THE OMAHA DAILY BEE : SUNDAY:4lAllGH | ; : 18. * 1894-TWENTY PAGE ? .
. -IN THE SHAMROCK'S ' CREG8
Celebration of St , Patrick's Day at Exposi
tion Hall Last Evening ,
\
DELANO AGAIN IN SPEECH AND SONG
Mr. Hmytli on the Character of III * Mother-
Uml'n Patron Hwlnt Mr. urloy'
Trllmtu to the IrlMi In America
Oilier 1'rnturcfl ,
Exposition hall was filled last evening
ttltli believers In the saint who drove the
Kimkcs from Ireland , A program had bc.cn
prepared by a committee tor a celebration In
honor of St. Patrick.
The wall back"of the speakers' platform
was decorated with two Immense American
Hags. A portrait of Ocorgo Washington was
" * placed between , and below this ) was sus
pended the flag of Ireland. Among the gen
tlemen on the platform were : C. J. Smyth ,
Jonh IJaUmer. C. V. Gallagher , Judge Wake-
ley and W5. F. Gurlcy.
Mr. Smyth acted as master of ceremonies
and delivered the opening address. He said ;
"Excepting the festival of Christianity's
founder the festival wo celebrate tonight Is
the oldest celebrated. Ilefore the declara
tion of Independence was written ; before
Isabella pffcred to pledge her Jewels that
Columbus might give to the oppressed of
every land a new world as on asylum ;
before Cardinal Langton met with the
barons at llunnymcde ; when the word
Ilrltaln was a term of reproach , and the
English race was nomadic , wandering In
tlio darkness of paganism the event wo
_ imniiiomornto tonight was old.
"In the year 493 , on the 17th day of
March , Patrick entered the portals of death ,
mourned by an entire nation , which ho had
won to the standard of the cross without the
Hhcddlng of one drop of human blood a fact
unprecedented In the history of Christian
civilization.
"Tho history of Christianity In Ireland
Is the history of the Irish people , both po
litical and Industrial. This then Is a po
litical as well as a religious festival. Uut
political or .religious , thcro Is nothing In
* -A It , which excludes any man , no matter what
'the form of Christianity to which ho owes
allegiance. Irishmen are not Iffgrates , but
they would bo If they adopted as their na
tional holiday one which would exclude
those who worship at the altar before which
Grattan , Wolfe Tone and Robert Emmett
bent the knee or bowed the head In prayer.
WHAT ST. PATRICK REPRESENTS.
"St. Patrick represents Christianity In Its
comprehensive sense. He lived before men
learned to servo their God by hating their
neighbor. Ills tlmo was untouched by the
destroying Inuflenco of bigotry. Wo are
battling for freedom for mother land. To
the sacred cause of liberty we are pledged.
For admission to the tcmplo whore she Is
worshiped there ought to bo but ono requis
ite loyalty to the teachings of the founders
of this republic , for they brought forth the
highest principles of human freedom.
"Tho conditions under which wo meet
tonluht seem not as favorable as those of
u year ago. Then homo rule appeared near
at hand , now It Is. seemingly , far away.
Hut real progress has 'been made. The
work of education cannot bo undone. Glad
stone may dlo tomorr6w. but bis services
will survive as beacon lights on the shores
of tlmo to warn , guldo and encourage the
y'draliittcss hosts of human freedom. Self-
-f government is a right that comes from
± n _ < iod. To violate It Is damnable ; to uphold
11 Is divine. Dr. Johnson has written that
ho who can look upon the ruins of lena
without having his piety depleted , or walk
over the fields of Marathon without pledging
anew his allegiance to patriotism , is to bo
pitied. I say pity , pity from the depths
( if your hearts the man who refuses tq kneel
at the altar of liberty or , having knelt , feels
not his patrotlslu | quickened , whether that
ifllttr bo 'erected by those 'sprlnclne ' from
tlio race of Kossuth , Lafayette , Emmet or
Franklin.
"For tbee , fair freedom , welcome nil the
past.
'For ' tbee , my country , welcome even the
lllHt.
"As vTmerlcan citizens that Is our senti
ment , and coupled with It Is this other : De-
nldo the cross the stars and stripes , the one
Hymbollzlng Christianity , God's best gift to
man ; the other the American government ,
tlio highest and most perfect form of human
freedom ; and just beneath lot the flag of
rln float to catch the beauties ot both. "
< . The remarks of the speaker were loudly
applauded.
A quartet , consisting ot Messrs. Van Kuran ,
Treat , McCuno and Barton , sang "In Ab
sence , " and was encored.
I Mrs. F. J. Morlarty sang the "Meeting of
the Watern"and was recalled.
Several popular poems by well known Irish
, -pf.\uUiora were recited by Miss Stacla Crowley
J'-ln a pleasing manner.
'
Miss Myrtle Coon sang "Cadiz Mardl , "
and was rpwarded by the presentation of two
jjo boquets.
"The Wearing of the Green , " a bass solo ,
by J. F. Darton , was well sung , and the
singer received well merited applause.
The next musical selection was by the
Temple quartet , which sung "Nellie Was a
Lady. "
MR. GURLEY'S ADDRESS.
Chairman Smyth then Introduced Mr. W.
V. Gurley. The speaker spent a few mo
ments In getting the audience In a good
humor by tolling some amusing anecdotes
about the late Carter II. Harrison , and then
he said :
"I desire no stronger bond of union be
tween this audience and myself than that
bond which exists by virtue of the
constitution of the United States , and which
gives to me the personal privilege of ad
dressing you tonight as my fellow citizens
ot America. The Institutions of Ireland
have been a conspicuous figure In the world's
great struggle for liberty ; but for that
heroism which glows with the glory ot liberty
achieved and freedom's battles won , we
turn from the miniature portrait of the little
green Isle to the swelling course of a con-
tluent nnd sco the development of the
v Irish race under favorable governmental con
ditions ) .
"Ono hundred and twelve years ago Henry
Grattan rose on the floor of the Irish House
of Commons and said : 'I am now to address
a tree people. ' Ono hundred and twelve years
ago ; and the parched lips of Ireland are yet
' unmnlstened by the draught she fain would
quaff from the chalice of freedom. The right
of the Irishman to participate In the affairs
nt this government Is coequal with any one's.
Two hundred and fifty years ago we were
nil foreigners. Thcro was only ono native
American. Ho carried a tomahawk and ,
thank God , ho Is dead. The Irishman ante
dates the constitution , because before we
had a constitution ho was with UH. His
name was subscribed as an attesting witness
to tin1 certificate which announced to the
\\nrlil that this republic was born. "
Hero Mr. Gurloy spoke ot some of tho1
heroic deeds of sons of tha green Isle during
the \\ars ot the early days and rapidly
ulit > lched the history of some ot the moat
prominent Irishmen who fought for this
country both on land and sea. The speaker
pahl u glowing tribute to the late General
Phil Sheridan and gave a brief history of
t gallant cavalry leader's dash down the
Slu'iiandoah valley ,
A few more remarks regarding the sons
ot the shamrock laud and the part they had
takun In American history wore made and
then the speaker closed.
Mine. Hoss-Fuchs entertained the audience
with a few selections on the piano , and then
came Al V. Klnslor and Charles Morlarty of
Crelnhton college. These young gentlemen
recited the quarrel scene from Julius Caesar
and both read their lines very nicely ,
The entertainment ended by the Hinging of
the "Star Spangled Dinner. "
Ilutlly PitmugtMlHImmrnrkK.
Mr- John W , Paul related a very good St.
Patrick's day Incident which happened In
IJoston ono year ago yesterday , A certain
Mr , McClanahan , who had been a councilman
for several years and falling of re-election ,
Kturted a saloon on Court street opposite
Young's hotel , which soon became the hcad-
Lqiiarters for city officials and Irish societies ,
Xunported a quantity ot gmmlno shamrocks
g from tlio old sod. These were placed on a
. lurKc platter on the end of the bar of his
< V Mloou and wore Intended for the buttonholes -
> holes of customers on St. Patrick's day ,
A German entered shoitly after and or
dered a glass ot beer and spying the sham
rocks bo took them ( or water creaa and
forthwith proceeded to make a free lunch of
them , nml wan only discovered m the last
few were illnappctrlnR. Quito a commotion
followed , but It was finally iloclded that even
It a Rtomach pump were u cd ( ho shamrocks
were too badly damaged to be worn ,
IHISII OAI.I.KI ) UN TO UKIIi : ! , .
r.ntcnt Apprnl from tlio Sinn Who Over-
nilrd I'roMclrnt Unminti.
NHW yOHIC , March 17. William I.yman ,
treasurer of the Irlah National League of
America , has Issued on behalf of that or
ganization a manifesto to the organizations
at homo and abroad. The addncss condemns
parliamentary methods as futllo and advo
cates revolution as the only means by which
Ireland can achieve the restoration of her
rights. After declaring" the Irish cause had
been betrayed by Mr. Gladstone and Lord
Hospbcry , the address says :
"Traitors have brought the Irish cause
almost to the verge of ruin. The question
Is , who can save It , rhetoricians or revolu
tionists ? Rhetoric Is a poor weapon In a
struggle for liberty. Take the history of
Ireland for 100 years. What victories have
the rhetoricians gained ? None. Free
trade , that Is tlio right of Ireland to the
trade of her own account , and legislative In-
depeiubnco word won , not by the pen or
the tongue , but by the sword. "
The manifesto then gives a retrospect of
the various parliamentary attempts to get
self government for Ireland between 1793
and 1870 and concludes as follows :
"Tho campaign Is not yet over , The
struggle still goes on. A critical moment
has come. Let those who fight for the prin
ciple of Irish nationality close their rankn
and smlto the English foes and Irish traltorn
hip and thigh. Once again Ireland has got
to depend on the revolutionists. The revo
lutionists only can save her. Wo must
have no more talk. Wo musl have deeds.
One blow struck at the enemy Is worth n
thousand speeches.
"He-member this , , each and every one of
you , and the end of the struggle must come
In a blaze of glory. Now for revolution and
revolution only.
"God save Ireland ! "
AT NKW YOKIt HUT NOT AT IlKOOIU/l'N
< lrccn I'lng of Irclnnil AVnvco Oier Cothum's
Cltjr Hull.
NEW YORK , March 17. In accordance
with the Instructions of Acting Mayor Mc-
Clcllan and the resolution of the board of
aldermen the Irish flag was displayed on the
city hall today.
The green flag was suspended on a line
stretched between the poles on which the
flags of the state and municipality wore
displayed , while the stars and stripes floated
from the cupolas-above. The first flag
raised on any public building today was on
tlio new criminal court house building on
Center street.
The remnant of the "Fighting Sixty-
Ninth" attended service at the cathedral In
honor of St. Patrick's day. This time-
honored custom has been relegated for the
past few years. Major George Duffy was
In command. Archbishop Corrlgan was the
celebrant of the solemn pontifical mass
which was observed with all the pomp and
ceremony Incident to the occasion. Rev.
Father J. J. Dougherty , chaplain of the
Irish veterans , delivered a sermon on "St.
Patrick , the patriarch , the apostle and the
patriot of Ireland. "
Over In Brooklyn the day was observed
with enthusiasm , although the Irish flag
did not float from the poles of either the
city hall or county court house.
NOVKI/TIES IN CHICAGO.
Military Must Said , n Srrnioii In Gaelic nnd
an Irish Mayor.
CHICAGO March 17. There were sev
eral distinct novelties In Chicago's celebra
tion of St. Patrick's day. The Seventh
regiment , Illinois National guards , under
command' Colonel Francis P. Colby ,
started the ceremonies by , attending at St.
Mary's church the first military mass
which has been celebrated In the United
States for a number of years , St. Mary's
Is the church which General Sheridan at
tended during his residence In Chicago.
At St. Thomas church , Rev. John Car
roll preached a sermon In Gaelic , said to
bo the first ever delivered In that language
In the United States. The sermon was de
livered at the Instance of the Chicago So
ciety for Jho Preservation of the Irish Lan
guage.
For the first time In the history of the
city an Irish mayor reviewed the street
parade , his honor , John Patrick Hopkins ,
accompanied by the other city and county
officials , witnessing the procession from the
steps of the city hall. There was a very
largo crowd , the military features .being
particularly prominent , with the Clan-na-
Gael guards a conspicuous figure. Arch
bishop Feehan reviewed the procession from
the stops of St. Patrick's church.
IN CAI.1FOIINIA.
Sun rrnnclHco Colchrntos It with Gront Pomp
An Interesting Program.
SAN FRANCISCO , March 17. Very elab-
oiato preparations were made hero for the
celebration of St. Patrick's day , which had
been net asldo by the management of the
Midwinter fair as "Irish Day. " and the Irlsb-
Amcrlcan citizens did their celebrating
largely on the fair grounds. The admission
fee for the day was reduced to 25 cents , and
this helped to bring out an immense crowd.
The buildings were elaborately decorated
with a profusion of green bunting. The
celebration of the day commenced down
town , where , after the celebration of mass In
the various churches , a procession was formed
which marched to tha fair grounds. The
fair ofllclals had arranged an elaborate pro
gram for the amusement of the visitors ,
which was carried out to a successful term
ination.
Wonlg of Patriotism from IIInliop Ireland.
ST. PAUL , March 17. Archbishop Ireland
preached In the Cathedral today , on St.
Patrick's day , taking for his theme "For
eign Nationalism In America. " Foreign
nationalism In America , ho said , must bo
kept In the background , and be made to
give place In church and state to Amerl-
canlum. St. Patrick teaches this lesson.
Himself not a native of Ireland , ho became
u most thorough Irishman. Ills success In
converting Ireland to the Christian faith
was largely duo to his practical wisdom In
adapting the lovable and accidental farms
of the faith to the customs and traditions
of the Irish , gaining the good will of kings
mid lords , attuning the harp to chant
religion together with patriotism , accepting
the Ilreton code , minus Its paganism , as
the new Christian code , and preserving as
Christian customs and symbols what had
heretofore served as pagan tokens , but
which were now purified and ennobled. If
St , Patrick were a bishop In America today
hosoiild bo the staunchest of American
patriots and the most loyal of American
citizens. One nationalism la and must bo
supreme In our civil and social matters ,
and that la American nationalism. On this
condition has America admitted foreigners
to citizenship. No political segregation of
citizens on foreign lines can bo allowed.
It Is wrong to have so-called Irish-Ameri
can voters. No one should veto as an
Irishman and teek an olllco as such. It Is
wrong In private life to cultivate the spirit
of foreign nationalism at the expense of
American nationalism.
Celebrated In Kngland.
EDINI1UHGII , March 17. Mr. John Dillon ,
M. P. , speaking at a Sit , Patrick's day cele
bration In this city , said In brief : "I have
just heard Lord Rosebory speak upon the
homo rule question and In regard to the
substance of that speech I congratulate Scot
land upon the position occupied by her Illus
trious son. Moro Importance will be attached
to that speech than to any other delivered
within the last fifteen years. In Lord Hoso-
bery Ireland has * an honest and honorable
champion. "
NENVCASTLD , March 17. Mr. William
O'llrlon , speaking at a St. Patrick's day cel
ebration In thta city , said ; "I bellva the
liberal party Is as true as steel. "
HIHMINGHAM , March 17. Mr. Timothy
Ilealy , M. P. , addressing- St. Patrick's day
celebration hero , said : "Mr. Gladstone's pol
icy Is as eound us gun metal. I am satisfied
Lord Kosebery weans honestly by homo
rule , but ho must prove the faith that la In
him. The cause rcata upon statistics and
upon crime , pcaco or unity , Ireland's title
to liberty la as good as England's. "
HOW OURAY WAS MADE CHIEF
Ambuscade and Murder of Ute OLiofs by the
Bcncgado Too Beralda ,
CHIEF JUAN BENITO'S LAST CHARGE
Ute Vengeance AVrcaknl Upon Ilrrnlda'n
Ilnml of Clioyeiiiirii nnd Arapnlior * Who
Were Afterward * .Surrounded
nnd Slnnglitrrcd ,
In the year 1857 the government of the
United States , through the agency of the
superintendent of Indian affairs for the
territory of New Mexico , established n sub-
agency for the Indians belonging to the
various tribes or families of the Ulo nation ,
nt the plaza of Conojos situate on the Cone-
Jos river , ono of the afllucnts of the Rio
Grande del Nortc belonging to the San Luis
valley , and now In the state of Colorado.
Prior to this tlmo communication between
this trlbo and the authorities of the govern
ment was limited In Its character , and di
vided between the superintendents resident
at Salt Lake City and at Santa Fc , N. M.
This trlbo of human partridges were scat
tered promiscuously over a largo portion of
the rocky region of Now Mexico , Colorado
and Utah , with no apparent tribal organiza
tion. Hut during the time ot war a joint
council was held of all the leading
families , with the patriarch ot each
family recognized as Its head ; and the most
powerful of these warriors sitting as the
head chief of this usually temporary or
ganization. Partly to bring this people Into
some sort of an organization that could be
recognized by the government , and partly
to remove them from the Influence of the
Mormon church , this agency was estab
lished. The tedious work ot the organiza
tion ot 10,000 Indians Into some form of
adhesive combination was entered upon by
Agent Major Lafayette Head. A slow , ,
laborious work It was , and It promised
an abundant exercise for the cunning and
Ingenious mind ot the agent. In tlmo the
work was accomplished , and a recognition
of the power of the government was firmly
established in the minds of the Utcs as a
people. From thenceforth they were sup
posed to bo under some rule of law , or' ' '
force , that existed outside of and was
foreign to the former politics of the Utcs.
This was , of course , previous to the ills- '
covery of gold In the country then kndwn
to the people ot the United States as Pike's
Peak , and now as the great mineral center
and centennial state of Colorado. Th6 ar
rangement , however , proved opportune , and
resulted in the Utes generally remaining
friendly to the white race during all of
the years of the early settlement of the
mining region of the west.
During the time the Utes were left to a
free exercise of their native Instincts and to
ramble by families , as their Impulses led
them , to subsist upon the "products natural
to the country and to assume all of the con
ditions natural to their surroundings. As a
people they were certainly as untamed a lot
of primitive humanity as America has ever
produced.
Gold was discovered In the front range of
the Rocky mountains , and In 1859 the num
ber of people going west In search of for
tunes swelled Into thousands. The govern
ment realized the wisdom of Its previous
efforts to organize the Utcs and early In the
spring ot I860 the superintendent of Indian
affairs , who was In charge of the agency at
Conejos , ordered Major Head to call In the
principal chiefs _ of the different tribes of
Utes , and try and perfect a compact with
them that would leave the miners undis
turbed In their search for mineral wealth
In the territory recognized as belonging to
them , and yet leave the Indians to their
natural freedom , to hunt and live as they
always had. The agent succeeded In obtain
ing the recognition of a number of chiefs arid
In calling In as many as seven ot the lead
ing men , and among them the recognized
head chief of all of the Utes ; Juan Uenlto.
With the stolid dignity known only to an
Indian king seven of them mounted their
horses and rode to the appointed meeting
with the agent of the government , little
dreaming that It was their 'last rldo and
little thinking that they , the patriarchs ot
all the Utes , were In danger and were rid
ing to their death. Major Head was In the
act of holding this most Important council ,
when his plans met a sudden check , caused
by a war cry ot the Cheyennes and Arapa-
bees , enemies of the Utes , that lived on the
great plains immediately cast of the moun
tains.
Unknown to the Utes or to any of the
Inhabitants , Joe Beralda , a renegade free *
boater , who had the blood of half a dozen
Indian tribes and some Mexican In his veins ,
ami who spoke fluently as many different In.
'dlan dialects , was then In the valley. Ho
had entered the valley through a rugged
unfrequented pass through the Sangro do
Chrlsto range , at the junction of the hcaA
waters of the Las Anlmas river with those
of the Rio Costllla , at the head of a party
composed ot forty or fifty Cheyenne and
Arapahoe Indians , for the purpose of stealing
horses. Joe little cared who ho stole from
or how much , It his Identity with the opera
tion was kept a secret. His principal ob
jective point was some1 Mexican settlement
in the valley , hence his presence was not
generally known. Major Head and his
friends -would surely have been on tholi
guard had they had the slightest Intimation
of the proximity of this freebooter and hi *
followers.
During the session of the council between
Agent' Head and the Ute chiefs Joe accU
dentally became apprised of the Isolated and
defenseless condition of the chiefs , and re.
solved to murder the lot of them , and thii ! >
place himself as a man of affairs before tin
Cheyenne and Arapahob nations. It was a
cowardly affair at best , the Ute chiefs being ,
separated from their warriors and families ,
who were encamped among the willows upor
the banks of the La Jura , a stream a dozen
or more miles away.
He managed to place himself and his fol
lowers between the agency and La Jura
before his presence was known. When the
war cry rang out In the mountain air ot
Conejos valley forty armed men separated
the patriarchs ot the Ute nation from their
people. Juan Uenlto , their recognized head ,
ordered his men , six In all , to charge the
ranks of the opposing force that was fast
closing In upon them. Juan Flenlto leading ,
the desperate charge was made. Charge
after charge followed , each of them unsuc
cessful , and In each of them a warrior chief
paid the penalty ot their desperate situation ,
until In the end none remained to continue
the battle but bravo Juan Uenlto. Wounded
unto death , a last effort was made. Chanting
his death dirge amid the scene ot carnage , he
was at last successful In passing the line ot
the enemy , and ho reached the Ute camping
grounds , lived to tell the tale of woo , and
died among the people who would ever
mourn his loss , for ho had always been a
good man to them.
Thus the Ute nation was without a chief
or any recognized head , and the tribal
divisions were without their accustomed
superior , to draw from and counsel with.
Ouray , then simply a warrior , mounted his
horse > and called for volunteers to go In
search of and wreak out vengeance upon the
heads of the murderers of their defenseless
chieftains. All of the young men of the
tribes and some ot the bravest and most
Impulsive women joined him , und were soon
scurrying belter skelter over the plains In
search of the now famous Joe Deralda and
his confederates.
The face of the country seemed allvo with
the human partridges ; the Cheyennos and
Arapahoes could not escape. Their situa
tion was , in the afternoon of the same day ,
made as dcsporato for them as they had
made It for the visitors to the agency In
the morning. Secreted In a small
hill of black lava , that may yet bo
found between the Conejos river and Rio
Grande del Norte , they Improvised a rude
fortification ot the loose stones of the moun
tains , and resolved to stand a Beige. Two
hours more ot tlmo would have set them
free , but Ouray'a promptness had given to
the warriors of the Ute nation an opportun
ity for a sweet revenge.
When the bloody work was over the Utcs
returned from the fray , among the willows
of La Jura to dance the greatest war dance
ot their time , and amid the excitement ot the
hour , to elect OUray and pUce him at the
head ot the affairs ot the nation. Her.oter
disappointed them , but proved to bo the
greatest man which the Ute nation aver pro
duced
i vw w
Once again the glorious Eastertide is here !
This festive day suggests new things new thoughts and nciv clothes !
You've got along very well np to the present time , with that winter suit under the protection
of your heavy overcoat which ( unlike charity ) corers a multitude of "rusty garments' but
The season demands a change !
A few minutes spent among our ' 9 % woolens and you II quickly decide where to place your
order , They re at ranged on tables -for your quick inspection draped side by side for easy com
parison
The prices $5 , $6 , $7 , $8"or / Trousers.
novel$5
are novel- $20 , $25 , $30 , $35or Suits.
Over 2,000 styles represented and its none too many -for our large trade.
Our , covering as they do every clolh producing center of the world
. have placed us in a position where we can grow rapidly.
Our well-known superior qualities our superior styles our
Present Buying stronger assortment the exclusivencss of our styles , and our
thorough workmanship--has unquestionably placed us in a
Facilities position to increase our patronage still more rapidly in the
future than in the past.
CONFIDENTIALLY : : "We'll save you one-third of the price usuaslly
asked by credit tailors We sell for cash only You'll have no one else's loss to pay :
I 1-50
= Of Tailoring , we know and do a great deal. =
'
lour Jvawe '
207
I v ur
for South
r / / * * * f . (
Samples fi.
15th St.
Please. * .
THE BENNETT r LIBEL CASE
u c . .rnit
' n . < . .
It ia Now Under Advisetoent by Police
Jndgo Berka.
DECISION EXPECTED MONDAY AFTERNOON
State's Attorney Denies that the Article In
Question us It Appeared Wns Privileged
anil Insist ! ) that Jlnllco Was
Shonii Throughout.
Tlio Dcnnctt-Roaowatcr libel case la In the
hands of Judge Derka. The nineteen days'
hearing , which began February 8 , came to
U close yesterday afternoon , when Assistant
County Attorney Day concluded the closing
'argument for the stato.
llcforo finally submitting Its case for the
' ( defense , /Mr. / Slmeral Introduced another
authority in the nature of a recent publica
tion devoted to tlio discussion ot privileged
communications. It was In line with the
position adhered to by the defense , that the
publication of the letter was a duty to the
voters of Douglas county , and that In the
absence of malice the privilege constituted
a complete defense.
Mr. Day discussed the authorities at con
siderable length. lie admitted that the
courts were unanimous regarding the rights
of newspapers to print criticisms of can
didates for office when such communications
wore made to the voters , but said that the
Information must not bo allowed to go be
yond the voters. It must bo confined to the
constituency of the candidate , and not
printed In a newspaper of general circula
tion.
tion.Mr.
Mr. Slmeral asked how It would have been
In this case If the defendant had mailed this
letter to the voters.
The prosecuting attorney admitted that In
that event the communication would un
doubtedly have boon privileged , but insisted
that tlio fart that the letter was published
to the world at largo destroyed that privi
lege. Ho admitted that the people of the
state might bo Interested In the conduct ot
the jail , as they contributed to Its support ,
but the defendant was not privileged In com
municating these things to them , as they
had no volco In the election of the official In
charge of the jail. Thcro might liavp been
no malignity against Uennott In the heart
of the defendant , but thai Intent to defeat
Uennott was sufficient' ' rtb constitute tlio
malice contemplated In criminal libel. Thcro
was BUfllclent to' defeat'llennett without
bringing In the .Mealier scandal , or Dennett's
wife , or charging Bonifoir wlth having the
heart of an assasln. 'lJ | "
MALICE INSISTED ON.
The letter was filled jvltll mailco from be
ginning to end , nnd the maripor In which the
defendant published It war. further proof of
It. The defendant hadVtur'gono ) to any of
the parties to ascertain.ho ( truth of the
stories. Ho had acceptitja | , Htory toH by
LM ICoen , whom ho cianie.d ! In the same
article with being a contlejMl llbclcr. It did
not aliow good faith , ImOpre out the as
sumption that there was , i.Wh * > sa malice , and
showed that tlio defendant vus only In
search of defamatory mMlM to print In his
paper to defeat Dennott'j ( . was not Incum
bent on the > state to prov/ express malice.
Tlio defense had not sought to prove the
truth of any of the charges , except as to
the jail being nn aBslgnatJofi house , nnd In
that had only succeeded In raising a reason
able doubt by the testimony ot prostitutes
and blacklegs.
It this wax not a case In which the defendant -
fondant should bo bound over , It would be
useless to ever again seek to hold a news
paper responsible for Its , utterances. Candi
dates for office would Do completely at the
mercy of newspapers , and. publishers would
not heultato to gratify the mDst Intense
thirst for revenge by the most violent as
saults on the characters qf Individuals , and
then trust to finding some way'ot escaping
the responsibility by attaching the libeled
paity In some way with a public office. Tlio
.state had clearly made out.n cast ) that war
ranted binding the defendant over to the
district court , for there could bo no doubt
as to the falsity of almost every ono ot the
charges , while malice was to bo seen all the
way through the article.
The Judge announced that b would prob
ably bo ready to hand down his decision
at 2 o'clock Monday afternoon.
Cannon nml Cox.
Representative Cannon of Illinois tolls a
good story on himself , says the Washington
Post. It Is reminiscent of tlio days when
"Sunset" Cox was In congress. The New
York representative had some things to say
about a citizen of Mr. Cannon's state , and
the Illllnols man wanted to defend his con
stituent.
"Will the gentleman from New York yield
to me ? " said Mr. Cannon.
"Certainly. " said Mr. Cox.
"For how long ? " Inquired the speaker.
"As long as the gentleman from Illinois
will keep his hands In his pockets , " said Mr.
Cox , laughingly.
Mr. Cannon accepted the terms and pro
ceeded with his remarks. Ho uttered just
ono sentence and a half , and then his hands ,
which had been snugly stuck Into his pock
ets , came out and were flying through the
air llko a couple ot windmills.
"Time's up , " said Mr. Cox , who knew his
man , and then Mr. Cannon sat down.
Anybody who has seen Mr. Cannon gestic
ulate will appreciate the spirit with which
ho tells of his first and only effort to talk
without the use of his arms.
Mndo Him Itcupcct OU1 Glory.
BAKEIl CITY , Ore. , March 17. The hoist
ing of a largo green streamer and the plac
ing thereunder of the stars and stripes
this morning by Henry Rust on the flag
staff In front of his opera house roused the
Indignation of a largo number of citizens ,
nnd In a few minutes thereafter the street
In front of the polo was densely packed
with an excited crowd. Thn scene was
visited by Mayor Palmer nlid ho refused to
reverse the position ot tlio flags. After a
brlsf council the mayor Instructed the chief
of pollco to haul down the green streamer.
It was done and the crowd dispersed. Rust
Is an old man.
A.MUSRME1NT3.
GERMAN
OPERA.
March 22-23-24
GGHRIED-FERENCZY
COMPANY.
E ho Larcest and Most Coniplnlo Oomlo Opera
Organization now boforu tliu I'nblle , pro-
, " UinlrCirt'utSiiccuHH.
THURSDAY AND FRIDAY KVHNINGS. AND
SATURDAY MATING ! ! ,
"TKE TYROLEAN. "
( Our Vogollmoiillci- ( )
SATURDAY EVKNINO ,
'LAUGHING HEIRS , "
( I.uclioiiilo Krlicn. )
Snm ; > StnrOuHt , Mairnlllcem Squnery , Goreuotm
Coxtiiinus. Splendid MlNo-im-Scumi as produuuil
for OVIT lull CONHEOUTIVP. NIC1HTS lit tliu
IrvliiK 1'lacoTheater , Now York ,
A Coin/o Onri I'niiliint Inn 1'tiro
anil Lfntnlnltfrtitotl.
Notwltlmtamllnirtliemiormou * nxnoiiBo , no ral o
In prluuu. lluHl c.itu , tl.UU ,
Sale of Sonta Boglna Wotlnoicloy.
| ' © SUNDAY. MONDAY
Q MnroU 18-10.
TWO NIGHTS ONLY.
\Vltli thu Greatest Company they 1mo cvcruwnoJ
PRIMROSE & WEST'S
TAHOl'd
HEW FACEU NEW IDIASI
Acknowledged Ilio Standard of Kxri-H w > If
5011 wunt tu 100:1 MINSTIIKI. SIUW ( "Jin ami
BCUUH. Sue thu Mliibtnil Sfimatlon , TUe ( i.uniof
root IJnll botwren HIM llaj-nluu VH. Ilio llc.irtlcx.
BALE OPENS SATURDAY AT USUAL PRICES.
OBERFELDER'S
Retail Department
1508 DOUGLAS STREET.
Largest Stock. Lowest Prices.
R.EXASONS
WHY WE SELL CHEAPEST :
BECAUSE
We are the only wholesale
hotiss in the city. We import
n great ninny of our own goods
which has been proven by the
v. Omaha custom house ; buy in
the largest quantities only
from manufacturers , there
fore , we can save you 25 pet-
cent easy on all goods.
OUR FIRST TLOOR Contains nothing but Trimmed Hats , Ribbons ,
Laces und Velvets.
OUR SECOND FLOOR Contains lints , trimmed nnd nntrlinincd ,
ranging from 15o upwards. Plnworo from lOo
upwurdt ) . Feathers of all colors from 25o , thrco
in n bunch , upwards. If you don't wish a
trimmed hut or u line pattern on untrimmL'd
liatn and mntoriuls wo beut the world.
AMUSHvMKNTS.
" * MATINEE TODAY
4 % $ & . . .
U'JJWV/JS DA Y MATIffll .
ENGAGEMENT EXTRAORDINARY
NEW YORK HD rr NAVAL
BOSTON'S AMI Jtl3 JL VT SPECTACLE.
O r r TUB OOKQRKSS OF NAV11W. Till" JIUISKO MONA8TKUY , Tl.o . Hlos |
SEE taiwaoniiY5yiK
J'otltli'oly IJ/iwo" ' of l/iu IVoHonf HCJ IHOH'H Irttlllnt
I5TH ST , TjiEaTER 8
TlinOn-at Lauttlilni ; I'oant.
THE YOODO. . ' 'OR ' A LUCKY CHARM,11
\S'lth tlio Popular Irlhli Coniiill in ,
THOMlftS E. MURRAY.
Formerly with Murray A. Miirpny
nnttt'r , Ilrltflitiir , llrciulor than over.
MiUliifn.Siminl.iy. _
'
'S Mabel Eaton.
MARCH 20 and 21 ,
SI'KCIAI , MATINKK WKDNK8DAV
MABElTEATON
Autl her ou u powerful company In D.irld IVUm-
co'u romantic drama ,
Seata will V > o put on iale Monday at u aal price * .
GETTY'S
Fine Millinery.
Elegant Patterns
Hats and Bonnets of Our Damning
Latest Styloa ,
Now Stock.
GETTY'S
1417 Detfglas St ,
