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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (May 28, 1891)
r THE OMAHA4 DAILY , \ TWENTIETH YEAE. OMAHA , THURSDAY MORNING , MAY 28 , 1801 , NUMBER 339. Thousands Thronging to Hear the Argu ments in the Sliced ; Case. ELOQUENT WORDS FOR THE DEFENSE , for tlio Accused Wi'innti U'nn n Murder Committed ? Will I'r.ilmbty Go to the Jury Tom rrow. Nob. , May 27. [ Special to TUB The oratory of the opposing attor neys In presenting their arguments to the Jury In thoSheedy murder trial has prjvoJ a greater attraction than tno taking of testi mony. The great court room , ampla for al most any extraordinary occasion , can accom modate only a fraction of the crowd that seeks admission to listen to the speeches. Every available foot of spice both insldo nnd outside the forum is occupied , and the crowd In the corridors look enviously at those who have standing room Insldo the court room. Some of the leading ladies of the city h.ivo been in attendance. Yesterday and today many of the fair sex stood up all the time , glad to got admission Into the court room , nnd eagerly drank In the eloquent passages in Iho speech of.Attornoy Hull , laughed nt Mr. Steams' drolleries und smiled nt Colonel Phlipot's wit. At 0 n. m. Mr. H. D , Stearns resumed his argument before the Jury. Ho denied the statement of Mr. Hall that crime decreases In the ratio that It Is punished. Ho gave statis tics showing that in tha tlmo of Blnckstono , when there was a callows on almost every square in London , there was moro crime than there is now. Ho then denied that John Sheedy had died like a dog , and declared that ho had every care In his dying hours that kindness nnd love could devise. Ho denied thnt circumstantial evidence is sometimes the strongest evidence. He declared that some of the greatest mistakes over' mndo have oc curred through circumstantial evidence. It Is the most unreliable testimony In the world. There have been hun dreds nnd hundreds of Judicial mur ders committed throucn that evidence. Two or tbrco cases were cited In which" per sons have been hung for murders of which they were not guilty , J ust because of the cir cumstantial evidence against thorn. "Thero has been something said about poison , " ho continued , "but I do not see how you can consider It in the face of 50 much conflicting to .tlrnony in regard to it by the physicians. It they thought nt the tlmo Sheedy was dying that ho was suffering from morphine poison ing why didn't they administer to him the J ippllnnces that would glvo relief ? The whole / thing has been concocted bv the prosecution. They nro all after tno'noy. The doctors didn't believe that It wan morphine poisoning. " Ho then proceeded to ridicule the physi cians who were put on the stand , insinuated thnt they were Igno rant of everything In their busi ness except that relating to morphine poison ing. He'further intimated that they had all been trained by Lurnbertson for this special caso. "What nave vou , " said ho , "to huso a conviction of Mrs * Sheody upon ? Simply be cause she know Walstrora , because she went over to Mrs. Hood'gDnco ana told thnt lady that she arid her husband had had two spots. Is It possible that you will convict a pure , noble , hiuhmlndod woman as Mrs. Shoedy Is on such Jllmsy evidence us that ? I think that Him can Und an asylum In your Justice. It is your duty to Dry open the p'rison doors with your verdict nnd lot this innocent woman frco. You should do this quickly. Mrs. Shnedv Is as innocent ns the new burn babe. Whether Monday McFarland Is guilty or not it does not aflcct Mrs. Sheedy. " Colom'U. E. Pbilpot then followed. Ho first sturted to give n brief biography of Monday McFarland , stating that the negro was borrr of slave parents In Kentucky in April , Ifcfll. At this Juncture County Attorney - noy Snell objected to such a statement being symdo , because it hod not been brought out In ulonco , The court sustained the objection nnd the biography suddenly ended. Pbilpot then said : ' 'However much , " gentlemen of the Jury , "you may wish to use the confes sion , it Is your bouuden duty not to regard It unless It Is proven that it was voluntarily given. The court has relegated to you the responsibility of passing upon the competency of that confession ns evidence. When wo came to cross- examine Kinney , a witness for ttio stnto , ho proved to bo our stroiigest wit ness. He testilicd thnt Jim Mnlonc had been with Monday McFarland an hour nnd a half i on tha morning of the confession. What was clonout that tlmo t You can trace the soi'D- cnl'a trail throughout the confession. They worried him for two hours and ng.iln about noon. The major and marshal and Jim Ma- lor.o were thero. Malonoltho astute Caucasian. Alter two hours' work with him they failed to extort from him what they wanted nnd nculnthey applied the thumb screws to him. " The colonel then proceeded to read several of the questions put nt the tlmo of the main confession. Among thorn were those : "Nothing will save you but telling the - truth. " "If you want to bear the brunt of the whole thine Just stop whcro-you nro. " The colonel then proceeded : "Gentlemen of the jury , can you go to your Jury room and dooldo thnt this confession was lvcn freely < md voluntarily ! Nay. What nro the lost replies of the negro ? 'You have per suaded me to toll. ' 'You told tno 11 wo rid bo bettor for me to tell tno whole stoi i Phllpot then dared Lnmbortson In tno face of the manner in which the confession was secured to prove that it was not secured through duress and promises. Ho then tucklcd Dr. Bonchley , declaring that thnt physlcinu didn't even know the names of the Ixmes of the head until they were put Into his mouth by Attorney Lamuertson. Ho then declared that Dr. Casobeer , the man who conducted tbo autopsy , was a tyro in his profession nnd ho was the lust man who . . . should have been entrusted with It. "This itllow , " said Philpot , "didn't know where the arbor vita.1 , an important part of the cerebellum , was. Ho did not know the length of the medulla oblongata. The prose cution know thnt they didn't hnvo evidence enough aud they hired ghouls for gold to dig up the body of the dead man without tlio knowledge of the coroner. Portions of the body were turned over to exports for gold. When Dr. Wlnchctt was on the stand ho ad mitted that when the body was taken up the first time for an autopsy no examination was nitulo of tbo contents of the bladder and the kidneys. Those i\ro the places to look for truces of morphine poisoning , nro thsy notf Then why didn't they look ttoro ) They didn't know enough to ao so until the proso- cutlon told thorn to do so. Mr. Hull stands up here and looks aggrieved that anyone Btrould chnrgo thnt they are working for gold. But the Slioedy estate amounted to $75,000 and this is what creates the keen desire for the prosecution of this case. " At this point Mr. Jensen , ono of the Jurors , was tnkon suddenly 111 and the court had to adjourn until afternoon , although it lacked an hour of noon. At 2 p. m. Colonel Phllpot resumed hit ar gument. Ho sold : "Tho prosecution would have you believe that Monday MoFurland was the man who fired at John Sheody a week before tUo final assault , . But Mrs. Hosmnu swears that thn man who ilred at John Sheedy was a white man. Her husband saw the man more closely. He says thnt the man was a white man , were a cap with a visor and bad a brown overcoat. In the alleged confession U Is stated tbat Monday had on a slouch hot and did not hnvo on nu overcoat. The story about tbo attempted shooting of John Sheedy , , - < was detailed In full In all the newspapers and bow easily Monday ctuld have manfacturcd the tory , but ho would fall down w lion tie came to the dt-sorlptlon of the dross of the man who Ilred tha shot. But the fact is that the story \vai put into his mouth through adroit questioning. The prosecution would have you bcllovo that there were oalv throe " " " ' , tn Shocdjr wsldouce the night of the assault. Wo say thnt there were four. .According to the testimony of Mrs. Dr. Wood , the blind was up nil the tlmo until after tbo assault. This Is the converse of what the prosecution claims that the blind was down until Just before the assault , when It was raised. When Mr. Mays heard the Jlfth shot llred he testiilod that ho saw two men running , ono to the east around the house and the other on the > wcstslda of the house. The boys , Currlo and Hitchcock , sny that they saw two men running south on Twelfth below the alloy. The two fugitives could have mot nt the alloy and run south. Sue how tbo prosecution has so'ight to bruik down the evidence of this boy. The only thing that they hnvo disproved Is thnt ho did not see a patrol wagon , This Is a very small matter. In no other way have these boys crossed themselves. What strengthens the testi mony of Matthew , Mark , Luke and John concerning the Savlorl It Is because their stories are not exactly allko. Mrs. Sheedy oucht to bo hero today not as a defendant , but to prosecute the murderers of her hus band , why uro you attorneys on the de fense put to tbo extremity of proving an nllbi for Olouson , tbo gambler ! By whom do you prove it ? By a partner of Oleason. But the men who committed the deed could hnvo committed the crime and gotten back where they were when they were seen Why did John'Sheedy hire Ab Carder to protect him I To watch Monday McFarland ? No. What did John Sheedy say after ho was struck that McFarland struck him ? No : that it was the larger man that struck him. Now when you go to your Jury room the first thing you nro to consider Is the competency of the con fession ns evidence. If It was extorted by undue Influence remember it Is to have no bearing whatever on the case. The prosecu tion called your attention to a certain discol oration of the suull , This discoloration might hnvo been cnused by a slight clot of blood after the body had lain In the grave for four months. Further , gentlemen of the Jury , when this poor negro came Into the court , freed from the Influences and fears of the sweat box , ho would not forfeit his man hood by causing this Innocent woman to suffer for a crlrno of which she Is not guilty. " Mr. Jcsio Strode , attorney for Mrs. Sheedy , followed. Ho declared first that the only reason the prosecution had for ar raigning Mrs. Sheedy was because they were after the money that was In it. If John Shccdv had died a noor man. hn In. sisted that there would not have been any prosecution. lie commenced his talk in a gentle , sympathetic voice nnd said that he h'ld wntcliod the curl of scorn upon their faces as the prosecutlop had proceeded. In the press , ho declared , there had been some of the "most damning lies thnt could bo con cocted by newspaper reporters. " Ho then said ho would refer only to Snell , because Snoll opened the argument und the other at torney tiad merely reiterated what Snell had said. Ho rixt declared tbat the first violator of the law whom he know of when ho came to this city was John Sheody. John Sheedy was a gambler. "There has been many a homo , " said he , ' in which the actions of John Sheedy has caused ruin and sorrow because of the busi ness In which ho was engaged. " The speaker then roferied to the fact that Mrs. Cell , who testified that she had often seen Monday McFnrland standing on tha corner of Thirteenth nnd P before the as sault , was an enemy , and to Monday McFar land. "Tho " ho continued " prosecution , , "spenks of n number of witnesses whom they sny wo didn't put upon the witness stand. Dennis Sheedy. sr. , loft on the pretext of some tele gram of 'importautbusiness | , ' 'family sick,1 or some such Invention. Denni * Sheedy , Jr. , the young man who was nt the Sheedy resi dence almost constantly for two years , and who was at the Shoedy homo all the night following the assault , has not appeared. Why did ho not appear ! Ho has been spirited away. " Mr. Strode then commenced to tell about a trip that young Dennis Sbccdy had taken to Wilbur , ' .tr. Lamberlson objected and the objection was sustained. This angered Strode and ho declared bitterly that Lam bortson nnd his co-counsel had received money collected from the gamblers to give to Mrs. Sheedy. "It does not do for Lambert- son and Hall to talk about charity , " said ho. This made Lambortsou's eyes ifash flro for the first time , and ho retorted : "And it does not do forthis gentleman who got this money from the gamblers to talk In such a manner. " Strode eot pale nnd angrily replied : "Did Anna Hndenstcln , the domestic , testify as you wish I" "Of course she didn't , " Lambortson thun dered , "you bribed her to keep her mouth shut ! " Penis of laughter followed nnd the court called tbo crowd to order. The Judge then said : "Gentlemen , wo will have a straight argument ot this out of the evidence. If yea depart from It again I will have to fine you. " Strode then Intimated that all of the prop erty that John Sheody possessed at the tlrno of his death had been acquired slnco his mar riage , nnd then , turning to Lambcrtson , do- innndeu If that was not true why the prose cution hod not proven that It was not. "Wo didn't need to , " replied Lambertson , "wo had Monday MeFnrlund's ' confession to that effect.1' "O , Monday McF.u land's confession I Don't you know that It Is not to co In as cvi- dcnco ns fur as It concerns Mrs. Shcedy ! And yet you have tried to use it as evidence. " Mr. Lnmberston smiled nnd said nothing. Mr Strode then proceeded to tell how Air. Sheedy had nt ono tlmo corrupted the city council with money. Mr. Strode next showed thnt the only evi dence nirninst Mrs. Sheody was the - confession sion of Monday McFurl.uid , nnd this , ho de clared , could not go in us evidence. Ho then nnlrmcd that tbo prosecution hud npokon of clandestine meetings , but there were no meetings testified U except the two at the Carpenter residence. That criminal intimacy witfi Walstrom had been assorted but not ovcd. There were no evidences ofcon- i , iraey. The curtain signal hud not been proven. Ho next dwelt at some length on arguments proving tbat the confession had boon extorted from Monday McFarland. Ho rend questions frotn the confession to prove this. He then exclaimed : "Who had scared Monday McFnrlnnd ? Who had made htm believe that there was u mob coming I Who extorted the confession ! Jim Malone ! If what the mayor , the mar shal nnd other witnesses pioicnt at the con fession boy uro true , how can vou use thn confession In evidence ? Wo asked Kinney If ho did not say to Monday on that Sunday that If ho told who the other parties were who * ere commoted with him In the crime It would tro easier with him ) Ho an swered'no. ' Why didn't they put Jim Mo- lone on the witness stand again so that w could cross-oxnmlno him ubout this matter. " "Why , Mr. Strode. " Interrupted Mr. Lambert-sou , "wo did put Malone on the wit ness stand again , and you not only had a chance of uross-exiimlning him , but you did so. " "I bellovo you nro right , " said Strode , and then proceeded : "Now , gentlemen of the Jury , before wo can consider ttio second confession , wb must have positive proof that the Influences used to secure the first ono hud boon ] re moved. " The speaker then showed thnt after the negro hud been questioned for about an hour and twenty minutes nt the second confession , ho declared that ho hud had nothing to do with the mur der of John Shoedy and attempted to throw the entire blame on Mrs. Sheedy. This , Mr. Stroilo declared was evidence that the negro still feared the mob at that tlrno and was try ing to shield himself. Thu speaker then de clared , after rending a number of the ques tions In thu confession , thnt n confession obtained In such n manner could not bo n free and voluntary ono. Ho dwelt on the fact that every tlmo n confession was mndo JIui Mulono was present. Ho impressed upon the minds of the Jurors the fact that if there Is a doubt whether or not Monday M.'Fu : land was sworn ut Iho tlmo of the coroner's Inquest that the confession should not be con sidered in evidence. Said ho : ' 'Toko tbo confessions out of the case and nothing Is loft to prove that Monday McFarland murdered - dored John Shoody except the cnno , and that has been poorly Idouthlcd. " Court then adjourned until 0 n. in. tomorrow. Mr , Strode will continue his argument to morrow morning nnd will bo followed by Mr. Lumbemou on behalf of the prosecution , which will closa the arguments. Tbo case will probably go to the Jury sometime tomor row afternoon. NEBRASKA'S ' HONORED DEAD , Last Sad Bites Over the Remains of Ex- Governor Butler. FRIENDS PAY TRIBUTE TO HIS MEMORY , SnuceNsfnl Applicants Tor I'orrnits Farmers with Money nt Intel-cut Hulldli'iK a Paint Factory. PAWXEE CITT , Nob. , May 27. iSpeclnl Telegram to Tun Bun. | Ex-Governor But ler's fnncral today attracted the largest attendance - tondanco of sympathizing friends of any ever held in southern Nebraska. The funeral procession was moro than ono and a half miles long , and it was estimated there were over three thousand people at the cemetery. The services at the house were simple and Impressive , balng conducted by Hov. O. H. Dovry of the Christian church. Pr.iyer was offered by Uov. D. H. Dungan of Cottier uni versity , Lincoln. Tno funeral was conducted by the Masons with O. M. Humphrey master of ceremonies. The procoislon was met at the cemetery by a largo concourse - course of people and the Pawnee military band. At the grave beautiful and titling tribute was rendered the dead by President Dungan , Uoverr.or Thnyor and Judge O. P. Mason. The floral tributes were many and beautiful. At the grave the casket was opened and the people were over an hour taking the last look at Nebraska's honored dead. A special train from Lincoln brought a largo numb.ir of state ofllccrs and other prominent citizens , and all neighbor ing towns were represented by friends of the ox-governor. Ho leaves a wlfo and four children , the youngest about fourteen years old. Successful Applicants. BKATIUCK , Neb. , May 27. [ Special to TUB BBC. ] Following Is a list of the successful applicants for druggist's permits who were examined before the stnto board of pharmacy yesterday : B. F. Brcndal , Murray , Neb. ; W. W. Brown , Tokamah , Nob. ; D. S. Den- yon , Burwcll , Nob. ; William Bulow , Wako- fleld , Nob. ; O. W. Bullard , Beaver Cl'y , Nob. ; W. D. Cole , West Union , Neb. ; M. P. Dawson , Edjar , Neb. ; E. Fosselman , Filloy , Neb. ; W. H. Keoney , Campbell , Neb. ; Isaiah Lukens , Herman , Neb. ; I. W. V. P. Mercorau , Dunnintr. Nob. ; O. U. Ncwnll , Hebron , Neb. ; E. E. Reynolds , Uock Blurts , Neb. ; J. O. Hodwell , Lincoln , Nob. ; Harry D. Uugg , Harvard , Neb. ; J. H. Homsbarg. Hod Cloud , Nob. ; Ed "Fanner , Battle Creek , Nob. ; D.m J. Thompson , vVcst Point , Nob. ; John M. Wilson , Harrisburg , Nob. Today's proceedings of the State Pharma ceutical ns'snrhitlnn were stmnlv formal and included the reports of o dicers and commit tees. In the afternoon the visiting druggists were given an outing at the Chautauqua grounds , and the day was given over to music and athletic sports , which wore enjoyably - ably participated in by many of the visitors. In the evening the visitors were treated to nn excursion on the Blue on tbo steamboat Queen of the blue. Robbers Foiled. DoitcnrsTEir , Nob. , May 27. [ SPCC'U1 ' to THE BKC.J Edward Jones , a wealthy farmer living three miles south of town , was a vic tim last week of a plot to rob him of a largo sum of money , but it proved unsuccessful. The scheme was worked by three men , two of whom first came to Mr. Jones' house and introduced tuemsolves as Major Logan of Omaha ( real name unknown ) and the other ns n lawyer from the same place. They stated that they were in search of a good farm to purchase. Mr. Jones kindly showed them over dls farm , which they expressed them selves as lilting very much , but In addition to the 400 acres that Mr. Jones had they would like also to purchase the adjoining eighty aero farm belonging to Mr. Tigcurt. It was fin dlv agreed that if Jones would purchase the Tiggart farm that Major Logan would them pay $10,000 for the two farms , and the two men then departed with the understand ing that they would return tbo next morning ut 0 o'clock to complete the deal. Trim to tbolr word the two mon returned and Jones got Into the buggy , a two seated rig , with the lawyer and came to town , where ho drew from the bank $ . ) ,000 In gold , the ban ker putting the money In two bags , with which ho was to purchase the Tiggart farm. They started for home , and when they got to the bridge , about one-half mile from the house , they were mot by Major Logan , whom they had loft at the farm , nivl another fellow whom Jones had not scon boforo. The two footmen at once climbed into the buggy and before Jones could prevent it the stranger bad grabbed the two bags of gold und Jumped from the buggy. Jones at once sprang uftcf hjm and crowded him uo Hgnlnst n > wire foncol when the fellow pointed a cocked revolver at Jones' head and warned him not to como closer , but Jones , though a man fifty-six years of ago , had had too much experience in the mining camps of California to bo frightened nt tho' sight of a revolver , and so , with un flinching couraco and a determination to re gain his money , ho sprang at the thief and succeeded In getting the money away from him. Tbo other two fellows took no nnrt In the encounter and claimed after It was over to have bad no connection with the third party , but Mr. Jones bays It is "too thin" and ( s satisfied they had. The Von UK I ady Discharged. FUGMOST , Neb. , May 27. ISpoelal to Tun Ben. I DIstrkt court for Dodge county Is In se : > sioi > here this week. Ono of the llr.st cases to coinn up was that of tbo state against Miss Flora Leech of Bcnnington. It was disposed of by being dismissed without trial. Miss Leech some months tigo created a sensation hero by shooting at William Patterson , who narrowly escaped falling n victim to her wrath , the shooting tuning place In a drug store. Pnttcr.son and Miss Leech had been engaged , but ho had Jilted her , and she chose her own method of showing her displeasure. She was arrested and hold under bonds until released today. - _ KnlghlH of PythliiH' Pluiilo. PALIS CITV , Neb , , May 27. ( Special to TIIKBKB. ] The Knights of Pythias of this city and surrounding towns held a picnic hero today which was a great success , Hop- resentntives were present from Lincoln , * Auburn , btolla and Vordon. The Lincoln division arrived on n special train. Congress man W. J. Bryan was present and delivered an Interesting address. The rest of the pro- crammo consisted of a prlzo shoot , boat rid ing , music , und a minstrel performance in the evening , Star unicorn. OMT.OH , Nob. , May 27. [ Special to Tun BEC.J Last night the oruer of the Hastem Star had its election , and the following were elected ! Sister E. J. Scott , W. M. ; Brother H. A. Scott , W. I' . ; Sister M. E. Suunders , A.M. ; Sister S. Whalov. C. ; Sister L. J. Blowers , A. C. ; Sister M. J. Coupling , sec retary ; Brother N. C. Fey , treasurer. Helling Mini > ! \\ltlioiit MUCIINO. PiBiici : , Neb. , May ! 37. [ Special to Tim BEB.I The coses of the state of Nebraska vs J. H. Uiley and C. F. Lowell for selling liquor without llconftu have been tried , Ulloy was acquitted , hut Lowell was found guilty. A Jury Is now being secured in the case against Leo Pointer , charged with assault with intent to kill. Found Not Guilty. GMEELT CBNTBII , Nob. , May 27. [ Special Telcgrau. ' to Tiui BEE.J The Jury rendered a verdict today ot acquittal < in the case of Henry Wright and Walter Ewhig who were charged with assaulting Ida , Uagland , a fourteen-year-old girl. Tna young men ad mitted on the wltnei * qlanii thnt they com mitted the crime , but not without her con sent , The girl was cen urodif6r her conduct aa the young men go free. | A Good Financial Showing. FIIEMOXT , Nob. , May 27. [ Special to THE DEB. ] The Dally Tribune this evening pub lishes the result ot an investigation It has Just mudo in the matter of ascertaining the amount of cash the people of Dodge county had in the twelve banks of the county on Juno 4 , the data on which the flvo national banks were called upon for their published statements. The result Is of general interest slnco It snows an unexpected diffusion among the people of cash in 'the banks subject to check. The total amount on deposit in the county was $ I,4CO,744. Of this amount the 10WO ! persons living fn the Incorporated towns of the countv nro credited with f8.- ! ( ! 4H ( , an average of $ SO per capita , while the 8 , ! > 00 living outsldotheso towns ( the farmers ) had on deposit ? ( SiO,2Sl ; , or nn average of $71 per capita , the general average of the county being 57(1.40 ( per capita. The force of this cx- blblt is bettor understood when it is consid ered thnt the volume of the circulating med ium in the United SUtes amounts to $ .M per capita , or loss than otic-third the average amoui.t subject to the ready command of the people of this county. for a Prlnoncr. O'Nnu , Nob. , May 27. | Special Tele gram to Tun BEE.J Sheriff Glfford of Fall Uivcr county , South Dakota , accompanied by Attorney Fry of Hot Springs , arrived hero this morning to arrest' H. II. Dtckson , for whom requisition papers , were issued a few days ago. DIckson's attorneys were ready for trial today on tbo habeas corpus proceed- Incs , but the Hot Springs people objected to the case coming before the county Judge and agreed to appear before tJudgo Kinkald to morrow. Tbo matter was supposed to have been scottlcd , but Just before train time Glf ford and his attorney wont to Dicksou's olllco and demanded that ho should accompany them to Dakota , which he refused to do. Fry ordorooVOIlTord to take him , but the deputy sheriff of this county apDcarod on the sccno and ordered thorn to desist. Portland cement nt Nlohrarn. NioiiiiAitA , Neb. , May 27. [ Special to THE BEE.I For the past year negotiations have been going on between Ynnkten speculators and parties owning the chalk stone bluffs op posite hero for options on the land with a view of disposing ot them to a cement cor- oratlon. Samuel J. Hoyt , who now resides at Halsted , Bowen county.iNeb. , last winter gnvo an option on 100 aires on which the cement plant would bo established , and then wont quietly to work with a company in Milwaukee and sold it for $8,500 cash , sub ject to the option , the deal having boon closed last week. Those challc * stone bluffs , known by geologists as the "Nlobrara formation , " ore tha same as those about Yaukton and Nlobrara , and furnish the * material for the celebrated Portland cement , For the Pnliii Fautory. . Nob. , Mnv 37. [ Special Tele gram to THE BuB.JTodhy the sod was broken for the erection of the paint factory at the ochre mines in this clace. It will have a capacity of grinding twenty tons of ochre per day and will ba In operation In loss than six months. Ind'.anola has furnished all the bonus asked of th < $ Gamer , Brown & Friend oalnt compahy of Chicago , which has the affhTr in hand , t.- . . No Cause f > jrj > iftplcion. . * HAY Srnixos , Neb. * , AJiJrJ27. [ Special Tele- " pram to TiiK-Btis. ] The "Vonialus of Miss Tracie Kitzbarger arriyei hero from Chicago yesterday morning ; The coroner hold nn In quest &t the request of her father. Ho claims her death was caused by abortion. The Jury brought in a verdict no'cuusc for action. fLE&Tr HOUSES' UEVEXSE. Evidciioo Introduced to Justify Casey's Murder. Sioux FALLS , S. D. , May 27. [ Special Tel egram to Tun BBE. ] The event of the Plenty Horses trial today was the testimony of Frank D. Balowin , member of General Miles' staff. Ho appealed for the defense and declared that Casey was a scout , whoso solo duty was to report the movements of the enemy , and that when } ho proposed to hold a council with Uod Cloud and other chiefs ho exceeded his authority. The im pression left by Baldwja's testimony was that a Uorco war of maenlflcont proportions raged nt Pine Ridge , mid fiad it not been for the military display made by General Miles the trouble would stilt tib raging with all Its fierceness. The object to bo gained was that If war raged aud Casey was a spy , then Plenty Horses was Justified in the killing of the lieutenant. Plenty Horses still retains his wonderful nerve , and although hq Understands every thing going on he gives no Indication what ever of his feelings. II. O. Pngh , Issue dork , testified that ra tions were issued by the war department to the band to which the prisoner belonged after the surrender of the No Water camp. Living Bear , father bf Plenty HOMOS , has not yet arrived , but it lJ ! thought ho will reach tbo city by tomorrow. Llvin < Bear's non-appearance is one of tbo strange features of the case and it may bo possible that the trial will not bo ended tomorrow on Living Bear's account. AVorld'8 Fnlr Convention. YAXKTON- . "D. , May 27. [ Special Tele gram to THE BEE. ] The world's fair conven tion of South Dakota was organized at 8 o'clock this afternoon In this city. Three hundred delegates and visitors are present. The multitude comprises the loading busi ness men and financiers of the state. Hon. Joseph Hurst , chief of the department of in stallation of the world'-s fair , and H. A. E. Dorr , chief assistant to Mr. Hurst , addro.ssod the convention. The plai $ for raising funds which seems to meet thp most general ap proval Is to have counties' appropriate ac cording to their last assessed valuation , the management for the state to bo placed In the hands of a commission of twelve men to bo selected by the people of thn Judicial circuits of the state. At U o'clock (411s ( afternoon the convention adjourned to await the report of the committee on resolution * . Damages flult. Dr.Miwoon. S. D. , Miy'Sf. [ Special Telegram - gram to TUB BEE.I In $ the circuit court today the trial of the case of John P. Boldlng vs the Black Hills A : Fort Pierre railroad was commenced. 'Iho s'jtt Is ono for $30,000 for the accidental killing * fy Merrltt Judson Holding while rldlncc.on mi excursion train on the defendant's railroad' September 1J ! , 1WO , and is brought by John I * , ttoldlng as admin istrator. Before court adjourned this after noon the testimony of twenty-seven witnesses had been taken for the plaintiff. Poinoroy Milken Aiuit'ior At tempt to KHoapo from I'rlmm. BOSTON , Mass. , May 87. Jesse Pomeroy , the notorious boy murderer , made ono of his periodical oscajxis frotn his cell in the state prison Monday and managed to got Into the corridor before his plans were frustrated , A drill aud saw had In some way boon given to htm and 1m had sawed off the lock on his cell door , In order ip got a lover to shove bade tbo bolt ho hud. to saw off n lee of his Iron cot. Ho occupied a cell In the "arch" where the roughest prisoners nro confined. His escape from there wan only the freedom of a corridor. Jesse has made many attempts to escape and his modes have always been novel. Ho was allowed to hnvo tools until his attempt six months ego to saw off the bar of bU coll. Since then hn has been supposed not to Dave any and a close watch has boon kept upon the cell door , the window and the blocks of eranlte. OMAHA'S ' GENEROUS FRIEND , Augustus Kountza Make * a Proposition to the Lutheran Synod. TO BUILD A THEOLOGICAL SEMINARY , Valuable Ijantt Donated The Liberal Offer Acocpti'il nml tinniedluto Steps Taken to Comply with tlio Provisions. LEBANON , Pn. , May 27. [ Special Telegram to Tin ? Bun. ] At the meeting of the gonor.il synod of the Lutheran uuurch this morning n proposition \vtis made by Augustus Kouutzc offering the synod ten acres of ground In Omaha , valued at $100,000 and $50,000 cash provided the Lutheran church raised $150,000 by July 1 , 18W , to build In Omaha and main tain there n theological seminary of that faith. Ho further offered to pay half the ox- IKmscs necessary to canvass the church for the funds. The proposition was unanimously accepted nt the afternoon session and In an hour S''o.OOO wore raised among the members of the gen eral synod towards the $150,000. The ro- tnalnlng sum will bo ralsod with little effort and Omaha will soon have a line theological seminar ; building of the Evangelical Lu- theruil church. LEIUNOX , P . , May ST. The general synod of the Evangelical Lutheran church at the morning session took up tha board1 of educa tion business. The special purpose of the beard is to cstablisti new colleges ana other schools for the church anil aid now schools until they tire amply endowed. J. S. Dot- welller , D.D. , of Omnhn , president of the board , presented the report. The receipts were J10U)7 ; ) , mostly from churches on regu lar apportionments. The Carthugo college in Illinois is reported to bo again In a very prosperous - porous condition. . Churches were recom mended to observe a day of prayer for col leges. The board Is steadily growing In value to the general synod. Presbyterian General Assembly. DBTIIOIT , Mich. , May 27. After devotional exercises in the Presbyterian general as sembly Dr. Johnson reported favorably on the religious exhibit at the world's fulr. Dr. Nichols road a report from the com mittee on Increase of the ministry , with par ticular reference to the reception of minis ters from other denominations. , Hoforred to the committee on church policy. The standing committee on foreign mis sions reported. The resignation of John 0. Lowrlo , D.D. , senior secretary , also of Field Secretary Uev. Thomas Marshall were received. The treasurer's report for the year ending April 80 shows expenditures of $973,000 , which with the shortage from last year leaves a deficit of $1)0,000. ) An unusually largo number of candidates applied for foreign work last ycr.r , and sevonty-threo wore found qualified and sent out. The ag gregate addition to mission churches is S.870. An increase In schools Is shown'us is also n growth' in favor ot medical missions. The work was hlndnred greatly by the war between - tween Guatemala and Sun Salvador and by the present strife in Cnlll , but encouaraglug reports wore received from elsewhere. After the reference of overtures to the propsr committee the recommendations of the committee on the report of the foreign board were adopted. A resolution of regret on the death Monday night of ex-Moderator Van Dyke of Brooklyn was adopted. Adjourned. At the afternoon session , after the refer ence of n number of bills and overtures to appropriate committees , a committee on ro- llgious exhibit at the Columbian exposition was appointed. The chairman of the committee on corres pondence reojtnmended certain appointments and that the modern telegraph greetings to the assemblies of the southern Cumberland , United and Reformed Presbyterian churches , now in session. Hov. James H. Dubbs , representative of the general synod of the Gorman Heformed church in the United State * , ann Joseph Gillagnor , D.D. , were Introduced and ad dressed the assembly. George A. Chamber lain , D.f ) . , representing the Presbyterian church of Braiil , also spoke. The moderator returned thes.0 greetings : The standing committee on church erection reported through Its chairman , William Bart- ) ctt , D. D. , of Washington. The report s.ild tro death of Mr. John Sloan , lor nine years a faithful and efficient trustee , leaves u vacancy it will bo hard to All. The work of the year has called for caution owing to tno exhaustion of the special fund provided by the late U. L. Stuart and of the small work- ins balance heretofore carried from year to year. Since wo are not allowed to incur debts wo have boon enabled to meet all ap propriations pledged. The steady advance of the church requires advance in church erection. The average number needing aid annually In this decade has DCOII IS I , which corresponds quite closely with the number organized. This year wo had 100 appli cations for churches and fifty-two for manses , asking fur $ lfMH3. or (10,070 moro than last year and $27S < ' > 0 moro than the year before. The amount of nid asked for "last year has boon 1 per cent moro than fnr the flvo years before it. Our Income for tno year has boon $12flM2.2 ( $ . With this wo have given for building churches ? 01,4(1.1 ( and for manses something a little over $1,000 each , or an average of $14,840. Tha aggre gate value of the church or manse property thus secured by aided churches in the year was almost $100,000 , for which the board holds meetings to hold the property of the church until It abandons It or dissolves. A careful estimate of the real value of churches owned by the church and of thu assembly in the United States gives ftlSOSl,000 and that of manses gives $5,447,400 , a total of 874HO- ! 204 ; allowing for omissions wo may say a round $70,000.000. The average value of all churches is about $1USOO and of manses about $7,300. The church contributions of these svnods were SlO.iWl , 103 out of a total of * iOriW.370-almost two-thirds. Dr. Bartlett yielded the lloor to Ir Patton , who asked leave to road so much of the re port on theological seminaries as bears on the case of Dr. Briggs in order that It may bo printed und distributed to the assembly when it comes up for action tomorrow. Sixty-three presbyteries whoso names he read have ovorturod the assemblies as to utterance ) of Dr. Briggs. Some nskspeelfl- catloii , but most leave to the assembly whai it shall be. The committee reply to some ol the'reports of Uio Union theological seminary as bears on Dr. Briggs' appointment or transfer to the ctialr of bibllcm thoolocrv. "Our duty Is adolicato one. ospjciallv as the presbytery uf Now York 1s trying him on the ohargo of heresy , and wo must not preju dice n case which some time must com i bo faro us on appeal. The Question before us li not of his doctrinal soundness , but that o : the approval of hU election by the assembly \Vo have examined the doctrinal require ments as to the duty power of the nsssmblj In assenting to such un appointment or trans for. " Dr. Patton quoted from the records as well as from appointments of professors that have convinced his committee that the assembly has power to refuse Iho transfer ' We would have been willing to recommend the reference of tills subject to u committee to report to the general assembly. But the control of the Ofsomhly over the mutter ceases with the pro.-Kmt suasion , und so wu must net now , Wo admit that In one view the trustees may have ground for their clo- nlal of the power of the assembly to veto the transfer of a professor from onn church to an other. Besides , the assembly is one party in a compact with the union theological scmlu nry aud must bo cautious In acting on It The trustees of the scmlnury consider hit : the original appointment gives status ind that this assembly has a right to forbid , nit that the transfer 'simply nsslcns nut.Vi iml with that thcvr-sombly has no right to nterforo. Whll < - < think the assembly has ontrol of both , y _ . i view of the cordial olatlon.s always < " , lng between It and of ho trustees of lemlmiry \ It would bo iroper to appoint \ mmltteoof conference vllh thorn to reiwl : the assembly. In nc- cordnnco. with thi views the committee recommends that tl jsoutbly disapprove of ho appointment ol ir. ) Charles Briggs to he Edward Knhtnsrin chair of biblical theol ogy of Union Theological seminary and that i committee of conference with the trustees of that institution bo appointed by this us- seinblj to report to the assembly. " The report quoted the following : Sum- nary of acts nnil resolutions of the gemral monthly and of the boards of Union and ithcr theological seminaries connected with ho appointment of professors. The directors if Union theological seminary In the city of S'ew York presented the following memorial o the general assembly on May Ih , 1S70 : Hi'solvod. That tlio board of directors of the nlon theological si'inlimry In thu city of Now A oik. being all or them ministers or munition > f thu I'resbyterlnn church , do hereby inuinnr- nliro tin ) gcniirul assembly to the following otTod , viz. 'I'llu ; thu Rcnurat ruin and plan In tliopxi-relMMif the proprietorship and control nf the suvtnil thcolojlcul seminaries , so far as Uio election of professors Is coneorno.l , thu iis- Romlily will commit the same to rosponfblu boards of directors nn thu following terms and lonilltlons : rirst-Tlint the hoard of dlroc- orsof oaoh theological seminary shall lie luthorlrud to appoint nil professor * for Iho same , frecoml Tlmt nil such appointments ah ill bo reported , o the general assembly and no sneli appointment of urofpswis shall ho considered as a com- > loto election If illsjppnmvl by u majority > oto of the assembly : und bo It further Resolved , That the bnanl of directors of the L'nlon theological somlimy In the city of Now York uro persuaded that tlio plan prom > p < l In the memorial will imiet the cordlul approval of the patrons , dimomnnd friends of all tlio somlniirl"H and contrllmti ) to the peaeo and ; ire porlty of tlui church , do hereby agree If the said plan hnll lie adopted by the ucnoral ihsoinblv that they will aitrco to conform to : lie same , tliu Union seminary of Now York icing In this respect on tba siiine rounds with other theological samlnurles of the I'res- jyterlun Cbnrcli. The time within which the Presbyterian assembly may express Its disapproval or ex ercise its rlgtit of vetoing the election of n professor was determined by the assembly of 1S91 as follows : "Tho assembly declares .hut the acts subjecting the election of n pro fessor to the veto of the assembly shall be re ported to the next general assembly ttiorcnf- : or , and If not vetoed by thnt assembly , the ilection shall be rcpmlcd us complete accord- ng to the plan ratified by the assembly of 1870. " Dr. Bartlett , resuming the report on churches , said ho had heard nn important ro- [ Xjrt , but ho did not know that "wo were to nave the Briggs report as nn extra side show. " [ Laughter.j Ho made a stirring iddrcss , advocating the duty of helping Presbyterian churches first and foremost and through their boards Instead of through prl- vato channels. The subject was further dis cussed by Dr. White , secretary of the board , and others. Koport accepted and recom mendations adopted. Adjourned. A popular session of the board of foreign missions was held this evening. Several ad dresses were delivered by foreign mission aries. The general opinion on the Briggs case coincides with that of the committee so far as the expiration of the assembly's righ' . to veto the transfer is concerned. The general opinion is that the right of veto must bo ex ercised now or not at all. One New York elder feared the action recommended by the committee would make Dr , BrlgirS n martyr and give his utterances a weight to which they were not entitled , Ono minister thoupht the report was too Princeton , the moderator being a professor there niuV Dr. Patton the president : tbat it was un- ' fortnnato tbat the chairman of this committee- was Dr. Patton. One went so far as to say the assembly woa packed against Briggs , but another repudiated this insinua tion. Ono from western Pennsylvania thought that region , Including the faculty of Allegheny seminary , was solid aealnst Dr. BrigKs' views. A commissioner of Inrgo ex perience ) thought seven-eights of the assem bly would vote for the report. Another commissioner who was present last voar at Saratoga thought there was a lack of peace making influence and the warm spiritual tone which wns so notable. Another said : "Even Dr. Brigs' bast friends can not apol ogize. Even Dr. Parkhuni admits that he talks too much. " Reformed lOplsoopal Council. CLEVELAND , O. , May 87. The thirteenth general council of the Unformed Episcopal church of America began hero today with delegates presnrit from all parts of the United States and Canada. Bishop Samuel Fellows of Chicago presided and Charles D , ICollntrg ot Philadelphia acted us clerk. The opening ceremony was delivered by Uev.V. . H. Barms of Belleville , Out. The report of the treasurer , John Holns of Philadelphia , showed that the receipts wore $2J , 190.00 ; ami the expenditures $ IS'i7fl.7 , leaving n balance of t,7i4.'i3. The report of the trustees of the theological scmlnury of Philadelphia wiw read by Uev. Dr. H. S. Hoffmann , who made the unnouncoiucmt tint Hov. S. John Mc Dowell Lenvitt and W. Max Mueller hud boon appointed to places in the faculty. The afternoon session was devoted to routine bus iness. .Missouri ! jplsu | Kil Conference. ST. Louis , Mo. , May 27. At today's ses sion of the conference of the Eplscopa church of Missouri , alter prayer , committees were appointed and the different reports read. Dr. E. J. Roberts read a report from the committee on proposed changes in the prayer book , recommending a number of chances whioh are being considered in con sequence of the recommendations of the gen eral assembly of the Episcopal church of 18S9. The report was received und ordered prlrtod , but action was deferred until the next general convention in IS'.U. ' Bishop Tuttle then delivered his annual address , after which the conference adjourned. Tlio I'MjjIit on Prol' Disntoir , Mich. , May 87. Kov. Dr. Park- burst , one of Dr. UriffgV chief defenders , has arrived. His sermon of lust Sunday , in which ho gave Princeton such a lively slinking up , has Intonsitlod the wrath of Bnggs' prosecut ors and they now declare that the gentleman will be han'lled without gloves , in an inter view with thu doctor today ho said that If the assembly condemned Briggs it would simply drive thu brightest and boat men out of the Presbyterian church. Tnoy might crush Briggs , ho said , but they couldn't crush Iho .spirit ha roprosu..tod. Divided on Dr. Br-ookH. CIIK AID , .May 27.-Hov. Dr Phillips Brooks will not bo endorsed for the Massachusetts Episcopal blshopry by the Chicago diocese , 'f he old standing committee- hero \vus re- olotod today in thu dlocosan convention. Tlio committee is divided ! 1 to3 for und against Dr. Brooks. To endorse requires u majority vote of the committee. United Presbyterian Assembly. Pniscr.Tox , Ind. , May 87. The general assembly of the United Prcsbytorlan church mat here today. Uov. T. J. Kennedy of the Presbytery colloga of College Springs was ohosou moderator. Adjourned until tomor row. Colorado ( 'iiUlcmi-n ProtcHt. DfiNvr.ii , Colo. , May 37.--Tho state voter Itinry sanitary bourd have sent a telegram to Secretary Husk protesting against hU ordci to hold trull cnttlo at the nuarautlno line The order is obnoxious to cattlemen , as H Is plainly discrimination In fuvor of rullroids and Ir. c&so the order Is not rescinded , wil untnll a loss of $10 to 115 per head on all cut tle held at the boundary lino. Tlio riro Itocord. MAiiiNKTTii , Wls. , May 87. Fire In the lumberyards of the Monomlnuo river dooi anil sash comnany destroyed about two million toot of lumber. The losa la | SOO,000 insurance , $50,000 , LATEST POLITICAL RUMORS. orry Bimpson to Take tlio Stump in Ohio Against Mnjjr MoKinloy. THIRD PATTY OPPOSED TO CLEVELAND , Southern States Alleged to Ilo Molltl AKiiiimt the Kil'rrstilcntNeces sity I'or Ilcniodellii ! ; the Immigration Buumu Tits BEB , 1 Mil tVltlllTKKVTI ! STKKKr , > \VASIIINIITO.V. D. O. . May 'J7. | The announcement Is made hero this oven- ng that Representative Jerry Simpson of vuusns will go Into Ohio soon to stump the tute tor Governor Campbell or any other nrtn nominated by the democrats ngalust ilajor MoKinloy for the chief executive , and hat n good-sized contingency of nlllnnco and ndepcndcnt workers will take the forum in pposltlon to the author of the present tariff aw. In the sixmo connection tlio announce- nent Is made that should ox-President Clove- and bo nominated again not moro than three f the southern states will bo carried > y him on account of his silver polleyj hut the alliance , Independent or republican candidate would bo elected south of the Mason and Dlxon's lino. Tno entire energies of the third parly are to bo exerted against henoniintitlon of TSIr. Cleveland , and stnco hcso men nro to bo turned loose In Ohio for Governor Campbell It Is believed that that gentleman is to be their favorite , should ho uccccd In defeating the republican candi date. Tin ; IMMIOIUTIOX ruoiu.r.M , It is reported that some very advanced stops will bo recommended to congress for ho checking of immigration when tlio coiu- nlssion , of which ox-Congressman Grosovnor s chairman , his made Its tour of Europe und reported upon the necessities in ho way of remodeling our Immigration aws. Ho said todav that the Inllow of pro- niscuous foreigners must bo slopped ; that it vas worklnc hardships upon our laborers , since the bulk of thn immigrants were labor- TS. The second member of the commission s n brother to Urand Master Workman Pow- lorly of the Ivnlghts of Labor , who Is in aver of very stringent laws against immigra- lon , but the third und last member , Dr. lompstor. Is n German-American trom.WIs- cousin , which has almost If not a majority of orcign blood , and probably ho will counsel caution in the report which Is to embody the results of a thorough invosttciitlon as to the character and volume of our Immigration , LtND UKC1S1ON APFII1MKI ) . Acting Secretary Chandler today affirmed ho decision below holding for cancellation the timber culture entry of John T. Mote , embracing the north half ot tlio northeast luartor und Iho north half of the northwosi quarter , section 25 , town 3i ! , rnngo M ) west , Jhadron district , contested by Thomas D. Turner. AITOINTMKNTS DEFEIIIICU. It Is confidently boltovod thnt Solicitor General Taft will bo Judge of the Ohio cir cuit of the United States court. The circuit ind district Judges will not bo appointed until December next , as the senate Is to not upon the nominations before the appointees take their places. > IISCKLtJlNEOU8. Contracts were today awarded for survey ing ninety-tour townships of land north of the Uluck Hills In South Dakota. Little of thu lund is-ln olyillzed communities and It is the policy of the department to not survey land except for settlement. But Governor Mellotto and the state superintendent of pub lic construction urged the survey nt this time so that the state can select from It the school lands to which the state Is entitled. Senator Pottlgrew and Congressman Pick- lor were nt the pastofllco department today and urged the establishment of a dally star moil from Chumborlain and Pierre to Deadwood - wood , S. D..to accommodate the now settlers on the Sioux reservation. T. E. Brown of DesMolnes Is at the Arling ton. ton.M. M. Dowltt was today appointed postmaster at Coffman , Washington county , Neb. , vice n. J. Connale , resigned. By direction of the secretary of war Cnp- tniu Crosby P. Miller , assistant quartermas ter , will proceed from this city to Omaha on public business connected with the quarter master's department , Pcnur S. HEATH. IUJMl'L lsll. I'filt MX TIIK G VT'IEK. Drunken Freak of u Montana Mirier In Now Vork City. NR\V YOIIK , May 27. Over $0,000 worth of silver bullion was lying in the gutter In front of a Broadway hotel last night , finally it was picked from the street by a porter of that establishment and put in a place of safety. The owner of the silver welgl'is con siderably over two hundred pounds and bis name U Phillips. , IIo halls from Montana and is said to own tha big silver mine that produced the silver bullion. Mr. Phillips hired a cab and started out to visjt the bar rooms of the Broadway hotels. Ho wanted to find out who sold the best liquor. Ho lucgcd the four silver bars worth about $1,500 each in there and began his sampling expedition at Forty-second street and worked down to Fourteenth street , whore ho has boon lost sight of. Every tlmo ho loft the cab to go Into hotels ho would first take the burs from thn rnb nnil tilnpn thnm Ion nth wise with each other In the gutter. Cabby tried to have Phlllins allow the silver to rainnln in the cub , but he Insisted that ( no precious motnl would be safer In the gutter than in the cab. After repeating this ex periment in I rent of the different Broadway hotels at , whiuh ho stopped for refreshments , ho reached the Hoffman house und ngain put the silver In the gutter while ho visited the bar. Phillips hudboon _ a guest ut this hotel and thu porter felt it incumbent upon him to remove the hilvor from thu street to the hotel and have It locked up. Ha did HO , and Phil lips , after proles tin ir , proceeded to visit other Broadway hotels. .IXOTIIKlt ttA\SAS 'I'ltAdKUr , < Vt tempted Mortgage Foreulonitro Iii-adn to a 'Murder. ATCIIISON , ICnti. , May St , , ( Special Telo- grnm to Tun BKB j Edward Hogomanacou- stable , went to the farm of Cyrus Aldrlyh In Norton county , about three hundred miles west of bore , yesterday afternoon to take possession of some mortgaged horses. Ho made known the object of his visit to Aldrlch who warned him not to touch the animals , at the same tlmo ha commanded his son and daughter off tlio pluco. The boy hurled a heavy Ktono nt Hogoman and Aldrlch drew a revolver and llred , Hogonmn also drew a revolver and the two moif engaged In a deadly duel until they had exhausted their weapons. Hngonmn received a ball in the hand and ono In the abdomen , The shot in the abdomen brought him to ttio ground and was the lost ono llrod by Ala- rluh , The bull out through the man's bow els and bn died In great agony at 'J o'clock this afternoon. Aldrlch was also brought to the ground with three bullets In hln shoulder and breast. Ho Is still alive , but his death Is hourly expected. When tlio light began tlio men wpro thirty feat apart , but they ad- viincuil tow.ird each other as tlio battle pro gressed , und when tlio.r fell they woroalrnoat within arm's length of each other. TIIK IVit For Omnha and Vicinity Fair ; warmer. WIHIIINOTOX , May ST.Forecast till 8 p , in. Thursday : For Missouri-Fair tilt Fri day warmer ; south winds. Kor Iowa , Nebraska , K nsnn , North and South Dakota and Colorado -Fair ; slightly wanner , except stationary temperature In cxlrecio went of North Dakota ; south wlnd -