Nebraska Newspapers

    THE OMAHA miLY BEEt SUNDAY. NOVEMBER 5. 1893-TWENTY PAGES.
tool the men at nil hazards , but It UAH quite
Apparent lhat the protection would not have
boon nmplo to have sav n the nooks ot the
two wretches , for the officer and his mon
vrero Jostled nnd buffeted about like chnlt In
a cyclone. There wan no loud nnd disor
derly uprising , though the men were
nil determined. They crowded nbout the
sheriff nnd the carrlnges which ho had for
the purpose of carrying his prisoners away ,
nnd In n good-natured vmy Informed him
thnt ho must not bo too hard on his old
neighbors If they practiced a lltllo homo-
pulling on their own account. To thcso re
marks Sheriff Tlgho responded that ho did
not propose lo adopt harsh measures , but
stated that ho would protect his prisoners
nnd do nil In his power to see that the
majesty of the laws of the stnto were up
held. Ihls remark oviccntly touched n popu
lar chord In the minds of ftonm ot the men ,
for It was grouted with n cheer , but the
oncer was not a marker to the ono when an
uld farmer mounted a box nnd In a loud
volco exclaimed :
ilcut SitKRMitcd "Jantlro. "
'Neighbors and fnonds , Sheriff Tlghe Is
a good fellow , but that docs not prevent us
from seeing thnt speedy Justice Is moled out
to the men who took the life of an Innocent
man ; a man whom most of you have known
for nearly a quarter of n century.
"Men. " ho continued , "I do not ndvlso the
resorting to mob law , out I nsk you thnt you
see thnt the red-hnudcd murderers got their
Juslducs. Remember thnt the men who
wilt soon be In this town rut down iv man
who was almost ready to bid adieu lo this
world , and not satisfied with having com
mitted that dastardly crlmo , they tried lo
murder his wife , an ugcd woman ono of the
most lovnblo ladies In the county. Not only
did they do this , hut they shot down a son ,
trying to take hlsllfo.
"Of course you arc all law-abiding cltl
tons , but can you as loyal citizens stand by
and sco a farce perpetrated by a long nnd
quibbling trial ?
"As men nnd citizens of the county I cau
tion you to not use violence , hut I ask you to
do unto others ns others hnvo donounto
Matthew Akcson. "
The old farmer wns cheered to the echo
nnd was cheered ncaln , while a crowd of ad
miring farmers carried him away upon their
shoulders. The cheers hud their effect , for
an they rose from the thousands of throats
it scorned that the country was alive with
people who came in from the alleys nnd side
streets. They Joined In und at once became
n * part of the crowd mid at once declared
thnt they were on the ground for the solo
purpose ) of seeing flint thn murder of Mat
thew Akcson was avenged.
Avenger ) Disappointed.
Upon the arrival of the noon train the
crowd which blocked the streets for n dis-
tnnco of several blocks made a rush for the
couches , but they were doomed to bo the
victims of biltcr disappointment , for the
objects of their vengeance were not there.
Then It wan that they accused the sheriff of
duplicity. They charged that ho had ordered
the two men taken oft the train at the
crossing Just outside of the city limits nnd
that ho wns bringing them in in cabs.
This thn sheriff dented , and declared that
ho knew absolutely nothing about the fail
ure of the deputy to arrive with the pris
oners. This , however , the crowd could not
believe , and at once it broke for the city
Jail , there to watch and wait , which it con
tinued to do for an hbur , n' , the end of which
time It became convinced that the sheriff
was tolling the truMi. AVhllo at the jail the
sroml again closely inspected the frail
structure ami passed judgment upon its
powers of resistance , declaring that with a
few well directed blows of n sledge it would
have to succumb , while Ihoso within would
bo at the mercy of a mob and a couplu of
ropes.
Having become convinced that Hill and
Bonwoll were not to arrive until later hi the
Any the farmers and their town sympathizers
again dispersed , breaking up into little knots
and stopping on the street corners , where
the commission of the crime was discussed
In all of its nhascs.
Waiting lor tlici CrlmlimU.
Upon the'arrival of each train during the
afternoon the snfno scones were enacted at
the depot , each lima the deslro of the
farmers lo wrcalc vengeance becoming
stronger and more apparent , but ns the
mnntlo of night spread itsolfovcr the earth
nearly all of these tillers of the soil quietly
loft for their homes , knowimt that , the
ofltcors had loft their men iu Omaha. They
did not abandon their determination to
avcngo the murder , however , for they loft a
committee on the ground with instructions
to dispatch couriers to every part of the
county the .moment Hill and Bcnwull ar
rived.
It was evident that Sheriff Tigho was
alarmed , for during the af tornoou ho dis
patched County Attorney Travis to Omaha
with instructions thnt the prisoners should
bo kept in the Douglas county jail until in
his judement It was safe for them to bore-
moved to I'ltittsinouth for their preliminary
examination. When that will bo is not
known , ns it is a faut thnt the people of Cass
county liuvo determined that the blood of
Hill and Bonwoll shall pay the penalty nnd
the Indications are thnt they will bo in as
great dnnirur three months hence ns at the
present time.
Vlvra WntoliliiR ut Louisville ,
Had the deputy taken the two murderers
direct to Plallsmoulh iuslead of bringing
them to this city , it U doubtful if they
would ever have reached thcro alive , as n
crowd of ! X)0 ) moil had gathered at l ouisvillo ,
a town bomo distance below the Ashland
cut-off. ' 1 heso men were nil farmers from
the vicinity of Weeping Water and Mnnloy
ana were nil acquaintances of the Akesons ,
and their puruoso was to take the two mur
derous in charge as soon as the train pulled
into the station. When they learned that
their plans had boon frustrated there was u
low muttering , such ns precedes , the storm ,
und the rcmnrlc wns made that the delay
did not count for much , ns it would be fol
lowed by the moling out of ovou justice
from n jury that could not bo bribed or tam
pered with.
Co in in lit co Couirs tn Omiilin.
Last night , a largo delegation of farmers
from the country surrounding Pliutsinoiith
arrived In this city und expressed ono
sentiment , nnd thnt wns that they would
camp on the trull for the purpose of finding
out just when Hill * nnd Bcnwull were to betaken
taken to Plutlsmoulh , that word would bo
sent ahead In order tliallho pcoplo n.ight bo
prepared for their arrival nnd that they
might bo given a warm und suitable recep
tion.
tion.Thcso
Thcso men would not say thnt the two mur
derers uotild bo lynched , tliough they were
fruo lonvss | th-3 opinion that t lie re was
soniotmng In Hit ) air of Cass county and
thnt it ctm111 not bo removed by doluys.
County AtiornoyoTrnvis said last night
that ho hud no idea when the prisoners
would l > o taken to I'latlsmouth. Ho did not
anticipate thnt they would bo lynched , but
ho considered them much safer hero Ihan in
Ibo insecure Jail in Plnttsmouth , and ba-
sides that ho said that ho was of the
opinion that the ofllcinls of Cuss county were
not nblo to cope with a body of several hun
dred determined men.
1.1 OMAHA O.NOIC tlOIltt.
Mother , lln < Hunk AVrecKur , 1 Hi-ought liiiok
In lli'iini'tl'a To n iltr Cure.
C. W. Mobbor , the convict hoodoo , 1s again
In Omnlm.
A few minutes before 5 o'clock yesterday
afternoon u closed carriage drew up to the
curb nt the north cutrunco to the federal
building nnd a small , durk-coinpluxioued
man , carrying a grip , hastily stepped out ,
followed closely by Deputy United States
Marshal lioehtno. The pair hastened Into
the building and up to Iho oDIco of United
States District Attorney Halter.
'
'Tho small man was the bankwrecking
ex-president of the defunct Capital National
bank , und ho was very much iu search of a
haven where deuioustrailvo individuals do
not give violent expression to their feelings.
Ho had come from the Cass county jail at
PltuUnioulh , and ho had not entirely re
covered from the fright ho received there
while momentarily expecting un onslaught
oil the part of the mob tliuv had gathered
for the purpose of lynching the murderer *
of Matt Akeson.
Not ou III * Uuoei No\r ,
A ropre-scnltulvo of TUB UF.H noticed the
arrival of the convict ox-banker , and paid
him a visit iu the district attorney's oftlco.
Moshor endeavored to convey the impression
that ho had not been frightened , nnd claimed
that all ho know about the Intended lynch
ing was when ouo of the deuuty sheriff *
ramito him in the Jal ! and told him that
lUer * miff it t bo trouble , und that us it wa
impossible to toll in ndrnnro what would
happen In canes ot that kind , It might bo
advisable to move him to sotno ether plnco.
Ho ald Mo then accompanied the deputy to
his residence , walitlng down the principal
streets nnd shaking hands with old nc-
quntnlnnco * .
"Thero were a number of pcoplo there. '
said Mnshrr , "and there Is no doubt thnt
they would have lynched those murderers if
they had nrrlved on the train ns expected.
Oh , yes , I suppose some of them would have
ivnntcd to take mo , too , but thcro was no
Icmonstratlon of any kind ns 1 walked down
ho street. I guess I must bo n hoodoo , for
hero Is ntwnys something lively sura to
, urn tip no mailer where they lake mo. "
Ho U Out of 1'olitlci.
He wns asked if he intended to engage In
ho local campaign In ncnnett'sintcresl now
that ho was once moro in Douglas county.
He said that ho had had all that ho wanted.
nnd regretted that bo had dipped Into it nt
nil ,
"I had kept still for so long thnt I ought
to have pursued that course to the end , " ho
remarked , "but I wns charged with so many
things that I could not help making a reply
to some of them. People trumped tip a lot
of lies nbout uio , nnd Imposed on the news
paper reporters. They did the same thing
down at Lincoln , nnd changed that 1 was
taken nut lo { .ho penitentiary to sco the flt o ,
when the truth was that I did not know of
the lira until about 9 o'clock , when the
night watch came Into the cell room of the
jail to look us up for the night , and told us
that thcro was nllro nt tliu penitentiary. If
1 hud been out of the pen they \\ouldhavc
charged mo with setting It on tiro.
"Thoy pave mo the best they had down at
Plnltsmoulh jail. Thai ain't such n bad
Jail for n little place just about the sumo us
any country Jail , but the vcrirln nro some
thing thai can't bo equaled In this niot.ro-
polltan burg. Vnu uughl to have seen mo
eating my bienlcfust with the tramps , just
like any other 'con. ' U wns pretty goad
grub , too , for Jail furo. Say , they Irled lo
Uini I'no out of Jail this morning. The fellow
that turns out iho trumps came nlong and
told mi ! to get up , and after turning out the
rest of them , told me to get a move on me. I
said , 'I guess you don't want mo , ' and ho
nskcd why not. I told him the man up
stairs was looking out for mo , and ho went
up to sco the sheriff about it. If I hadn't
sort of kicked ngnlnat it I would have been
a freeman In spite of myself. You see , the
guard saw thnt ray face was a new ono and
took mo for one of thu transients. Guess 1
must bo looking a little tougher than usual.
llo "Hold Mm Coll. "
And then Mother reverted to what the
papers hud said about him , und ho wanted to
know the tiamo of some man who
had seen him at the theater. Ho admitted
that ho wont once , and saw Nac Goodwin In
"A Gilded Fool , " but Insisted that this was
the only lime. Ho suid it was Iruo thnt
ho had helped Sheriff Bennett , as ho went
out in a hack to help bring in a crazy man
named Davis , and on another occasion went
along with the sheriff "to hold the colt"
while that ofllclal had a Htlle business to
transact with S. P. Morse.
He was nskcd nbout his experience ii
court in Lincoln , und suid he did not propose
to talk until the proper time. Ho said thnt
if "Mr. Untied States court" told him to
tallc , or allowed him lo talk , ho would do so
iu any of the cases in which the bunk was
Interested , but ho did not propose to hnvo
his property attached and then put on the
rack to tell what had become of it.
"None of the other judccs would have
done what that ono did , " he .said , in speak
ing of the action of Judge Tibbclls
"Charley Hull know that I was right , and
hold tno other way. I lold Ihem before
they look mo out of Juil lhat I wouldn't
tulle , and they ought to have -known that 1
always keep my word. I HOC Burr wants me
put iu solitary confinement , ou bieacl and
water. Well , ho won't ' got mo thcro , nnd I
won't peep , cither. They can't put mo in
jail for contempt under these circumslancos ,
and ttioy couldn't oven if 1 wasn't a United
States prisoner. You see 1'vo been reading
a little law. I read the statutes nearly
Ihrotigh twice while I wns in the Douglas
countv tail. "
Murtflinl Wlitto Anticipated Trouble.
The marshal admitted that ho was very
much wrought up over the report ho received
during the forenoon thai Moshcr was in
danger. He said he first heard talk of that
kind Friday evening , when ho tool : the pris
oner to Plattsmoulh , but he Ihought noth
ing of It , Ho took the pains , however , to go
down lhostreot during the evening and see
how mailers stood , but nil was quiet , and
nil ho then heard was that a few men who
had been drinking had said something about
lynching Mosher. Ho was satisfied that
nothing would cotno of it nnd went home and
to bod. Yoslorday morning all was still se
rene , and no came to Oinuna us usual. Dur
ing the forenoon ho received u telephone
message from Plattsinouth lo Iho effect that
thcro was considerable stir over the arrest
of the murderers at Lincoln and anticipat
ing trouble when the sheriff arrived vrilh
with tlioni. He made inquiry later by tele
phone , and learned thnt crowds of people
tilled the streets and that there was consid
erable excitement. Ho nt once mudo up his
mind that it was time to do something.
' I figured , " suid the marshal , "Unit the
sheriff would probably manage to got his
men to the Juil under the pretext of waiting
until they were positively Identified , and I
was afraid that then it would bo all' day
with Moshcr , for thnt jail could not stand
mi attack , and when a mob means business
the hanging of ono or two oxlra men seems
lo inukn very lllllo difference. All it would
need would bo for some ono to say "Lot's
take Moshor , too , nnd make u clean job of it , '
and thnt is all there would be to it. I called
up the deputy sheriff and told him to take
Moshcr out to the edgs of town , near the
Missouri Pacific depot , and keep him thcro
until I could got down on the noon train. I
told him to kcou out of bight and maintain a
sharp watch , and if ho saw anything lilto n
crowd approaching to take to the woods.
When I got down ihero I found that he had
put Mosher in a buggy und was waiting in
that way. being prepared to got out of the
way m a hurry If the mob appeared.
Largo Kcceptlon Committee.
"I had my deputy take charge of Mosher ,
and I went down town to sb.o up the situa
tion. There were fully 1,000 , mnn nt the
depot , and If Sheriff Tigho had gene the'ro
with iho murderers the crowd would have
made short work of them , It was an orderly
crowd , as there was n largo clement talking
iu favor of letting the law take its course ,
but a leader on the other sjdo would have
sot the tldo strongly that way , and 1 am
satisfied thnt the appearance of the prison
ers would have caused several leaders to
develop. I was told that the name of Mosher
wns on the slate of Intended victims , and
from what I saw and heard iu various places
I am satisfied that it was. Mosher was
protly nnrvous , and I don't blame him , for
no matter how much nerve a man has ha
will fool a little squeamish under circum
stances of that kind , llo was considerably
relieved to get on the train und out of Cass
county. "
"What nro you going to do with hlmt"
13 tl if I know. Ho is a white elephant
on my hands , nnd has beau over sluoo 1 have
had anything to do with him. "
"Turn him over toltosewalor , " facellously
advised the district attorney.
In u "White" jiephnnt. ;
"This may bo a Junuy matter lo you"said
the marshal , "but It is mighty serious witli
ino , and Is gottiug no butter very fast. 1
will ndinit that I don't know what to do
with him. Warden Boomer won't ' tnko him
Into the penitentiary , and ho has raised
muss in both the Douglas nnd Lancaster
county jails , but I suuposo I will have to pu
him in one or the ether of them. "
The mailer was discussed lo some length
and the marshal finally concluded thnt be
cuuso of the plausibility of a conflict between
the state and federal authority over getting
Moshcr Into court il would not bo advisable
to take him to Lincoln , and ho therefore dt
cidod to once more place the bank wrocke
in the keeping of Sheriff Bennett.
Ho made up his mind that he would tmvi
no moro of tbo running around on Monitor's
part thnt has already caused so much scan
dal , atd when ho took Moshor to the jail at
6HO : ho gave explicit orders that the convict
was not to leave the Juil under any consld-
Bidoration , and that ho was not to ba given
lulo the charge of oven one of tbo deputy
marshals without a written order , i
Judge Dimdy returned yesterday from a
Wyoming bear hunt , " nnd thu marshal trill
seek now instructions tomorrow regarding
his prisoner , hoping that he may bo allowed
tu take his charge to the penitentiary at
Sioux Falls , aud thus bo rjd of auiott weari
some burden ,
While Marshal White was debating what
to do with Moshor I tat worthy jocularly remarked
marked , "I guest you'll have to turn wo
loose until morning. I'll come around and
report at 7 o'clock. " When ho stopped Into
the jail he said ; "Via going to uy this
time , "
NEIfllER ONE GOULD WIN
University of Nebraska and Danvor Athletic.
Olub Kick a Tie Game.
EACH SIDE MADE ONE TOUCHDOWN
Mtieli Plnccln ; Indulged In by thn I'lnycr *
I'rlncoloit Docs I'oiinnjnnd llnr-
tnrd Smother * Cornell Knnsm
Wins from IIMT.I ,
DENVF.H , Nov. 4. The footbillpnme today
Ijolwecn Ihe Nebraska State university and
the Denver Athlutlo club elevens was iho
most exciting of the season , nnd much slug-
Ing was done.
The Nebraska men nro the strongest loam
that the Delivers have lined up with on the
lomn grounds , and today's game was so
evenly contiistod that it rcsultod in n tlo ,
the fccoro bolus 4 to 4. Nebraska mudo n
ouchdown In the Urst-halt nnd Denver did
the same in the last , , hut neither was nblo
to kli-lt a goal. The teams fuucd each other
ns follows :
> ii'brusla. IVwUlon. Firmer.
Johnson t/cft oml rlchl. . . . * . . . .Nlbloek
Oury Loft , tncldo ilclit Killmnro
Wilson .I.L'ft nuunl rlnht , . Trouso
llopeuoll 1 < nft renter rlKht. . . Kn INIi
Durit Hlulit cimrd left. . . . Jllacklmrn
Whtpplu Ululit tncklnlnft . . . .Atliims
Sliuu UlKlitend left.- Klll-t
I'nro Quarter Imelf. bmlth
.1. O. Vont.Half buck . . . . . . .
rilppln Half lmck..r . . . . .I'fonli
I. E. Yont l-'ull backu.u.l'lold
JI/J PHJf.ViY.
Viirucloiid Ticer * Htmtln Thcilr A in-lent
Kni'inlps for Did Only Touchdown.
Piin.\iiii.i'iitA : , Nov. 4. On Maithclm Held
iu Iho presence of 0,000 people , Princeton
this afternoon secured revenge on Pcnnsyl-
.vanta for tun dcfcat.of a year ago. llwas
estimated fulty 20,000 pcoplo were present.-
Princeton opened with a flying wedge ,
used so frequently by Cornell in their game
with Princeton two weeks ngo , and King
gained twenty yards. Too Tigers lost a low
yards on the next down , and a few moments
later the ball was fumbled nnd secured by
Pennsylvania. The ball was taken by the
red nnd blue to the ccntorficld , where ICnlpo
kicked it for tliirty yards. Blake caught
the hall and rctuincd it , but It fell out of
bounds and Pcnnsylvaniiisccurcd it. Knlpo
made n gain of live yards through the center
and ton yards moro were g.iluod before
Princeton secured it on a fumble. Blake
kicked it to Pennsylvania's ten-yard line
wheru It was given the latter for otf side
plays. Throe yards were gained on a plunge
through the center by Kulpu. Hcoro at the
end of first hulf , 4 to 0 in favor of Princeton.
In the second half , with iho ball in iho
center of the field , the Tigers made short
gains but lost the ball on four downs , und
Brooke puntod. King fumbled aud Upton
fell ou Iho bull and kicks by Brooke and
Blnko brought the ball to the teenier of
the field. King was sent around
the end for a ton-yard caln nnd nfter
Pennsylvania and l rinccton had success
ively secured the baDJCint , ' again went
around the right. Morse .gained three
ycats more , before a fumble gavu Ihe kill
lo Pennsylvania. Brooke punted and King
returned it lo the center of the field.
1'enusylvaniu and Princeton each
lost the ball on fumbles nnd Os-
berne mndo the first ana only
lonur run of ttio gniiio when ho catricd the
ball for twenty yards beforn being downed.
Burnett took Iho place of Morse , who was
injured , and Ueoco was at the sumo time
disqualified for slugging. Time was called
without either side scoring. Touch down ,
Ward. Score : Princeton , 4 ; Pennsyl
vania , o.
The teams lined up as fellows :
I'rlni'oton. t'osltlon. Pennsylvania.
McC'auley Leftond Itoioniirten
lloley ] Left tiicUo Mackey .
Wheeler Lcftguarn Wllurton
lillllnt Colter.Thornton
Taylor Hlglit guard Oliver
rcn . . . .limit tucklo Koeso
Trenchant ItlRhtcml Blmmntu
King Quarter-back Vul
Ward I.uft half-buck Rtlbort
Itarnctor Eorao. Kljrlit half-buck . . .Osgood
Allen Full-back Knlpo
Ht'ferpo : 1" . J. Dasblel , Lohlzb. Umpire :
Dr. W. A. Hrooks , llurvurd.
OOKXlil.l.SMOTILKKKD.
Hiirvard Takes tlio Vounif Men from Ithnca
TlirntiiU a Merry Unncp.
MANHATTAN Fmi.n , N. Yj , Nov. 4. At a
quarter to 4 o'clock this afternoon the Har
vard and Cornell .foot bull teams waded
through the swamp into which Manhattan
Field had been converted uy several hours of
rain. When the umpire , Perry Trafford , nnd
llcferee C. W. Sticrdon made their appear
ance a burst of applause went up. Several
minutes sifter the opening Brewer wus
forced through Iho cenler and with a good
interference made Iho first touchdown. 1 < air-
child kicked a goal. The ball wns taken back.
Cornell lost it in short order. Brewer made
a run of thirty yards into Cornell's
territory. Tno ball wns rushed around the
field without much advantage lo either side.
Harvard got the ball. Harvard forced
Clark through und scored a touchdown.
After n few minutes Bre-ver was forced
over for n touchdown nnd Fnirchlld kicked a
goal. Score at end of first half : Harvard ,
U3 : Cornell , 0. Intermission seven minutes.
Diehl was at loft end fur Cornell m place
of Young , who wns nt full back. Daly hud
had taken Taussig's place at right end. The
Harvard team was intact with the exception
\\rightlngton , who had been replaced by
Clark. A few minutes lutor Brewer , who
was forced lo Icavo iho field , was sub
stituted by Gray who came inlo
iho game as full back. Harvard opened
with the wedge , gaining seven yards. In
tlio nnxi Iwo downs there wns no gain , nnd
on the third Cornell gained the ball. The
leather stayed where it wns for two
downs ; then Harvard secured It again.
A clover tackle by Clark stopped
Dyer after the latter had got around
the end for twenty yards. Brewer
then went through thecunlQrlwicoforsovoii
and twelve yards , nnd two moro were gained
in the third down. Clark then goi well
nway around iho end and over the line be
tween the posts. Fnirchlld kicked a goal ,
Time was called with a score of IU lo 0 iu
favor of Harvard.
At the start the teams were ;
Harvard. Positions , Cornell.
Kiiimons 1/ufl end Von m :
Munahun l.uft luc'Ulo DcniMim'
Acton ,1-c'ft Kinird Warner
Lewis L'onlor llunipnlii'lzol
Muclilo. . . HlKhl guard. , Wucnor
Nnwoll Klislit tueklo llarr
Stuvenson Hlghi vnd Daluy
1'ulrchlldi Quarter b\ck..Beacliman
Clurke. . Li'ft half tnicic Unrtls
Wnllors KlRht half back Pyor
llruwiM- t'ull'liack , Alil
MAXIUTTOX FIELD , Nov. 4. Harvard , Si
Cornell , 0.
Minor 1'oot Hall Mutclie * .
CIIIOAOO , Nov. 4. The foot ball team o
Oborlln college today defeated ths Unlvor
slty nf Chicago team by a score of 113
to 11. Korthwostern unlvomlty defeated
Beloit , 0 to 1.
PiTTsuoiio , Nov. 4. The Chicago Athlotlo
club and Allegheny Athletic association fee
ball teams played an exciting gauio today
Chicago , 4 ; Allegheny , 0.
WiLUAMsroiiT , Mass. , Nov. 4. Dartmoutl
defeated Williams in the first chainplpnshi )
foot ball game of the season by a score o'
SO to 0. t
BOSTON , Nov. 4. Araherst foot ball team
struggled with the Massachusottb Institute
of Technology in tlio rain at South Km :
grounds today and won by a score of 14 to 4
NEW YOKE , Nor , 4. The foot ball gar
between thu teams of Boston and Crcsccu
Alhlutlo clubs played at Eastern park
Brooklyn , this afternoon resulted la a vie
tory for the Bostonlans by 13 to 8 ,
CAMBKIDUR , Mass. , Nov. 4. The Harvard
Junior and Senior foot ball elevens fought (
hard contested fame today. Score : Juniors
0 ; Seniors , 0.
Minpi.iTON , Conn. , Nor. 4At a meeting
today the executlvu commlltcea of the Wes
leyan Foot Ball association decided to with
draw from the Jntereolloglalo league. The
manager * canceled today's game vrith Yalo.
Bo many of thoWeileyan best men are dis
abled that It would bo practically usolet * to
attempt to play ,
BBLOIT , Wit. , Nor. 4In a game of fee
ball fit Delav n , Wii. , b twe n Beloit' * oo
nnd cloven ami the cloven from thetlo.it nnd
itumb institute , n mute named Patterson
was Instantly -killed by having his neck
broken by a fnll In n tackle.
PA.WNBK CITT. Neb. , Nov. l. f Special Tel-
cgram to Turner. . ] The game of foot ball
at this placfllIhls afternoon hotwoon the
Beatrice nndjHuwncu City loams resulted in
favor of Itaajtfjpo by n score of 12 to 0.
SHOt 1IU.Y I-.XIT.IIT3.
i n _
II. II. KrnnMlT Wins the I'nrmotco Dli-
inond Trxtpny Sully im n 1'lcenu Killer.
Tlio spcclanboot ) , on the Omnha shooting
grounds across the river yesterday after
noon for the IWruieloo diamond badge by the
members of ti | ( Uniaha Gun flub proved n
very InlcrcstlpRnfTnir nnd wns u Uncased by
quite a eroxyU-jpf sportsmen. The condi
tions were fifty targets to tlio man , walk-
around , ncd Iho handsome trophy wns won
by II. B , Kennedy with a score of forty-five
birds. G. W , LidomU wns second , with fortv-
two , and Frank Fogg third , with thlity-
IlillH.
The score :
Kennedy . 11111 Hill 11111 01101
I'll 11 mil Hill mm iiuiu
Hill . 45
l.oouiN' . 11111 11111 UU111 11001
11111 01111 01011 11110 11111
11111 . , . 42
rojs . ntin 01111 tniio 11111
01011 01111 00111 11111 11111
01011 . 3D
11111 inn 11111 oioii
oioio oem 11111 o-iiii 11011
OHIO . , . , , . 38
nd . 11111 10111 lllll 01010
nodi mil 10011 omo OHIO
OOm . . . 4 . 30
Ilruckcr . lllll lllll mil 00111
11001 01011 ma moo oim
O1010 . 38
The wind was high and tne tarsots hard
to kill : In consequcncn the scores m.ido were
creditable Indeed. Dr. Nuvlllu , n son of
, Hidgo Novlllo. who has just relumed from
Germany , wns on iho grounds and look part
In a sweepstakes shoot , making a line score.
Milllvnn Turn * Shunter.
ST. frills , Nov. 4 , .lohn U Sullivan ap
peared In a new role hero today. Ho shot n
llvo plircon mutch against Starter Dick
Dwyer of thu ICust St. .Louis rueo track , his
nlunuiror , J , J. Howard , and Henry Gricso-
dlck. The mutch was a sweepstakes of
twenty-live birds. Dwyer and Grlesedlck
each killed twenty-two , and Sullivan , with
the aid of a hnmlic.ip , hud twenty-one birds
to big credit , while Howard brought nown
nineteen with the aid of a handicap. In the
snoot-oil the Kist Sldo starter bugged
twenty-two birds to his adversary's twenty-
ono.
_
ll.lCINU HKSU1.T3.
Kiinftns City's Meeting Otii os with a ICncn
fur Hlnod.
KANSAS Cm' , Nov. 4. This was the clos
ing day 01 the running mooting of the
Exposition Driving Park association. The
Farowcl ! handicap , the feature of the day's
sport , wns taken by Montcll in u drive.
Kesults :
I'lrht nice , four and n hulf furlongs : Mike
Klynn won , Abe Halslund second , Hob Miller
third. Time : 00.
Second nice , -six furlongs : Mulcoinli won ,
secondD.in Mi-eks third. Time :
.
Third rneo , > > l\ furlongs : Mumlo S unn ,
Guv/ctti ! second , Itnutlru third. Tlinn : 1:104. :
rout th nice , . Iniewoll handicap , tto nnd a
half furlonMontull ) : \\on , Tommy Aiunur
second , StnilshtiHit third. Tlmu : 1:11 : > J.
I'l tth race , tlvblfnrlongs : Und BrrxjKs uon ,
lA > uniurlu beutnidf Lucy Ulurk thlid. Tlmu :
. ,
Tamonnnrt nt N
NASHVILLE , Nut. 4. Ilc'ivy ' rains last night
made iho trnclcat Cumberland park muddy ,
and toda.v's spurt was tunio. In the fifth
race Banjo ran Very suspiciously , opening at
even money and Koing to 5 to 1. Ho was
last , all the wav. "There will probably be an
InvcstlRulion.-rlHusults :
First race , slk'f nrloncs : Chess Kognn won ,
Mny Helle seci/nd.i / Mis * 1'lutt third. Time :
1:18J { . ( C , s
Second raoo , mllj ) and n .sixteenth : Suit Itoss
won , Doro second , liiet , Hurto third. Time :
lr > lf. !
Third race , handicap , postponed until Tues
day. J *
Fourtll race , Msf urJoiiKs : Deceit won , Foot
third , Time ! 1:19 : ? . ; .
t'lttli ruco , ( lip ; , furlongs : turbance won ,
Topt.i'coml , 1'uinlijiuu'lhlrd. Tltn o : 1:03. :
Pl .xtli rate , IhVYtYrl'miSs : WInlTold won , Eau
.Clnlro second , Roburb Lattu tlllrd. Time :
l.lU3. : r , > 8110 't. ' M
' '
't Punclihfe tlio Ivurlci.
A live stock , man from , Mexico and n
traveling man from Chicago have been en-
guged in a game of billiards at a resort on
Douglas street which savors of endurance.
The men had been playing for forty-eight
hours up to U o'clock last night , and had only
stopped when tbo house closed for the night.
They started in playing for small stakes , but
at last accounts were posting $100 on each
game , although they were so quiet nbout it
that the proptiotor of Iho house did not
know that they were making wugers on the
game. The men nro very evenly mtnchcd.
1'liiD NuliriiKkit IVIycrs.
NUHAWKA , Neb. , Nov. 4. [ Spenial to THE
BEE. ] M. D. Pollard arrived from Kansas
City last night , bringing with him the well
known string of r.ico horses , John Strong ,
Neliawkn Girl and CrooUslianka , belonging
to himself nnd II. G. Strong of this placo.
John Strong won first money nt Plutts-
mouth , Eluiwood and Syracuse , second nt
Blair and third at Kansas City. Nohawka
Girl went on the track late iu the season ,
but won first and third money at Kansas
"Uty. Crookshanks is in training for uoxt
season.
_
Tlir G-Coruurcd Jlillmrdi.
CHICAGO , Nov. 4. Tlio throe-cornered bil
liard match between Schaeffer , Ives and
Slosson has finally been arranged. The first
series or games will bo played 'in Now York ,
bccinnjng December 11 , iho second series in
Chicago , beginning Januarys. The ? arao
will bo fourteen-inch balk line , COO points ,
1500 a corner at each Hories , the winner to
lake tuo $1.500 und onn-lmlf of the gale re
ceipts. Thirty per cent of the not receipts
go to the second man und 'M per cent to the
third. .
_
Sclrcd Him l > y thu flirniit.
KANSAS CITY , Kan. , Nov. 4. Paddy Pur-
toll , the ' Sii'-lnaw Kid , " and George Fit/-
gernld of t Louis , tnlddloweights , fought
hero lust night for n purse of $000. The Kid
showed fur moro science than Fit/gerald
and gave him sovefo puniRhmenl. Fit/-
gcrald repeatedly fouled him and In thu
sixth round tno roferco gave the fight to
Purtoll on ii foul. Fiugorald had grasped
Purtoll by iho throat nnd was choking him
to death when the decision was given.
or an lowu lilojrclUt.
CEIUK IlAi'ins , la. , Nov. 4. [ Special to
Tun Boo. ] Frank Starbuck of Marion , who
made such an enviable record on his bicycle
Iho past summer , has almost recovered
from Ihe injuries , / : elvcd in a collision on
Iho Now York iracjc recently. Ho is now
thinking strongly , 9/ / Inking In iho southern
circuit this winter. . , Ho expects to capture
several of the blgiprizcs next season.
KuiuJa. ' 'liin Miu Flint.
KANSAS CITY , Jfty. , 4. The university foot
ball teams of Kaimas and Iowa this after
noon played the first gatno of a scries for
the Western Iritersiato Foot Ball nssocla-
lion championship. The Kansas loam won
by a score of ! io . 9 , 24 afier a hard-fought
game. The men lined uu strong on cuch
side nnd put up a oed all-around game.
Jnhuion ItijOeAbomo More allies.
INDKI'KNDKNCE , ! . , NOV. 4. TIlO tWO
faslcst miles OVP.C rludon on a bicycle in a
Ouy were rcelcdnoffi by John S. Johnson on
the kilo truck iher'o today. Johnson wus
paced one- third of ft'milo ' by a running horse
and one-lhlrd oaoh by the triplet and quad
rupled. The time for the first in llo wus
1:07 : 4-5 ; second mile , 1:5'J 4-5.
Oinnlm , Lincoln fentnriluy.
The High School Foot Bull team of this
city aud the High school team of Lincoln
will play at the /oung Men's Christian As
soclatlon park next Saturday afternoon.
lUbel Ship * bliort of 1'rovliloni.
[ Copi/Hu'ilMl / ' 1833 litl Jamts Guidon Homefc.l
MONTEVIDEO , Uruguay ( via Galvcston
Tox. ) , Nor. 4 , [ By Mexican Cable to the
New York Herald Special loTUB VKC.\ \
It Is reported hero that the fleet of Insur
gent ships In tbo harbor of Itlo do Janeiro
nro short of provisions and munitions of
war. The ve el which President Pelxoto
has bought In tfovr York are expected In
Rio oou.
MONSTROUS MO UNMASKED
CONTINUED FttOM rillST PVOR.
closely homo to the railroad employes the
figures quoted will bo for the stiHo of No-
braftkaalono.
According to the ofllciM report submitted
to the State Board of Transportation by the
B. ft M. Hallroad company In Nobrasitu , that
company had for the year ondlug.luno 10 ! ,
1S ! > 2 , upon Us lines In Ihl.s state0W > on
ployos , classified ns follows :
813 ; machinists , 210 ; carpenters , -ISTij olhor
shopmen , 1.OH ) ; section foremen , ! ( . " > ! ; oilier
trackmen , 1-ti'T ' ; switchmen , llagmcn nnd
watchmen , 2-1H ; telegraph operatots , 157 ; all
other employes and laborers , 78-1.
Cutting off the general oHlrcrs , olllco
clerks , telegraph operators and station
agents and wo still have In acllvo operating
ncrrlco over 5.000 men Iu Nebraska alone. It
Is safe to assume that n largj majority of
these men nro members of the Buillngtoii
Volunteer Hellef department.
Acclddtits In NolirnnUn.
The Nebraska railroads are beyond qucs-
lion thu best managed of any In Iho country.
Accidents nro fewer and liability lo necl-
drnt seems to have been reduced to the min
imum , Hut even under these favorable clr-
t'ttmslutiees the number oi deaths and Injur
ies among the employes makes It moro than
absolutely certain that the B , ft M. ran well
nlTord to puv KW.tXH ) oven to insure Itself
ngiilnst liability lor damages on Its No-
br.iska Hues aloiio.
For the yo.il1 ending Juno SO , ISO1-1 , Iho ofll-
clnl record of employes killed and wounded
on Iho 11. & M. system In Nebraska w.is us
follows : Flrpinon killed , II , Injured. 21 ;
switchmen killed , f > , injured , HI : ether em
ployes killed , 7 , Injured , U ; total I killed , S3 ;
total Injured,4U.
The liability of tha railroad company for
Iho dcalh of ono of Its employes hus been
fixed by luw and precedent at $ T > ,000. IJoro
is a total death liability In Nebraska nlouti
of Jl 15,000 , without taking into considera
tion the liability for injuries. The difference
between $38,000 and $115,000 would make the
Burlington Volunteer Hollof department a
most paying In vestment forthoChieuKo , Bur
lington < Sc Qulncv 1 tail road companv , oven
If its operations Included but the stale of
Nebraska. How much greater must bo the
profll wheirit Is taken into consideration
that for Ihe $ . ' ! 8,000 expended by inu rail
road company In ono year represented iho
death liability for ! iT ,000 employes in six of
the greatest states of the union.
For the year ending Juno SO. 1S91 , the
ofllclal reports of accidents on the B. & M.
In Nebraska show that nineteen employes
were killed and thirty-one injured. Hero is
a death liability of $4)3,000 ) in the first year
nftor the dcpirtinonl was organized and be
fore Us operations had become so widely ex-
lentled.
Some rrnctlcnl K
The lurgo number of cuscs commenced in
Iho dl.sliict courts of Nebraska by employes
who huvo been injured while in the scrvico
of the company or by tbo heirs or legal rep-
reseulullVcs of employes who have been
killed while in sucli berviee , provo be.voml a
.ticstion of a doubt thai Iho practical work-
ngs of the department are not understood
iy its contributing members. In every ono
f these rases tiled by employes the railroad
: ompuny lulls buck upon the technical
iluuso hi the application for membership
.vhlch seeks to bind the employe not lo com-
icnco a suit for damages. In thesn cases
he relief department has pleaded that it
las no legal existence , that it cannot bo
ucd , thai it cannot be .summoned into court.
I'licro are cases on rccsrd In which it hus
icon established that tbo membership of
unployes has been canceled just before
l.cir death had occurred and after the
iiuihoriicd agents of the company hud col-
ected the dues and assessments. There uro
asCs on'record in 'vhich Ihe relief dcpart-
nent lias declined to pay the benefits to
, vhich the employe was entitled because ho
nud comincnced u suit. Tiiero uro nlso cuses
in record , cases in which the railroad do
'ends itself from Ihe legul liability lo ils em
[ iloyes bccausn the employes in question wcro
members and contributor * lo llio relief fund ,
n fact , Iho law dockets of Iho state and dis
trict courts are plentifully stirinklcd with
cases in which the Chicago , Burlington &
Quincy Huilroad company uses the relief de
partment to shield itself against ttio fatal
carelessness und neglect of its officers und
igents.
The following are only sample cases taken
from the records of the courts In , Lancaster
county and from the tiles of the supreme
courts. They will convince oven the most
.nejudiced friend of the railroad company
that the relief department Is not what it
actunlly purports itself , but that it is in
reality a device for the protection of the
company itself.
Dentil or Knclncor Pcnnlncton.
Hundreds of the employes of the B. & M.
will recall the circumstances surrounding
the death of Louis Pcnnington , which oc
currett between Huvoloclc and tbo city of
Lincoln on the early morning of February 3 ,
Pcunlngton wns one of the company's
best engineers und was deservedly popular
with his fellow employes. On the moruing
of his death ho wus pulling a heavily loaded
freight train from Omaha to Lincoln
Another tram hud passed over the line a
few hours before. A brake bouni on ono of
tbo curs ahead fell from position , caught between
twoen iho wheels and spread Ihe rails , doing
no other damage. No attempt was mudo to
repair iho damage : the company ollleinls
claimed that it was unknown to them until
afler Iho disaster in which Peiuilngton lost
bis Hfo. Pennlngton came over the track at
a moderate rate of speed. U wns an early
winter morning and ihero was not light
enough to enable even the most acute ob
server to nolleo the slight spreading In the
rails. His engine jumped the track , bumped
over the ties for a few feet nnd then toppled
over into iho ditoh. Ponningion was In iho
act of rou-rbing his engine when it over
turned. Ho was jammed between the engine
gino and the tender , crushed and scalded so
badly that bodied within u few minutos.
l.olt n Dependent Wlln.
Ponnlngton loft a young wife and two
little children in almost destitute clrcum
stances , His widow commenced n suit for
damages nguinst the Chlcngo , Burlington
Quincy Huiiroud company , fixing the amount
at J.5,000.
The railroad company promptly came into
court with the stereotyped and well worn'
defense that , inasmuch ns Pennlngton wus
a member of the Burlington Volunteer Ho-
Iiff department , bis widow had no grounds
for action against the company for damages ,
In their answer the railroad attorneys sot
uu thai Peiiulngton's dculh was Iu no ivlso
the result of the carelessness or npgligenco
of the company ; ihut Ponuinglon was a
member of Iho Burlington Volunteer Hollof
department , having mudo duo und regular
application lo become such u member on
November ! i5 , I860 ; and lhat In considera
tion of the agreement of the railroad com
pany to guarantee the necessary funds for
the payment of the expenses of operating
the relief department , Peunliigton ron-
traded lo release iho railroad company from
all liability on account of uny accident when
ho accepted iho beneltls duo him by reason
of said accident.
Then iho aliornevs triumphantly point to
the fact ( hat on February K , Ib'JJ ' , Mrs.
Pennlnglou made application to tlm Burling
lon Volunteer Heliof department for Iho sum
of $750 , lhat being the amount duo her by
reason of her deceased husband's member
ship in the department. Having accepted
this amount the eminent legal gentlemen
roproionthiK thu railroad company insist
that the widow of Louis Pennlngton has no
further claim upon the company and they
therefore ask that iho case bo dlsmUscd , at
the widow's expense , of courso.
'
Onto flagrantly MUrojireionted.
But iu this ouo case , at least , the carefully
prepared unswor of the legal talent falls short
of the true facts. The defense might huvo
been moro plausible hud it not been for the
zeal of ono Kdwurd Bignell , Iho company's
division superintendent tit Lincoln , who , in
his anxiety to protect the company from a
possible damage suit , spoiled the calcula
tions of the array of legal talent behind him.
It transpires , according to the sworn
affidavits of Mrs. Punnlngtnn , that on the
day that her husband mot his death certain
parties unknown to her called vpon her aud
Informed her that tbero wus lomo sort of
Insurance hi some sort of n relief department
upon iho llfo of her husband.
At that time , before olio1 had
had opportunity to investigate the
facts , and while she was so overwhelmed
with grief because- the death of her hus
band , and before she was informed of the
terms and condllions of his membership or
of the terms of iho applications for member
ship , these unknown purtlet left vrilh her
, ho sum of 1100 , tvs they snld , to assist hftr In
, ho funeral nnd burial expenses.
There Is nothing In the records to .show
hat Hd Hlgnoll had nny connection with Ihe
iarlles who so promptly advanced the $100 ,
but subsequent facts scoin to Indicate thnt
" 10 trot wind of the matter very shortly after-
wards.
Sample of IllgntiU'onl. .
On February 18 , a few days alter her hus-
tiund's funeral , Mis. Ponnlngton visited the
U. & M , depot nt Lincoln to make arrange
ments for the shipment of her goods from
Omaha to Hastings. While nt the depot Kd
Blgnell made her n louder of fX < > nnd do-
mantled of her n signed paper rolousln ? the
railroad company from any and nil liability
because of tlio negligence of the company
and Its employes in causing her husband's
ileiith. Mrs. Pcnnlugton swears that she
positively refused to accept the money nnd
sign such a release , but on thucontrary lhal
ho lold Blgnoll that if ho had any money
lulongtng to her she would lake It nnd ro-
iclpt for It , bill thnt she would not rulenso
ho company from its liability to her nnd her
children , but would hold ll responsible.
Thereupon Uigncll paid her tGM and she re
ceipted to him for the amount with the express -
press understanding Hint it wns not to"bo in
settlement of the claim for dnmnacs ngalnst
the company.
The case Is now pending In the dlstricl
court of Lancaster county.
Itntlier itpnn ; lvo Iiisiiruncc.
One of thn cases now pending In the dis
trict court of Lancaster county Is of more
than usual importance , for It Involves the
question of the validity of the "contvaol"
which the applicant for membership Is
claimed to innuo. It Is entitled Charily H.
Moore against the Burlington Volunteer Ho-
liof dourtmoiil. | In her petition Mrs.
Moore cile.s the following facts :
On or nbout September 1 , ISOI , her son ,
Harry Moore , wns Iu the employ of the
( Jhlougo , Burllneton & Quincy railroad as a
hrakcmnn. During lhat month ho mndo ap
plication In writing to Iho Burlington Volun
teer Hellof department Co become n mcuibur
nnd to bo assured by the said department.
His application was duly accepted ami ho
became a member according to iho rules nud
regulations of Iho department und continued
to remain a member until iho time of his
dcalh.
In consideration of the payment of the
sum of $ 'J..Ti hi cash by Harry Moore and the
further sum of $3.'J"i , payable each month
after September lt Ibid , as a premium dur
ing thu continuance of such employment ,
the Burlington Volunteer Relief department
executed and delivered lo him a cerlillcale
of membership in writing und thereby us-
surod his life forJSOU
It may strike the render thai i3 per
annum Is n protly heavy premium for a llfo
Insurance policy of but $ T > 00 , but Hint is the
amount thai ttio employes of the B. & M.
system pay for their assurance , and thcv pay
it to a company tbatdoi-s businesspraulienlly
outside of the law.
Killed Wlillo on Duty.
On November 11 , IS'.d ' , wlille still in the
employ of the Chlcngo , Burlington & Qulucy
railroad and while in the dlsehargo of his
duty , ho was bv the negligence and careless
ness of the railroad company , according to
the allegations in the petition , killed with
out any fault or negligence upon his part.
Ho loft surviving him his mother and six
brothers and bisters , all dopcndeivtlupon his
support. Ills mother , Charity Moore , wus
appointed administratrix of his estate. She
filed her claim for Iho amount of the insur
ance duo her son's cstnle by reason of his
membership In the Burlinglon Volunteer
Kollef department. The department de
clined to pay the amount of the policy and
for this reason Mrs. Moore brings suit
against it in Iho district court of Lancaster
county.
"When summoned Into court the attorneys
for the Chicago , Burlinglon & Quinc'y rail
road moved that that company be made the
real party defendant in the casoj first , bo-
catiso it was the real party in interest us
defendant and , second , because the Burling
ton Volunteer Relief department was not a
company or corporation.
Denied Jtn Iepal KTlstcnco.
Accompanying ibis motion are two affida
vits. T. M. Mnrquotlo and J. W. Dowccso
stale under oalh that the Burlington Volun
teer Helief department Is not a corporation
or company ; that It has no entity or oxisl-
cnco either as a person , company or corpora
tion that can bo sued. The second affidavit
is sworn to by Joseph Scroggs , the surgeon
nnd physician representing the department
aud the man upon whom the papers in the
case were seived. Ho swears that ho is not
uu ofllcor of the department , cashier , treas
urer , secretary , clerk or ugcnt , and that the
Burlington Volunteer Kcltef department is
not a company or corporation , but is simply
a department , as its name implies , of the
Chicago , Burlington & Quincy Railroad com
pany.
Notwithstanding the affidavits to the ef
fect that tbo Burlington Volunteer Relief
department is not a company or corporation
and ( hut therefore it cannot bo sued ,
Messrs. lUurquctto , Dcwceso & Hull ,
the attorneys for the Chicago , Bur
lington & Quincy , como Into court with an
answer In behalf of the relief department.
These nstuto legal representative" of the
company , which , According to their own
affidavits , has no legal existence , maintain
that when Hurry Moore applied for member
ship ho agreed In writing to all the terms of
the contract between himself nnd the do-
purtmcnt ; thnt under the terms of the
contract he was not bound toi ac
cept the benefits duo him by
reason of his membership in Ibo depart
ment , nor were his heirs or beneficiaries
bound lo accept the snmo. It was merely
voluntary with him or them ; but bv his con
tract of membership it was ngrecd that in
CUBO Iho relief benefits were accepted such
acceptance would bo n relcuso and satisfac
tion of nil claims for damages against the
railroad company on account of the Injury or
death.
Stned Awny IIU nights.
And it was provided in the regulations
adopted by the relief department that
should a member or his legal representative
bring &uit against iho railroad company for
damages on account of the injury or duuth
of sucn member payment of benefits from
the relief fund on account of the same should
not bo made until Iho suit wus discontinued ,
und if such suit should bo cuinpiomlsid or
proceed to judgment nil claims upon the relief -
lief fund for benefits ou account of such in
jury or denth should thereby bo precluded.
Having tnus laid Iho loimdatlon for their
defense , iho nllornoys clto Iho fact thai
Harry Moore vrus killed hi an accident for
which , of course , the rallroul company wus
In no wlso to blame. On Iho other bund Iho
accident wus the direct consequence of
Moore's own carolojsness or nugllvoucu.
They then bring out the fact that Hurry
Mooru's mother , on February 11 , Ib'Jl. com
menced suit nguinst the Chicago , Burlington
& Quincy Railroad company for the recovery
of dumuges on nixount of the dc-uth of hoi-
son , Thn suit wns tried and Mrs , Moore
secured a Judgment against the railroad
company for $ ' .KX ) and cosls , which Judgment
and tostu the railroad company duly paid.
In conclusion Iho corporation counse
allege that Mrs. Moore , uaviug brought und
won hot- suit against tlio railroad company
is estopped nnd forever oarrod from prose
cuting and maintaining the action com
menced by her against the rolluf depart
ment. 1'his case Is still ( lending Iu the ills
trict court , Under picccdcnts ulroady i-s
tablished the case will almost certainly bo
decided ngalnsl Iho relief department nud ll
will beyond question go.to.thoBUprumo . court
where the validity of tho"peoullar form of
contracl which the members of iho rcllu/
fund are required lo sign will bo tested , nud
thus furnishing another nnd an nddlilonu'
incentive lo the railroads for desiring u
supreme bunch entirely complacent lo their
purposes.
llnltti ; uu Illegal
The Burlington Volunteer Kellof depart-
mcui U unquestionably u mutual insurant. *
company. U Is HO considurcd by Insurance
Auditor Bubcock , < \ ho fives il as his unof
ficial opinion ihul iho department Is noth
ing moio nor less than n mutual compau.v
dolnir business of accident Insurance , U lias
u prescribed sotnf regulations fur tlio ti.uii
action of business. It hus a medical directo
and maintains a full corps of medical ox
amlners. It furnishes blank applications
for membership , requires all members to
submit to a rigid examination , it Issues r ,
policy specifying the amount of sick aud
accident bcnotltn to which the holder shall
bo entitled and iho amount his bciieficturlcs
or heirs shall bo paid in the ovcnt of his
death. It collects monthly dues and assess
ments. It employs acuuts and solicitors.
In factIt , corresponds with any other mutual
accident nnd Itfo Insurance company doing
business In the stale lee ay.
Insurance Auditor flubcoclc vtas naked his
opinion of the relief department today. Ho
slnlod lhat the question hud been referred
to .him tovoral time * recently and Im has
given the matter considerable thought Ho
WHS clearly of the opinion , without having
ronsulled legal advlco , thnt the llnrllnelon
Volunteer Hollof department was a mutual
insurance company , and that ns such U
ihould ho compelled to comply with the laws
'
iho state of
Nebraska , t
of thn l.nw.
The Insurance laws of Nebraska are very
rigid , and permit of no unsafe or question-
" , llo ) business methods. Mutual companies
.ro required lo bo lncorKiratcd | under thn
laws of ihls or some oilier stnto. They must
liavo n capital of at least f 100,000 , secured
by Hen on real estate worth nt rash valuii-
lion at leant live times the amount of said
capital , They must Illo with lliomulltor the
net of Incorporation , tosolhcr wilhn written
Instrument under so.-xl of said company ,
ilgiied by the president nnd secretary under
i.ilh , certifying that the company Is pos-
tossed of the requtsllo capital.
The Burlinglon Volunteer Hollef depart
ment compiles with none of the above re
quirement * .
By IU own statements mndo under oath
l has no legal oxlslciu-o in Nebraska or any
jtlier stale. By Us own statements it him
jtrovod that ll Is itmlnlalncn by iho railroad
company for Its o\in protcclton. It charges
Us members more than double price for in-
tumnconml deprives them of Ihelr bonotlts If
.hoy avail thomschcs of their mhia under
hi ) taws. It reserves Iho right to terminate
ho Insiiraiiroat any limowlihout giving iho
jinployo any opportunity for redress. It
liractleally ' compels employes to become con-
.rlbiitors to the relief fund , And lo cap Iho
'Umax ' It Is
now seeking by numerous cases
in Illo to huvo ihosupvomo court legallro not
jnly Its oxistenco. but Its contracl with IU
members by which they nro required lo sltcn
.iway Ihulr rlghls tinder the Htatutes al the
dictation of Iho railroad managers.
r .v i.ini.i
, \wful ntpnrlnnrn ot ' '
it 1'nrty < if U'orluiii'ii
in New York liny.
Nnw YOIIK , Nov.I. . Ten lives wcro loit
iy the capsl/ing of a yawl In the lower I uy
ibout 1 o'clock this afternoon. The names
f thu drowned are :
.lOUNOKOSItVof No. 5 lleuc * street , Nuw
York.
fllAltUM immn ot the Trtonty-sUtu
tvnrd. IliooKlvn.
KIIWAKI ) ICKNNV of New Vork.
'
lll'.N.IAMIN McmJlltKor Nnw i'orlc.
THOMAS 11 ( JKVofllrooklvn.
( MIAICl.llS.SMITH of llrooVlvn.
.IAMCS MAI.l.OV nf Itriiokly'n.
AIllii : T NOIt.MANof Tompklnsvlllo , 3. I.
I.lXiNAItl ) WANX.KKof Amity , \ , . I.
J011NU1.MII.
Twenty-two meehtinles and laborers em
ployed by the conlruulors who uro work
ing ou the now brldgoon HofTinun island
embarked iu n thirty-foot jawl shortly after
noon to return lo their homes. I'ho sea in
the buy wns running very hinh , but the
. , "iwl , with a doublo-rcofod sail , successfully
battled with tlio waves until within lOi ) feut
) f the long dock ul South Beach , whuro the
iiicn were to disembark. The sail hud Just
been lowered when n sudden enuull struck
' ho boat. By quick work Iho yawl was kept
'rom overturning , but the sea washed cjin-
ilolely over iho craft several timos.
All hands wcro set to work to bailiiiL' with
.lielr ' hats , iho only ihings al bund. For a
'civ minutes they were successful in keen-
ng Iho yawl allo.il , but a largo wuvo struck
, ho bout , and tilled her. The yawl sunk ,
euvlng thu twenty-two men slruggling la
Iho water.
The catastrophe was seen by iteoplo ou iho
shore at South lioach. Rninll boats wcro
mrrtcdly manned and sent out lo rescue Iho
workmen. Almost at iho snmo time a
tuphlha launch was hcnl out from Huffman
slund ou Ihu sumo mission , Bofoiu the res
cuers could reach the spot whore the men
were struggling in the water nlnohiut sunk
for the last timo. The body of one was grap
pled as it wns sinking by the men in ono of
the rescuing bouts.
Charles fcjovoiuvrisrht , , ono of the work-
nen , hud almost succeeded in reaching Iho
shore by .swimming v > lieu hu became uncon
scious. Ho was washed upontho beach l > y
the surf. Willing bundscro waiting to receive -
ceivo him and ho was revived.
The other Iwclvo men were picked up by
the small boats and the launch wns landed ,
at South Beuch.
At'IEK TIIK
Mr , Cleveland Threatened by ll Sllrrr-
Craiod crank. ' "
WASHINGTON- . 4. A number1 of officers
in citizens' dress hnvo bccndctntU l tognaid
the white house and protect the life of the
president , which Is supposed to bo in
danger from n murderous crunk who is at
largo In the city. Lust Wednesday thcro
arrived hi Washington a man who keeps a
roslnurunl in Boise City , Idaho. His naino
Iho police rcfuso to divulge. Yesterday ho
told the chief of police that about n week
ngo a minor who was out of employiiienfc
came lo his restaurant and in iho course
of u heated discussion about the
silver question and the effects of iho
repeal bill on the mining interests of Iho
west , declared emphatically ho wus going to
Washington und if iho repeal bill p.isse.t un
conditionally bo would kilt tbo mnn whom
ho know should bo held responsible. The
leslauraut keeper did not know the man ,
but us bo disappeared ho concluded It wns
his duty lo como hero and notify Iho author
ities.
This afternoon ho strolled up In Iho wliilo
house prom.cnmio and Iho first person Im
saw wns the miner wUh.whom ho hud Iho
nllcrc.Mion. As soon as the man saw him
ho ran. The restaurant keeper thought It
was possibly a case of mistaken Identity
nnd ho snld nothing nbout It until
the next dny , when ho went to the
white house nnd saw thu same man lurking
about. 'I hen ho was s.itlslled there was no
mistake. Ho gave Iho chief of police u full
description of iho man. As it precautionary
measure a number of officers were detailed
to Riianl the while house and detectives nro
looking for Iho mini. Tlio police dotilar. )
tbe.v do not believe there is nnv danger. 'J ho
matter is being kopl very quiet ,
Another Dyiiiiiulln Arrlilviit.
CIIIOAOO , Nov. 4 , Dominlck Farina wai
hilled this ovcniii by an explosion of dyim-
milo used for blasting in Rico's sloiiuquuny
Tonoy Caliug and Michael Pro It were In
jured so badly that they will illo ,
What is Eczema ?
It is an agony of agonies.
A torture of toitures.
It is an itching and burning of the
skin almost beyond endurance.
It is thousands of pin-headed ves
icles filled with an acrid fluid , ever
forming , ever bursting , ever flowing
upon the raw excoriated skin.
No part of the human skin is
exempt.
It tortures , disfigures and humil
iates more than all other skin diseases
combined.
Tender babies are among its most
numerous victims.
They are often born witli it.
Sleep and rest are out of the
question.
Most remedies and the best phy
sicians generally fail , even to rcl'eve ' ,
If CUTICURA did no more than
cure Eczema , it would bo entitled to
the gratitude of mankind.
It not only cures but
A single application is often sufTi-
cient to afford instant relief , permit
rest and sleep , and point to a speedy
cure.
cure.CUTICURA
CUTICURA works wonders because
it is the most wonderful skin cure of
modern times.
Bold throughout the world. I'llce , Curii'l n *
( Oc. ; Ha riiciKtui.ini ; \ , il. I'nm u puiu
ND Cnta. Cum- . , hula I'lo ) ' . , llo.iou. "Ait
bouV Uii bklu ud Itlvud " ( r .