excepted
the service for the newspapers , arrange
ments with railroads and transportation
companies nnd the distribution of commer
cial news reports. It Is not true that thl
company gives the largo papers of Now
York , Chicago and other largo cities a ctuy
rate of M cunt per word and a night rate of
kf cent per word. Thut rate applies only
between Now York , Philadelphia and Wash
ington. Nor is It true that tbls company
gives the largo papers of the largo cities any
lower rate than it gives the small papers of
the largo cities or the small papers of the
small cities. The press rale , which
is based on our 'commercial rato.
Is the same to every paper
in the same city or town , great or small ,
whether It docs u business to the extent or
$1 per year or $100,000 ,
It is not true that the patronage from the
press Is the most profitable wo have. There
Is llttlo or no profit ou thp reuular service , us
n whole , and very llttlo oh the special press
service , und it would not add to our profit
if the rate was made still lower.
However , as It is based on
our commercial rates , It necessarily is re
duced with it. The question of our press
rates has been much discussed with the press
associations , who , having many lines leased
which they operate themselves , are quite as
familiar with the cost of Ilka service in
other cotnurles , and it wo * ; found and ad
mitted that the press rate of this country ,
considering distances , Is the lowest of any
country In tbo world and is the most liberal
In Its application.
On the signal service reports since 1872 ,
the rate has been reduced , as In the case of
ether government service by lengthened cir
cuits. Until about 18S4 , the circuit for sig
nal service paying three cents per word was
counted us u practical working circuit. A
compound circuit requiring the use of re
peaters , as from New York to Milwaukee ,
with drops was charged and paid for as two
circuits or at the rate of six cents per word.
So also were circuits from Now York to
Eastport , Mo. , and from Cincinnati to Now
Orleans , whilst the circuit from Chicago to
San Francisco was ratedas , four circuits , or
12 cents per word. Suri Francisco to San
Diego und San Franciscoto Olympia , W. T. ,
were each ruled nnd p IUrfor as three cir
cuits , or 0 cents.
Tbo sum of it all js that the government
bus given us nothing tlint was of any vuluo
to retain. " >
If the government bed paid us during the
past several years the * rates stipulated by
contract with the Associated press on news
dispatches bearing onQ address the aggregate -
gate revenue for roverntBont service would
huvo been larger than it'waa at the rates the
government paid. I havn the honor to re
main very respectfully yjiurs ,
" President.
SUEPAItD's REPORT.
No Hope For Reporters Till Secretary
W imlom 0ces It.
WASHINGTON , AupusJL 8. "It is probable
that Secretary Wmdom will return to Wash
ington to-morrow , " 6J U1.-Acting Secretary
Batcheller this afternq'o'n , "but ho will cer
tainly bo at the TdcrSartment Saturday.
Meanwhile I have deemed it advisable to
withhold the communication made to the de
partment regarding the recent seizure of the
sealer Black Diamond in Bohring sea.
There are questions in the communication of
a political nuture which may require notice
by the state department , and certainly Sec
retary Windom should bo the first ono to see
the report and decide upon its reference.
Captain Shepard makes a plain statement of
the facts , substantially the sumo as have
been given by telegraph , without any at
tempt at making a state paper , but simply
as a naval officer making his report of an
occurrence. "
, THE CONVENTIONS.
Tha Capital Deadlock Continues at
Holcnn.
HELENA , Mont. , August 8. The deadlock
In the convention oyer the capital question
continued this morning without change. It
Is now apparent that the opposition to Helena -
ona from the western delegations is earnest.
Anything to beat Helena is the general cry.
The following towns were voted on for the
capital and. defeated. Anaconda , Great
Fulls , Billings , Bozoinqn and Mlssoula. A
motion to strike out tbo provision relating to
the location of the capital was finally car
ried , and this leaves tha capital at Helena
for the present.
At Bismarck.
BISMARCK , N. D. , August 8. The convention
the of the committee
tion to-day adopted report
tee on legislative Apportionments. The
school land section was adopted. The con
vention will bo prepared to submit every
thing to the committee on revision and ad
justment to-morrow , and it Is expected to betaken
taken up on Tuesday , when the commltteo
will report and the constitution in its en
tirety will bo adopted.
The constitution for the state of North
Dakota is complete and has gone to tbo committee
mitteeon revision and adjustment. At to
night's session the last business was consid
ered and the convention adjourned till Tues
day , when the committees will report and
the delegates sign the constitution , which Is
considered u icirmrkably peed document.
Oljmiiln's lay.
OI.TMPIA , W. T. , August 8. It is reported
that the property represented in tide lands is
worth at least $40,000,000 to-day. No two
members of the land committee have been
able { to ugroa throughout on any article to
bo recommended to tbo convention. The re
port of tbo commltteo on public buildings
was passed this morning. It provides that
the qucsttonpt locating the capital shall bo
submitted to the people at the same time as
the constitution. Tlie Committee on civil
rights reported to-day. Only fully naturalized - ,
ized citizens and native * can vote. A rest *
dence in the state of one year , in the county
three months and In thq precinct thirty days
is required before a votar Is eligible.
Woman suffrage at school elections is al
lowed and the suffrage question Is loft to tbo
legislature except tliat'M the November elec
tion in 1SUO it shall bo'submitted to the pee
ple. The first legislature will have thirty-
five senators and seventy representatives ,
and after the first Monday In November tbo
sessions arc to bo blcnnally add limited to
sixty days. "
A MoctllctTlcdtictloii. | (
CHICAGO , August 8. It Is understood that
the Chicago , Milwaukee & St. Paul road has
given notice of its Intention to reduce the
rate on cattle 8 > cents per 100 pounds from
Kansas City to Chicago when shipments are
made In the common stock cars owned by
tbo company , maintaining the rate of 22
cents if the shipments are in patent cars con
trolled by the shippers. This notice will bo
considered at the meeting of tha Western
Freight association next Tuesday. The
Missouri Pacific bus notified Chairman
Midgely that It proposes adopt the car
loud rates on live stock from Kansas City to
St. Louis , instead of billing by weight. Tbls
will have the effect of cutting tbo rate be
tween Kansas City and Chicago.
Advlnpfl to Attnud the Kiioninpinpnt ,
KANSAS CITV , Auguit 8. There was re
ceived at O. A. It national headquarters to
day a circular from Commander Booth , of
tbo department of Kaniaa , In which ho
strongly urges all veterans to attend the
uatloual encampment at Milwaukee.
DAS MARTIN BURKE PEACHED
Ho Has and Ho Hasn't , Ho Will
Will and Ho Won't ,
HE'LL BE HANGED IF HE DOESN'T.
Anil llo'll Bo Uomovcil" If Ho
fiqucnls HtntemontB That Don't
Milk Together Very Well As
sertions nntl Denials.
The Mall's Story.
CHICAGO , Augusts. [ Special Telegram to
TUB BBK.J Has Burke confessed or has ho
not ) IB the question which Is agitating all in
terested In tbo Cronln case In Chicago to-day.
The Times this morning made the positive
announcement that Burkohad told the whole
story of the conspiracy and murder' to the
state's attorney , nnd the paper also gave
much evidence In support of this claim. But
the story is dsntod to-day , and with such
particular vehemence , by the state's attor
ney as to almost credit additional belief In
its truth.
A reporter waited on Judge Longcncckor
for a confirmation or donlal of this story.
"Judge , " said the reporter , "what about
that article in a morning caper saying that
Burke had confessed everything to you ! "
"All a lie 1" exclaimed the Judge , raising
his hands aloft despairingly.
"Is it true that you bad an interview with
BurkoV
"Yes , I and Chief of Police Hubbard spent
nn hour with him yesterday ubout B o'clock. "
"Did ho make any confession ) "
"Not the slightest. Ho never hud con
fessed anything to anybody about this mur
der. I state that positively on my honor ,
because It Is annoying to mo to have people
suppose that I have such Important evidence
when I haven't. If anyone says Burke has
confessed anything ho is , to the best of my
knowledge and belief , a liar. I am sure I
don't know anything about such a confession ;
moreover I will toll you this , that I have
abandoned for the present all hope of get
ting any confession from him. Collins is
going to bring him over to the jail to-day and
everybody can see him and talk with him
that wautn to , so far as I am concerned. "
"Then Burke has not discharged his at
torney , Kennedy J"
"Not much. Ho said yesterday ho was
very anxious to sea Kennedy. "
"Does Burke talk and act like a man who
knows moro than ho will tell ! "
"Exactly. It Is very plain from his man
ner that ho Is between two fires. Ho is
afraid bo will bo bunged if ho does not con
fess aud that bo will bo 'removed' if ho
does. "
"Do you still fool confident of convicting
the indicted men ! "
"Entirely so. At least three of them will
bo convicted , nnd at least three of them will
bo hung. "
According to the Evening News the Jatls
o Ulcers think Burke bus made full confession
or ubout to do so.
The Mull nays : Judge Longeneckor had
auother Interview with Burke this morning.
It was at Burko's request. The conversa
tion between Burke nnd the state's attorney
to-day was apparently of a most friendly
nature. The representative of the law
placed his band familiarly on tbo shoulder
of the man who is to become the victim of
the law's vengeance , and they conversed in
a low tone for a long tlmo. The conference
was good naturcd on both sides. It was
more than thut. It was extremely f riondly.
Every action aud gesture of the prisoner
and his questioner went to show that per
fect understanding hud been arrived at be
tween them.
"I know you are the best friend I have in
the city , " said Burke.
"I am und I will stand by you , and I want
you to feel sure of that , " was the state's at
torney's reply. Thou there was moro talk in
a low voice , und the judge said :
' Now tell mowhodiovo Cronln from his
oflU-o to tho.Carlson cottage. "
Burke hesitated. Ho looked down at the
stone floor of the cell and then gavo'a side
long furtive glance ut the state's attorney.
Again bo looked at th-o floor and shook his
head once or twice. Ho started as If to
speak , but relapsed into silence.
"I can't do it. I daren't. I'm afraid , " ho
said at length. The attorney came at him
again.
' I Know all about it now , " said bo. "I
can convict und hung you over and over
again with the testimony I have. Tell mo
the truth and you can save yourself and help
have justice done for this murder. There is
no reason why you should be hanged to save
who don't about . "
men care a snap you.
This argument had a powerful effect on
Burke. Ho seemed to weaken In all his sys
tem. He glanced around again In that fur
tive way and then put his mouth close to
Judge Longenockor's car. Ho whispered
something into it. It was the name of the
missing conspirator. Burke had seemed to
bo in mortal terror lest the men who planned
Cronin'a assassination should learn that ho
was talking confidentially with the attor
neys. Ho is moro than repentant for his
part in the crime , and ho seems willing to
confess what yet remains untold of his story ,
but he is afraid.
Corporation Counsel Hutchlnson an
nounced In Judge Bukor's court this morn
ing that bo had the receipt of Sheriff Matson -
son , showlnir that the body of Martin Burke
bad been delivered to him and lodged In tbo
county Jail. That being the return made.
Judge Baicor said :
"It appearing from the return that John
Collins , the messenger , having turned over
the body of Burke to the sheriff of Cook
couuty , it is ordered that no further proceed
ings bo taken in the case. "
The court then explained that the order
was simply a technical ono , as was before
explained to the corporation counsel. The
prospect of getting a look at Burke had at-
Uacted a gre.it crowd to Judge Baker's court
room. It was announced thut the prisoner
would bo brought in ut 12 o'clock , and fully
thirty minutes previous to that hour tbo ele
vators , running to the third floor were packed
with the curious. A number of bailiffs were
stationed at the court room doors , and none
but lawyers und reporters were admitted.
Senator Kennedy lounged in an arm chair ,
bending bis head slightly forward to hear
some words whispered by W. S. Forest , Dan
Cougblln'a attorney. Judge Baker soon
made his appearance and asked whether the
prisoner was present The bailiff replied that
there was no sign of Mr , Burko. Alter an
other delay the door opened und Chief of
Police Huboard und Hutchlnson. followed by
John Collins , entered without Martin Burko.
Tbo lawyer made tbo announcement thut
Burke was no longer In Ofllcer Collins'
custody and Lawyers Kennedy and Forest
hastily withdrew. Burke was turned over
to the sheriff just a few minutes before noon ,
tbo time when Collins was to appear with
him before Judge Baker. Ho was driven
over to the jail in at open patrol wagon.
A Significant Denial.
MINNCAVOMS , August 8. A Wlnnlucg
special says Chief of Police McRaa denies
the report thut Martin Burke made any con
fession to him , but ho admits that Chief
Hubbard wants him In Chicago as a witness
In the case. This indicates that Burke made
damaglcK admissions whlla there , Chief
Hubbard intimated that It WAD Alexander
Sullivan who had sent Lawyer Kennedy to
Winnipeg with the view of closing Burke's
mouth ,
Steamship Arrivals.
At Now York The Hormonla , from Ham.
burg ; Tbo Ponnland 'row Antwerp ,
At Southampton The Columbia , from Now
York , for Hamburg , arrived off the Lizard at
3:45 : it. m.'to-t'uy.
At Quoeastown The Wyoming , from Now
York , for Liverpool.
At Glasgow , tuo Mnu.U ° IW (
THE K , OF I * . DECLINE.
A List of the Grand Army or the DC-
sorter * .
CHICAGO , August 8. [ Special Telegram to
TUB Bur. . ] The forthcoming member of the
Knights of Labor will say : The general
master workman has stated that the present
membership of the Knights ot Labor was
about 210,000. In connection with that state
ment the following figures are Interesting :
The report of the Minneapolis convention
shows that the total membership In good
standing Is 253,000 , nnd that District As
sembly No. 1 , of Philadelphia , bad 3IW
members. It hat slnco lapsed nnd returned
Its charter. District Assembly No , 'J , of
Camdcn , N. J , , hud 275 members nnd has
since lapsed. District Assembly No. 3 , of
Plttsburg , Pa. , had n membership ot 0,103.
It has barely one-third of that
number now. District Assembly No. 11. of
Scottdalo , Pa. , had 1,703 members. It has
pone out of existence. District assembly
No. 13 , ot Yotiugstown , O. , with 005 mem
bers , has collapsed. District , iissomby No.
15 , of Elmira , N. Y. , with -130 members , ban
collapsed. District assembly No. Irt , Mr.
Powdcrly's own district , has been reduced
from 4,030 to less than 4,000. District
assembly No. 17 , of St. Louis , Mo. , with a-
membership of 1,073 , has been nearly wiped
out. District assembly No. 24 , of Chicago ,
had 8,513. It now has less than B'JO. District
assembly No. 23 , of Cumberland , Md. , had
501 members. It nt present has no exist
ence. District assembly No. 45 , tolo-
crapbcrs , bus quit with a membership of
! 2Ti. District assembly No. 47 , of Cleveland ,
O. , ban boon reduced from 2,4WI to loss
than 1,500. District assembly No. 48 , of Cin
cinnati. O. , with n membership of 4,63" , .
has lost 2,500. District Assembly No. 49 , of
New York , had 15,4'Jl. H Is wiped out of ex
istence. District Assembly No. f > 0 , of De
troit , had 1,850. It has now scarcely 50.
District Assembly No. 35 , of Newark , N , .1. ,
has collapsed with 491 members. District
Assembly No. 53. of San Francisco , with n
membership of 220 , has also gone. District
Assembly No. 55 , of Muskegan , Mich. , has
only 78 members , but they have followed the
grand army of deserters. District Assem
blies No. 00. Oi , ( H and 03 , located respec
tively nt Utlcii , N. Y. , Bloomliigton , 111. , Now
York City ana Glovervlllo , N. Y. , with n
total membership of 1,150 , have go no out of
existence. District Assembly No. OJ , of
Trov , N. Y. , with a membership
of 3780 , has nothing loft but its secretary ,
Joseph H. Mansion , who Is still pursuing the
Fuller & Warren boycott. District Assem
bly No. 70 , of Philadelphia , with a memoor-
ship of 228 , turned in its charter some
months ago. District Assembly No. 77 , of
Lynn , Macs. , has collapsed with its ! ! 5S mem
bers. District Assembly No. 88 , of Bay City ,
Mich. , remains in the order , us It announces ,
to watch the poverty palace to see that
it is not gobbled up by the gen
eral ofllcors. District Ansmblies No. 103 , of
New Brunswick , N. J. , 104 , of Cohoos , N.
Y. , 100 , of Indianapolis , 237 , of Kansas City.
113 , of South Norwalk , Conn. , and 124 of
Manchester , N. H. , with an aggregate mem
bership of 2,045 , hnvo nil gone. District as
sembly , No. 147 , of Albany. N. Y. , became
disgusted with the boycott of Fuller & War
ren that wns kept up ut the Instigation of
Joe Mansion , and has lost moro than half its
membeis. District assembly , No. 180 , of
Kingston , N. Y. , has practically quit , vith n
membership of 2,140.
There bos been a fulling off from the vari
ous state assemblies of moro thau 25,000.
Illinois may send a delegation to the next
general assembly , but it Is extremely doubt
ful , and If Kentucky does ho will represent
nothing but a barren idoalty. Inside In
formation will probably reveal the fact that. ,
the noble and holy order has to-day less than '
ono hundred thousand members in good
standing. Verily , tbo Knights of Labor has
ceased to bo a factor in tbo solution of the
labor problem.
COL.LiAM'8 FOHGEHIKS.
Ono Hundred and Twelve Notes
Ailoat in Minneapolis.
MINNEAI-OLIS , August 8. The stupendous
series of forgeries committed by J. Frank
Collam Is still tbo reigning sensation in Min
neapolis. Fresh developments are coming
to light every hour , aud to-night it is known
hat upward of 112 forged notes are afloat In
this city. In spite of the odor Is of his cred
itors to glvo the Impression that ho is not
guilty of the gigantic forgeries with which
ha is charged , Collam was arrested late this
afternoon ucon a warrant sworn out by F. F.
Davis , attorney for Mr. Blnlsdcll. If Blals-
dell never had any Intention of forgiving
young Collam the wrong ho had done him ,
the old gentleman bas given it up now that
be has seen Collam's willingness to lend him
self to the schemes of his creditors to defraud -
fraud Bluisdcll.
JOHNSTOWN MATTERS.
After the South Fork dialling Club A
Girl's Body Found.
JOHNSTOWN , Pa. , August 8. A meeting of
business men was held this evening to take
stops towards determining the liability of the !
South Fork Fishing club for the great dis
aster. Committees were appointed and
funds will bo raised to help make the suit of
John Thomas & Son against the club a test
one. The body of a fifteen-year-old girl was
found near the business part of Main street
this evening. It was covered with ground
nnd remarkably well preserved.
Boulnngoi's Trial Common cos.
PAKIS , August 8. The trial of General
Boulangor was begun to-day before the high
court of the sonata. Tbo military guarded
the court. M , Hoohefort and Count Dillon
were described by thu procurour goneial as
accomplices of General Boulangcr. Count
Dillon , ho said , had boon expelled from the
army and was worthy to participate in dis
loyal plots. Immediately on the conclusion
of the procuruur general's address the right
will question the competence of tha high
court to try the defendant.
Pat Klllcn Arreslod.
SAN FIUNCISCO , August 8. Pat Killen ,
who is soon to fight Joe MoAullffo , was ar
rested at a variety theater last night while
giving a sparring exhibition with Prof. An
derson , of Chicago. Anderson , Madden ,
Pope , Goading and several others were also
arrested. They were released upon deposit
ing (50 each. The chief of police ordered the
arrest of the party because Killen offered to
knock any man out In four roundb or forfeit
tlOO.
Thn Grout Junanusa Flood.
SAN FJUKCISGO , August 6 , Tbo Japan
Gazette , received by the steamer Arabic ,
says about one hundred persons were
drowned , 1,200 houses swept away , and
about twenty-live liundrnd acres of culti
vated land seriouslv damaged in four of the
seven cantons which suffered the most finin
the overflowing of tha river Chikuco , in
Fukuokoken , by the recent rains. Uulicf
funds huvo been started In various purls of
the empire.
On the Trail of Train Hohhni-N ,
SALTLAKU , Utah , Augusts. Superintend
ent Bancroft , of tbo liio Gratuio , has re
ceived a dispatch from Deputy Marshal
Franks , dated Thompson Springs , Miylr.g
that tbo truil of the traip robbers hud boon
( truck by thn bounds and their capture wns
certuln. Two of thu robhcrs uru nuppuud to
bo HUKOU und Emumoii , formerly railroad
hands ot Denver. One of them has already
served a term in the Colorado penitentiary at
Canon City.
Intrudes MiiHt Keep Out ,
WAMIINIUO.V , August 8. Secretary Noble
has requested tbo war department to take all
necessary steps to keep Intruders from the
Sioux reservation. This action wixt taken In
anticipation of the rush of sovtlcrs , now that
tbo suuccis of tbo Sioux coaitai'islou it us-
A SENSATIONAL DISPATCH
A Report That Dudley Will Do Arrested -
rested En Bouto to Mllvmulcoo.
DENIED BY COMMANDER O'DELU
Tnnnor Will Not Ho n Candidate Ibr
Conititnndor-lifChlor of the O.
A. 11. I3x-Covoriior ! Algor
linn the Load.
WASHINGTON BUIIKAU , TUB OMUIV BCB , )
613 FotiiiTniJXTii SniKttT. }
WASHINGTON' , D. C. , Aueust 8. 1
Ascnsational dispatch appears In thopauora
to-night , having oomo from Indianapolis Vy
way of Chicago , to the ofTect that an effort is
to bo made to arrest Colonel Dudley whllo
ho is on his way to uttoad the Grand Army
encampment at Milwaukee. Commander W.
S. O'Doll , of the department of the Potanmo ,
Grand Army of the Republic , In apoakluR of
this mutter to-night , said :
' Colonel Dudley will go to Milwaukee as
the guoat of the department of the Potomac.
No attempt will lit ) made to molest him lu
the state of Indiana. He will bo accom
panied by Commissioner Tanner aud bocro-
'
tary Rusk and other gentlemen. It Is probn
bio that ho will make n sucoch from thu train
nt ono or moru places InMdo the state of
Indiana.
TIII : o. A. H. r.i.ucriox.
A great deal of Interest Is being taken here
In Grand Army clreloa over the forthcoming
election to bu held at the annual encamp
ment of the Grand Army at Milwaukee , it
was supposed for some time that Commls-
Blonor Tanner would bo a candidate for the
post of commiindor-ln-clilof , but It is an
nounced on oed authority now that the
commissioner has decided not to permit his ,
iiatno to bu used , owing to tils oflicinl posi
tion. Whllo there is understood to bo sev
eral candidates in thu Held for. the Honor , it
is the current belief hero that , with Tanner
out of the way. ox-Governor Algor , of Mlchl.
gnu , has the lead , aud it is thought that lu *
prospects for election are brighter than these
of any other man ,
NKI1IISKAAND IOWA POBTMAfiTnUS.
Nebraska Alexandria , Thayer county , W.
D. Whitney.
Iowa Burt , ICossuth county , J. N. Eas
terly ; Coloma , Marlou county , F. M. ICerr ;
Eagle Center , Blacknawk county , Martha.
E.Vilson : Edna , Lyon couutv , C. F. Smock ;
Hartley , O'Brien couuty. Lemuel Miller ;
James , Plymouth county , Fannie R-Clanory ;
Lakovicw , Sioux county , William Hamilton ;
Piano , Appanooso county , E. A Grist ; Rat-
cllfTe , Hardln couuty , Alonzo Garrison ;
Rock Valley , Sioux county , G. D. Harring
ton ; Sutherland , O'Brien county , C. E. Ac-
horn ; Ute , Mononn county , A. J. Patrick.
WHY .Mtiawu.Mi's DON'T LIKE HIM.
Ono of the reasons why Commissioner
Tanner is so obnoxious to thu mugwumps is >
that ho tius a direct straight forward way
about doing business. Ho docs not make it
necessary to prove offensive partisanship m
order to secure the removal of un Incompe
tent utan or of ono who was appointed by
the last administration after the cold
slaughter of an ofllciimt republican. A
sainplo of Mr. Tanner's method was given
yesterday when a newspaper man called on
him and the commissioner asked if ho
wanted to see the wheels go 'round. Ho re
plied that ho did. Mr. Tan
ner called his stenographer over
to him and dictated a letter to.
the secretary of the Interior ID
which hCTocommended the dismissal of Cap
tain William Smith , principal examiner , and ,
the appointment lu his place of Mr. Christian
Excl.of Minnesota. Exotyuul been chief of this.
division , and was removed on two weeks'
notice under Mr. Black. Mr. Tanner sug
gested that Smith bo given two weeks' no
tice In the same way , uiirt that Mr. Exel's ar-
polnimont take effect at the expiration of
this period. The appointment will probably
bo made to-morrow.
TKU A11ID LANDS CIHCULAll.
The circular which lias been expected for
soinn time In relation to the filings and set
tlements ou arid lands in the regions where
the government pi oposcs to erect irrigating1
lakes , made its appearance to-day. Acting II
Qoramissioner Stone Htatcs that the act of
last j ear gave the secretary of the interior
the right to reserve from settlement such
lands us might bo needed for this purpose.
The acting commissioner says : "Tho ob
ject sought to bo accomplished by the fore
going provision is unmistakable. Thu water
sources aud tbo arid lands that may bo irri
gated by tbo system of national irrigation
are now reserved to be hereafter , when re
deemed to agriculturotransforred to the people
ple of the territories m which they arc. ltu-
atcd , for homesteads. The act of congress-
and common justice require that they should
bo faithfully preserved for these declared
purposes. The statute provides that all
lands which may hereafter bo designated or
selected by the geological survey as sites for
reservoirs , ditches or canals for Irrigating
purposes , and allilands made susceptible of
irrigation by such reservoirs , ditches oncanj
nls are since the passage of auld act obso-
utcly reserved from sale as property
of the United States and shall not bo subject
after the passage of the act to entry , settle
ment or occupation until further provided
for by law , or the president , by proclama
tion , may open said land to settlement.
Neither individuals nor corporations have a
right to make iilitiKa upon any lands thus re
served , nor can they bo permitted to obtain
control of the lakes ana streams that uro
susceptible- uses for irrigation purposes.
You will therefore Immediately cancel all
filings uiauo since October 13 , 188S , on such
sites of reservoirs , ditches or canals for Irri
gating purposes and all laud that may ba
made suscouUblo of irrigation by such reser
voirs , ditches or canals , whether made by In
dividuals or corporations , and you will heio-
uftor receive no filings upon any such lands , "
Tills circular Is of particular Interest to
the state of Nebraska and the territories of
Montana , Idaho and Wyoming. The object
is to prevent filing upon all these lands at
the head waters of the stream from which
the irrigation supply is to bo taken , .A few
weeks ago there wns a report telegraphed
from the west thut such tilings bud been
inadn by the wholesale , the object being to
prevent the government from securing the
necessary lands except by paying exorbitant
prices.
O. J. Pembcrton , of JelTerhon county ,
Nebraska , who was recently appointed spe
cial agent of the general land ofllco , ana who
has been In the city for the past week , has
been assigned to Portland , Ore. Mr. Pom-
borton leaves the city Friday evening. After
two days at homo ho will proceed to the
coast to enter on his duties. Mr. Pember-
um'H assignment to the Paoillo place * both.
the special agents from Nebraska on tha
coast , as Mr. A. B. Ball has Uready started
for Washington territory.
The occrutary of the treasury bus ap
pointed David I. Finch storekeeper and
nunger In the Fifth Illinois district.
Among thu appointments made to-day was
that of .Samuel L. Taggurt , of Iowa , chief of
division in tue pension uf.lco.
'The Wonthcr PorocnMt.
For Omatmaud vicinity Fair weather.
For Nebraska Showora In northeast , fait
m northwest portion , cooler In southern
warmer In northern portion , northerly wlnds
For Iowa Threatening weather and BUOW-
ers. illn'htly colder and variable winds.
For Dakota Fair , except local showers in
southern portion , slightly warmer , northerly
winds becoming variable.
TroiiHiiror'n Vlllnlny.
MANKATO , Minn. , August 8. [ SpecialTola-
gram toTiiis HUK. ] , Henry Kuscl , the vll
lago treasurer of Minnesota Lake , disap
peared July 3 , and un examination of hli
books to-day shows that ho IB t2WO short.
Ho Is also guilty of a much tnnre orioun
crime. When ttls wlfo was told to-day of hla
defalcation she burnt Ints learn and said ha
litul run uwav with her sister , Miss Mlunla
Cutubort , u girl uot vet sixteen yc r of g *
