1801--TWENTY PAGES. Incompetent , Irrcvalcnt and Immaterial. The Court What WBH said ? Mr. Simcral Note an exception. A If I remember It , he was looking over the nppcarancs docket of the court , and ho turned to this Jardlno case , or wan about to , nnd ho spoke to me concerning It and In reference to the defendant In the cane plead ing guilty , and asked me If thorp was Bomo Hpcclnl Influence , or omo special null , or some words to that effect-I don't remember Just the word ho used by reason of which ho had the sentence suspended. Q What did you say to him ? A I told him there was not ; that I thought It was a deserving thing to do ; that the court did Just what ho should do In the caso. QWhnt did you nay to him about the course pursued In rcfcrenco to the case of .Inrdlne ? A. I said that the court hod spoken to run about the matter nnd hod told mo about what he was going to do , nnd I thought It was a wise thing. Q. Thai , you ny , was on the 9th day of this month , after the disposition of the Jurdlnu car.o ? Mr , Sltncrnl That Is objected to , as the records arc the best evidence , The Court Answer the question. Air. Slmernl Note an objection. A. It was the day , your honor , In which action was taken In the Jardlno cnso. I don't remember exactly the date. Imme diately after the action was taken , before I left the court house. The Court Cross-examine , If you wish to , Air. Defendant. Judge Duffle I wish to Inquire nt this Btago of the proceedings If you Intend to allow the defendant to bo represented by at- tornoy. The Court You heard what I said , didn't Judge Duffle You said that he should bo so represented. If I remember that ho should bo su represented. The Court Didn't you hear Just what I siild now ? Judge Duffle I understood your honor to address yourself to the defendant. The Court I did , sir. I said. "Hnvo you or your counsel any questions to nsk ? Didn't you so understand It ? Judge Duffle No , sir ; I did not. The Court You should have beard It. Judge Dulllo I beg your honor's pardon. The Court Granted , sir. Cross-examination by Judge Duffle : ( J Did you have n talk previous to the talk you had with Air. Perclvnl. with him and Air. Haynes ? A The two gentlemen came to my olllce , I believe some time 1 don't remember whether before or after this action -In the Jnnllno case. Q You hail a conference with them to gether about that case , did you not ? A Yes , sir. Q. IH It the same conversation that you have related here ? A. No , sir. Q. What , If anything , was said about the case It was previous to The Dee to the publication of this article , was It not ? The Court You need not . , answer the question until the Interrogation Is put to you by the court. Judge Dullk Note nn exception. Q. In that conversation , to which I have referred , nt which Air. Haynes was present , wasn't It had In reference to the matter of the letter published In The Dec or the nrtlclo published In The Dee , or the letter by you published In The Heo ? A. 1 think It was In reference to a letter I had sent. This is what It was , when I come to think about It : I 'had sent a communication to The Dee with reference The Court What conversation are you alluding to ? Judge Duffle To the conversation with Air. Haynes and the defendant. The Court I was only Interrogating you on your conversation with the defendant. Conflno yourself to what was examined upon In chief. I asked you nothing about a con versation with Air. Haynes. Air. Slmeral It Is the same transaction. The Court I have ruled on It , sir. Judge Duffle Note an exception. Judge Duffle Did you In that conversation express surprise that the plea of guilty should bo allowed In that case ? A Which case doyen yon refer to ? , QThe Jnrdlno case. A In that conversa- " tlon I Ifad nt my office ? The Court You will not answer anything about a conversation you had In your ofllce until I examine you about that. Judge Duffle Note an exception. The Court Your exception goes down as a matter of course. Judge Duffle You had a conversation , as I understand It , with the court , as to the best * i met hod of proceeding In this case of the State against Jardino ? A Well , the court told me what his views of the case were , ns I said ; yes , sir. Q. Was that before or after the plea of guilty was entered In the case ? A. It was before the plea was entered. Q. Who was present nt the conference you had with the court In reference to that matter ? A. Judge C. R. Scott and myself. Q. Any ono else ? A. No , sir. Q. Where was that conference or conver sation had ? A. In the judge's private room. q. Was any conference had between you before the pica of guilty was entered ? A. I say It was before the plea was entered. q Was Air. Jnrdlno or any member of his family present ? A They were not. q Had they been before that time ? A They had not. q You had not seen them In reference to the case ? A I never saw Air. Jardlne , NUMBER 3. Send or bring FOUR coupons and leu cents In cola to llilH ofllcn and Krilv > ill > nlnl ! l > nrt of tlilB Buiicrt ) work Din Hloiy of HieVui - told by the leaclliif cuneralu on both BlclcH. BIAU.MI'ICKNTI.Y Il.l.USTItA rttl > . BINDING OK TUB Dream City Portfolio The genuine Morocco binding In clegnnt style , at the low price of 11.00. can bo had at FcSTNER PRINTING CO. BINDERY , successors to 1' . U. I'eitnor. K tablbhud IBGU. Wo doouruwn binding. FESTNER PRINTING CO. , 1.107-1) ) Howard St. , IIKTWIBN ; , VNI > J.-ITII SVUKCTS. SERIES NO. 5. , Sunday , March 25th DICTIONARY. Only that number ot thn book Inewllhtlio Hcrlcn number of the roiin | > nn presented , will ba delivered. Sunday and Tliroo Wcek-diiy coupons , wlthlScjnUln : otn , will buy ono pare of Thu American Knoycloi > mHo Dic tionary. Send or bring to'1 ha Dee OIUco. Mall should bo audrimoc ; to DICTIONARY DEPARTMENT. ' sr , , nor Mrs , Jnrdlnc. nor the children , nor nay one except the defendant nnd his brother , In my life , that I know of , and I hadn't neon either of thorn for six months previous to that conversation. Qv-Yoii nay you advised with the court In relation to allowing the defendant , Jordlne , to depart ? A To he released upon bond until the September term of the court , Q Did you nt that time know of n nee- tlon of the fttntuten of tills nlato which pro vides that In cnso of a pica of guilty the pica Rlmll bo entered upon-tho Indictment and thn accused nhall be placed In the cus tody of the nhcrlff until sentence Is pro nounced ? A I don't know ; I think there la a ntatutc of that kind. Q I nuked you If you know of that ntal- ute ? A I hadn't read It In reference to thlx case. , I have a general recollection of a statute of that character , Q Since you have been prosecutor you have had several pleas of guilty entered , haven't you ? A YOB , sir ; quite n number of pleas of guilty , Q And you have taken pains to In struct yourself with reference to your duties upon the entry of such a plea ? A t always try to perform my duty , Q Did you read the code or this statute In connection with such cases ? A I have a general knowledge of a statute of that kind being upcjn our statute books , Q Did 7011 , at the time of your conversa tion with the court , Inform the court that he had no power to release the defendant upon the plea of guilty , but that ho must remand him to Jail until sentence was pronounced ? A No , sir ; I did not call attention to any thing of that kind. I was simply looking after my part of the duties of this court , nnd relying upon the fact that Judge Scott would attend to his part. ( } Isn't It a part of your duty to ndvlse the court when called upon by the court ns to what the statuteor the law of the case Is ? Isn't It a part of the duties of your olllce to Investigate those "very things , Mr. Kaley ? A I'oHslbly , Whenever the court aska mo for on opinion or to Investigate anything I have always tried to comply with the request. ' Q Did he ask you to Investigate this mat ter ? A * Ho did not. Q How did It come , then , that any confer ence was had betwden you with reference to what was best to bo done In the case ? A It was more on the question of facts sur rounding the case than It was a question of law. There was no question of law raised , as I recollect It now. Q. How did you ascertain the facts ? A. Well , I don't know. There Is a number of persons had spoken to mo aboni 'this case who knew Jardlno nnd who knew his family nnd the family connection nnd so forth , as tlicy do In n number of cases. Ills attorney had spoken to me about It nnd told mo what ho know about It. Q. Who was his attorney ? A. Mr. Cal- dcr. dcr.Q. . You had already tried one jointly In dicted with this man for the same offense ? A. Ono of my deputies hail conducted the case ; It was tried under my jurisdiction. Q. Then the full facts In relation to the matter had been ascertained ? A. They had , yes , sir. Q. And the man who was Jointly Indicted and who was the servant of this man Jnr- dlne was already sentenced to flvo years In the penitentiary , was he not ? The Court You need not nnaiver that. You have gene as far a I will permit you to go. You arc going outsldo of the exam ination by the court. This Is a question ns to whether what this defendant wrote Is a contempt of this court. It Is to that that you must conflno yourselves. You cannot go out of that. Judge Duffle I do not wish to , If your honor please. The Court You cannot i.sk this question. That Is ruled on. If you have any other questions to ask , I will pass upon them. Judge Uullle Note an exception. Q Who tried tho-caso of the state against Smith , jointly Indicted with this defendant ? The Court Yon need not answer that. Judge Duffle Note an exception to the rul ing. ing.Q Q Did you know of a statute of this state In the criminal cede which made a defendant who had been convicted a prisoner of the state , and that the state should pay the charges of his keeping ? A Yes , sir. . Q After conviction ? A Yes , sir. Q Did you call the attention of the court to this stntutu In advising him about the matter ? The Court You need not answer. Judge Duffle Note an exception , Mr. Re porter. That Is all , then. If your honor please. The Court There Is one matter I over looked , Mr. Witness. Did you have any conversation with the defendant and one Mr. HnynoH , when the defendant and Mr. Hnynes were present In your room , with reference to a communication that you had sent to The Bee relative to the article which yon refer to ? A. Yes , sir. Q. When was that conversation with reference to the disposition of the Jardlno case ? A. Well , It was some tlmo after ward. It was after this article to which I have referred was printed In The Heo nnd I had written a reply to It and had sent It over to the editorial rooms of The Dee for publication , nnd the next morning I sent It over In the evening and the next morning Mr. I'erclvul and Mr. Hnynes called nt my offlco with the article I had sent over there In tholr charge. Mr. Slmoral Mr. Kaley The Court Only one attorney will cross- examine. Judge Dullle What was that conversa tion , Mr. Kaley ? A. In tills communica tion I sent over I ended the communication up with reference to the article /which I said among other things that the 'article was a libel upon the court In my article , and Mr. Haynes wanted the privilege of erasing tfiut phrase that I used In that con nection , stating It was a libel upon the court that this article was a libel upon the court , and wanted my permission to change that , and I granted that permission. Q. Is that all the conversation ? Mr. Slmoral Answer that yes or no. The Court I have already said that but one attorney will cross-examine. Air. Slmernl I was merely making the suggestion. The Court Well , you can't do It. Now you keep still. JudgH Diilfle I asked If that was all the conversation yon had with reference to that ? A It wan. ( J During that conversation , didn't you say to Mr. 1'erclvnl and Mr. Haynes that you were going right on to try the Jnrdlno case when the plea of guilty was entered ? The Court You need not answer that. I called out no conversation. , Mr. Slmoral You asked about a conversa tion ? The Court NQ , I did not. Judge Duffle Then what was the use of your honqr't } quotation , If It was not for the purpose of bringing out a conversation ? The Court Mr. Reporter , have you any conversation there called , out by the court ? The Reporter I think not. The Court I have not asked for any con versation. Judge Duffle Then that It nil , your honor. Witness excused. The stenographer of Judge Scott's court tCHtlllcd to an Immaterial conversation ho had had with the defendant. * The { Jottrt Some tlmo before tha article In question was written Mr. Slmoral Is your honor giving ovi- denco-now ? The reason I ask , I should Ilko to have the record show that your honor was not sworn as a witness in the matter. That Is all I ask for. The ( Jourt Take down , my statement , please. Mr. Slmoral Note an exception. The Court The court knows of Its own knowledge that the defendant Is nnd was at the time , on the 9th of thin month , at the time of the disposition of thu Jardlnu case , nnd at the time or on the date on which the article appeared , that the defendant , Wcshlngton D. 1'erclval , wan the reporter for this room , to-wlt , the criminal branch of the court , for The Omaha Ilou , morning and evening edition ; that the defendant had told the court on several occasions that It was his business to report the proceedings of this court to The Omaha Dee , a newspaper pub lished In tha city of Omaha at that tlmo ; and the court knows that the defendant was personally present and had been personally Ijrt'sent from day to day taking notes of thn proceedings of this court , the criminal branch of the district court In this county , Air. Slmeral May we read our answer now ? The Court No , air. The court now Introduce * In evidence a copy of The Evening Dee of March 3 , 1894 , particularly the article on the last column of the first page of The Evening Uee of that date , It Is received In evidence , Air. Slmeral Note an exception. Air. Durchard , a reporter for the World- Herald , was called by the honorable court for the purpose of showing that Tha Itco Is n paper of general circulation. Q Do you know whether The Heo Is ROII- crnlly circulated here In this city ? Mr , SlmernlOf your own knowledge. A I know It has some circulation ; ns to thn extent , I don't know , The Court Of course we don't expect It to be ns largo as the World-Herald , but It has ft general circulation ? You see It fre quently , do you ? A Yes , sir , Q lloth morning nnd evening ? A YCB , sir. Witness excused. The Court I wish to state further that The Omaha Dee Is a newspaper circulated generally In this county , nnd that the edi tion called The livening Heo of the 9th was circulated throughout the City nnd In the county of Douglas , In which this article was published , and In nnd around the court houde. Have you any evidence ? Mr. Slmoral Yes , yourhonor ; this Is the answer of Dashlngton I ) . 1'erclvnl In this case. ' , ; The Court You cnn't read It. If you have any evidence I will hear you. Air , Slmeral This Is evidence. This nn nnsnor , which under the rules of the court Is ndtnlssablc. The Court Have you any evidence ? Air. Slmeral Wo only have this answer , which Is n complete and absolute defense In this case. ' * The Court You can't read It. Air. Slmeral Your honor wlll.nolb nn ex ception for not permitting us to read the answer of the defendant , which Is swbrn-to. Judge Duffle And offering It as 'n full Justification of the charge. The Court The court has not Instituted theao proceedings for any other purpose than to protect one of the Institutions ordained by the people , organized'by the people , the sovereign authority of the stnto for the protection of life , liberty nnd property. Had this nrtlclo reflected upon the pnrsonnol of the court If It had ended there t should have taken no notice of It , I can not stop the court for the purpose of vindicating the personnel of thn court ; I can not do that , I will not do It. No matter what any one may say on the streets about Judge Scott. Judge Scott , as judge of thin court ( will take no notice of It. I was not -iccted tq this position for that purpose. I was elected to this posi tion for the purpose o administering the law honestly , equnllr and fairly to every man , black or white , nigh or low , enemy , friend or foe , and I luivo done that. I can lay my hand on my heart ( patting his shirt bosmo ) nnd say I havt > never varied from that. I do not believe I nave got an enemy In the city of Omaha that would accuse mo of It. I do not know how I try not. to do It , because I should bo violating my own sense of right. The people elected mo here fortho purpose of protecting this Institution , this court In which the people's rights are passed upon , where llfo itself la the stake , life , liberty and property. Now , there Is no other way , no matter , so long us the people have confidence In the Integrity and honor of the court , no matter what may be thought of the personnel of the court no matter , so long ns the court has the confidence , of the people that there will bo no corruption there , so long will the liberties of the people be safe , but when the court Is dragged Into the filth , when nn Institution that Is the only In stitution for the administration of right and the prohibition of wrong the preserva tion of the rights of the people , so long ns that Institution is kept above reproach , so long will the liberties of the people , their lives , their property , bo safe. Whenever that fails , human life , human liberty and human property Is nt the mercy of the mob. And the people demand of their Judges they have therlght to demand the law de mands and the oath of the judge demands that the judge of a court shall see to It that the honor and Integrity of the court Is not dragged Into the slime and filth of personal matters. Now , there , are two kinds of contempt , di rect and constructive , and the question hero Is , docs this article that Is , this article that was published In The Evening Dee of he 9th of this month. Is that calculated to bring the court not the Judge , but the court as an organized body for ho administration of law and the protection of life , liberty and prop erty Is the court brought Into contempt , ridi cule nnd disrepute ? Let me have that paper. Now , let mo read : "Justice. without equal ity. Sentence adjusted to nt the man. One party to a crimp , gets , a five year ? ' sentence in the penitentiary , while the other geta the benefit of a qull , " Those are the headlines , "Persons who were around the criminal sec tion of the district court yesterday after noon" that is this court "witnessed a strik ing Illustration of what It Is to be possessed of a pull. These same persons were also given an Illustration of how easy It Is for a man to keep out of the penitentiary If the pull Is worked for all it Is worth. " What does that mean ? That only nieans 'ono thing. It cannot bo understood b'y any man sane enough to bo out of the Insane asylum to mean anything but ono thing. It means that this court Is corrupt , nnd was corrupt In that case. In that It adjusted the sen tence in the disposition of that case , nnd the sentence of criminals in other cases , according to n pull that the defendant had on the court. What does that mean ? It means that some criminals have an advan tage of tho. court , by money or some Influ ence of some kind a power that other crim inals have not got ; hence those who have not got them go to the , penitentiary , while those that have those' nulls star out. If these thliirrs are so. , as I said the other day. If these things arc so , If these facts nro true If any man brought Into this court has a pull on the court which determines , outsldo of justice and right whether ho shall go to the penitentiary or whether ho shall stay out of the peniten tiary , nnd If he goes to the penitentiary how long ho shall stay there If such corrupt in fluences are practlved In this court , you owe to yourselves nnd to the people of this city and this county to Immediately prefer charges against this court for being corrupt and have him removed. You owe It to your selves If that Is true. I am not fit to sit' here no man Is fit to sit upon the bench , and that is corrupt no man Is fit to sit upon the criminal bench or any other bench of a court Umt will measure out his sentences on account of some p'nll that some people may linva on the court. It Is corrnp , and Just at ) , corrupe ns taking money. If John Smith Is brought hero on a criminal charge and this court favore him because John Smith Is a friend , the court Is just as corupt -though John Smith had paid the court for favoring him , nnd it It a violation of the judicial oath of any Judge to do It , and not only that , but perjury , corruption , black perjury , for any judge to do It. So far as that article U con cerned , It might just as well have charged that the court was paid for sending some men to the penitentiary anil keeping others out. It might just as well have charged It ; that is what It menas ; it cannot mean anything else. 1 stand squarely on the record , gcntlC" men. Don't imagine for ono moment that there Is any white feathers turned on by this court ; don't Imagine it. I don't fear nothing while I am doing my duty , 'Don't Imagine for ono mlnuto that hecaiuu'lt was published In this snmo paper tfid other day that It would result In my being removed from this bench don't Imagine for ono moment that you have any terrors for mo whllu I nm doing my duty. Don't Imagine It for ono moment. Don't hesitate .on my account , If you know anything corrupt on the part of the court , don't hesitate a minute. The records are open to you ; they are open for Inspection , If this court has done anything corrupt you owe It to your selves to put the machinery in ijiotlon to see that ) am removed from thisbench , but I want to serve notice on ma..that you will not remove mo until you do It. You can't remove mo by slanderous articles ; you can't do that ; nor you can'L frighten me ; not a bit. I am " hero trying to servo the people , not any one man. This court belongs to thn people ; , It don't belong to any ono man because that man may happen to run u newspaper , or be cause he happens to be a reporter" on U newspaper. This thing 1ms boon running on me now about two years. Don't denim for one moment , because I don't lost ) ana wink of sleep because I am attacked , not , ono. I know 1 am right , and when u man knows he Is right ho should not fear the devil and hi * angels , nnd I don't fear the dovll and his angelu. Now. l have the law on my side In this this case. I delayed this matter for several days because I did not want to be hasty about It. but I didn't delay It with tha Inten tion of not taking notice of It. I don't know , ( have hoard of such a thing as fear , but I never learned it ; I don't know what it Is ; I don't know what it menus. You can go out , as was done by ono of the attorney ! In this case go out on the street and say that Judge Scott should resign , and If ho don't , we will make him resign , we will re move him. You may do that ; that don' make any dlffoTcTSco , not A particle. I go homo every night nnd hear the same thing along the utrcflt and tot the same thing Irom every aourvk. but 1 can't bring those fellows up for coiiempt. Now , when I say that I mean Jujl rwhat I say exactly. An attorney at Inwtti part of the court a sworn ofllcer of the cmirt , who will go out on the street nnd talk that ho Is going to remove the Judge he should resign , for wo are going to remove him anyway as If ho could undo what the people have done , The people run ( his country , ntftlxrtile It * but In this state sometimes they Overlook that fact , A terrible state of things for one member of the bar to uo and raise general havoc with the court { because < ho don't Ilko the Judge of the cotfrtj that -would bo a terrible thing. Rut It 'don't annoy mo a bit , not n bit. I am perfectly easy. I have not missed n meal In two years , nor lost a wink of sleep , nnd I don't Intend to , nnd I am going to serve my term nut. lo you understand ? Here Is , \ cnso published In this Glth Illi nois which says this : That there are two kinds of contempt , direct nnd constructive. A direct contempt Is one offered In the pres ence of the court , whlla sitting judicially ; n constructive contempt , ono which tends to obstruct or embarrass a. court , though the act be not done In Its presence. The pub lication of an article In newspaper nt n place remote from that where thu court Is being held , concerning a case pending In the court , which had a tendency to cither prejudice the public or corrupt the adminis tration of justice , Influence the court by a threat , popular clamor or to reflect on the tribunal , party , .Jurors , witnesses or the counsel , held , contempt of court , and pun ishable us such by process of attachment. Mr. Slmernl That case has been over ruled , your honor. The Court I don't want to hear from you. Will you keep stlll Air. Slmeral Yes , sir. The Court Well , do it. You nnnoy the court by your clatter. V The honorable court hero read two decis ions on thu question of contempt nnd then continued his discourse ns follows : Can there be anything plainer than that ? If this Is true , what criminal can come Inhere hero and feel that after being convicted , either upoh a plea or by a Jury , that his In carceration , or whether ho should bo In carcerated or not , depends upon a pull ho has or might have with the court , to corrupt the fountain of justice In the court ? Whnt man would come here ; with this state of things , and feel for one moment that his life , his liberty or his property was safe in such a court ? The fact that the convenMon which framed the constitution had the sub ject of contempts before them nnd placed n limitation upon the legislature , but none upon the juducinry , to punish con tempts warrants the concludon that the courts have a right to exercise such common law powers as might be necessary to preserve their authority nnd enforce their legal pro cesses or judgments and decrees. The citi zen has a right to comment upon the pro ceedings nnd decisions of a courl > to discuss their correctness and fitness or untltness of the judges for their station , but he has no right , under the Second section of the bill of rights , to attempt by llbelous publications , to degrade the tribunal. Such publications would bo nn abuse of the liberty of the press , for which ho Is responsible. If I let this thlnS pass by , this court would morlt the unutterable contempt of every member of the bar , andof every man who appears hero as j Juror , of every witness. and of everybody i ftao that appears hero in this court would merit' the utter and In expressible contempt of the people , because leaving leaving that go by when It Is ad dressed to the court , Is an admission that the court has no defense to make. The honorable court then relieved himself of n personal nttppkuppn the defendant nnd then continued his learned dlssertlon as follows : Of course you understand that I nm not saying these thing * with my eyes shut , at all. I know just-wfiat'l am saying , and I know what the Vcoaiilt will be , as well as anybody. I know that the mud mills are now being prepared and will be turned loose within" the next fdflr on , flvo iSvcekir. Well. you can turn on xour mud mills , nnd nobody will care less abfttibllt than I do. Dut there ' Is one thing cerliM.- 'don't care who the reporter is , I don't care what paper ho re ports for , If I catch him lying about the court , .or reporting a lie , .ho will stay out of - ffh'o floes come -In , I can say. that this court 4g > go\ng \ on running. and It 'Is goln'g Co be protected. I have got the power to protect / , , ardj..I am going to exercise It. You can , , Just us well under stand that reporters whi > come" ' here and un dertake to meddle with facts In cases here after , and write libels upon the court , or undertake to Influence. jurors against at torneys , or reflect upon .attorneys who arc trying cases In this court , will be brought ' " up , sure. " Thojudgment of- the court Is that the de fendant Is guilty of contempt. Air. Slmeral We want your honor to note an exception. The Court I don't note exceptions , sir ; the reporter notes exceptions. Air. Perclval , have you anything to say why sentence should not bo pronounced against yon now ? Stand up here. Air. Perclval I have jriy attorneys here ; I want my attorneys-1- The Court I won't hear them ; I want to hear you. , . . Air. Perclval I have , nothing to say. * The Court You have .nothing to say ? Air. Simcral Will yo'ur honor hear coun cil ? I think I can convince your honor that the man Is not In contempt The Court I have already decided that. Air. Slmeral And that the law Is with the defendant The Court I have decided that. too. Air. Perclval , did you -write- , this article of your own volition ? Air. Slmerul You need not answer that question. The Court You tell him that again , sir , nnd I will have n contempt against you. Air. Simcral I nm hero appearing for the rights of my client The Court You have been Itching to get into jail yourself. Air. Slmernl No. This' ' gentleman is my client The Court Air. nalllff. call the sheriff. If this man interferes again , you put him under arrest. You can't run this court worth a cent. Air. Defendant , did you write that article ? Air. I'erclVal refuse to answer that ques tion , your honor. The Court Take that down , Air. Reporter. Why do you refuse1 to answer ? Air. Perclval had- turned to speak to his attorneys. "Air. Porclval , come back here , " shouted the honorable court. "I want to warn you against advising him to do this , " shouted the honorable court to Air. Slmoral , who was holding it hurried whispered consultation with Ills client. Judge Duffle Ifyour honor please. I nm hero us attorney for this defendant The Court I , undcr.slnml that , Judge , I understand that ; . Iiiindorstaud exactly the situation. , Sit rtoTviijui moment and I will explain this to youi'iti ' Judge Duffle Tim cHtirt has already foulid this defendant guU.Dff The Court I woj 'tpo , ( Interrupted. Judge Duffle I OlMUDni ) jny rights as an at torney. I am heroes the attorney of this defendant. , jj The Court AudiI | jam here to pass upon this case and n ntHiy/t | / , the defendant. Judge Duffle I .jhlnk the court has no right to ask the ijefgndant for evidence In the case now. , _ , , , The Court I have/i right. I have a right to ask him any question In regard to thu crime for which lifu'ifi been convicted. For attorneys to stand , , | hurt ) and tell a party that ho ban been , jyjt lijted or a crime tell Inn I that ho need u ityunswor a question ilo that again I meat ) , just what I say Mr. Sheriff , If they deL It aguln , you put them under , arrest. Mr. I'eVclvul , I now ask yon again , what Is the reason you refuse to answer that question ? Air. Perclval I refuse to answer that ques tion , too. The Court You'rcnise to answer that ques tion ? Take that down , Air. Reporter. You stand mute , then , do you ? Air. Perclvttl Yes , ' 'sir , The Court I will require you to enter Into a bond for $500 tot1 'your ' appearance next Saturday morning , ut which time I will pro nounce sentence upon you. The defendant U In your custody , Air. Sheriff. Judge Duffle Your honor will pleasb note an exception to the order. The required bond was given. l.lr I'rliimur 1'ommUn Suicide. YOUNOSTOWN , O , , Afnrch 21. James 0. Campbell , convicted a few wreku ago of kill ing hU wife and now serving llfo sentence In the penitentiary , committed sulcldo In jail early today. JUST IN HIS MINI ) ( Continued from First Page. ) "The wisdom of having the national rapltol at a small city Is shown by the Coxey move ment. If the cnpltol wcro at Now York or Chicago these movements would be frequent. Paris Im3bcen In the hands of Coxeya three times. " Representative Dalzcll , republican , of Pennsylvania ; "Notoriety In at the bottom of It , nnd It would have fallen long ago It It had not been heralded In the press. It will fall of Its own weight. " Representative Alcdann , republican : "Thero appears to be doubt ns to what the pur pose of the movomcnjt will be. A Chicago leader In It jays ho Is coming to Insist that Indians shall not bo confined to reserva tions. Coxey's purpose appears to bo to have the government build roads , and thus give work to Urn unemployed , It Is noticeable - able that organized labor Is not Identified with this movement. Organized labor has confidence In Us own ability to ultimately secure a fair shnro of the wealth It creates , which In all It asks , and that the govern ment shall not extort It from them by un necessary tax en the necessaries of life , " Representative Wheeler , democrat , of Alabama : "Tho movement will probably die out before thn army reaches Washing ton nnd nothing will bo accomplished. " Representative Droderlck , republican , of Knnsns : "I have not taken the Coxey movement seriously. Men having Intelli gence nnd regard for the'public good could not bo Induced tu take part In such n con siderable number as to make the move ment formidable. In any ovrnt nothing could bo accwyillsljcd by such an appeal to congress. " - * ' C'uxny HUH u Itlvill. DENVER , Alarch 'U , Dert Hamilton , civil engineer and actor , Is organizing an army to go to Washington and demand free coinage of silver , the construction of a now railroad from the Ohio river to the Pacific coast nnd other legislation In the Interest of the west ern portion of the United States. He has called a meeting of the unemployed" for to morrow night , and meetings will be held throughout the week to promote the move ment and effect nn organization. The start will bo made next Saturday or Friday , nnd Air. Hamilton expects to leave Colorado with at least 5,000 men and gain recruits all along the line. The army will demand free transportation of the railroads. Wilt Not lln Itrrrlvnl ivltli Open Ann * . PITTSDURG , Alarch 21. James E. White , general superintendent of the railway inal service , was among the passengers at the Union station today. Ho was on his way from Washington to Kansas City to make Inspection of the service there and at other western points. "If. Coxey ami his army ever succeed In reaching Washington a warm reception is In store for them , " he re marked. "Tho people of that city are thor oughly aroused , and the authorities are not blufllng when they stnto they will check any demonstration by locking the Intruders up. They mean to do that very thing. KAt'IXti K.lSIAl. 1'ltO.WlSKn. Will llniuiioii I'roinUr * to IMuko Disclosure * Hint Will Implicate Wull Known Mm. ST. LOUIS , March 24. Will Drannon , the well known horseman , met P. A. Drady ol the East St. Louis track and made some disclosures In regard to Tanner the "Ringer" recently ruled off that track. Ho promised that In the event of either Judge Perkins or Secretary Ed Hopper of Latonla coming to this city today , or If a conference could be arranged with them , to make n statement which would Implicate In exceedingly dark transactions some men who stand very high on the turf. Drannon says that the horse caught In East St. Louis under the name of Golden Gate was Tanner. "It was In August of 1892 that I bleached Tanner to a chestnut nnd sold him to D. G. AIcDonald for $1,500. " said Drannon. "AIcDonald knew what the horse was and run him three times at the Detroit meeting as 13111 Brown , winning each time. At these races Brown was rid den by George Rlchlngs , the man who brought the horse hern ns Golden Gate. I do nut know just nt what races and just what times McDonald has raced Tanner , but I understand the old gelding has won him $50,000 since ho bought him. " AVon l y Six 1'oliils. BERGEN POINT , N. J. , Alarch 24. At the Carte ret Gun club's grounds Messrs. Fred Iloey nnd L. S. Thompson of New York defeated George Work of Now York nnd C. A. Alacknlcstcr of Philadelphia In a pigeon shooting match by a score of 17G to 170. IIixlgrH Only Ono llt-liiml. NEW YORK , .March 24. The twelfth game In the United States chess championship match was won by Hodges. Score : Sho- wulter , C ; Hodges , 4 ; drawn , 3. Clmllongn fur the Championship. TORONTO , March 24. Champion Oarsman Gaugaur announces ho will row Harding , the English champion , three miles for $2,500 u side nnd the championship of the world. HUNTING FOR , TROUBLE. Story of u Fighting C'oonVlio Invailcil r.iiincll lllufT * . Peek's Sun relates that Council Bluffs was quite a place before Omaha was dreamed of ; then people began to cross the Mis souri river and a new settlement sprung up , and Omnlju came Into existence , It was u lively plavo In those early days , and n more mixed population could not be found anywhere In the United States. Fights were of frequent occurrence nnd any man who posed I\H n lighter could get all he wanted on short notice. Among the transients who visited the town nt regular Intervals wits a ranch owner who owned a ranch on thn overland trail , about 100 miles west of Omaha. Ill' was nlwnyp accompanied by a darkoy who was noted fur two things good humor and a fondness fur fighting. He was continually hunting for a pretext to light some ono and when wulktng on the street ho was nlwayK forced to walk on ahead , so his master could witteh him nnd keep him out of trouble. The rancher visited the town on ono oc casion to purt'haxe Bonio supplies for his men , and ax usual hud the negro who was known as Deb with him. They wore walkIng - Ing duwn the main street of thn town with the neuro In the lead. Suddenly he stopped. "Say , Alassa George , " ho asked , "did you see dut Rhine ? iiiilii Jos' go by ? " "Yes. I saw him , " was the reply. ' "Wull. 1'BitiJes' goln' to lick do stullln' out o' him.1 "What did ho do"nkked his master. "Well , you kin hc'lleb et or not , Jos' as you like , but when dat yellow skin pans I seed him look cross-eyed at mt > . an' I don t 'low no heathen to do dut to me. " "Yon nro inUtaktMi , Dob. " replied the rancher , "nil Chinamen iiro cross-eyed. " "Am dnl n flic' ? " "Yes. it IH true. " "Well , I Jes' let ! him go dls tlmn , but It was n berry tloi-o shave ; a berry close A little further on Deb stopped again. "Doss. " li pxi'lnlincd , "dero'a na use talkln' . 1'Ho goln' to lick d t heathen. Come to t'lnk of It. he lunked Ilko a good llckln' would do him a powerful sight of good. " "Now look hero , Deb , " said the rancher. "I won't stand any fooling. The last tlmo you wore here you tot In a light nnd It cost mo J50 to KB ! you away from the officers of the law. Let the Chinaman go. " "Kerry well , masu , hut If 1 ketch another ono of dent heathen lookln' cross-eyed el mo , as If IIP thought I was no 'count nigger. I'll cut hU pig t H off uri' . nnd use It for a hos whip. Now you niln' boss what Ise tellln' you. " Just then another Chinaman came along , and as ho lulled ho took u look at ( ho negro from the rorncrH of his eyes. That wu too much for Deb , nnd forget ting everything clue , he went ut the Ch.tu man with n yell Ilko a wild Indian. The Celestial yollnd In fright , whlto Hob Jumped on bin bnck nnd In n moment had the Chlnnmnn's brnld of hair In his hand. Ono stroke of his hunting knife , nnd with n yell the Celestial rnn down street minus his queue. "Now , " said the rancher , "you'll have to cut for home. You hnvo robbed the China- man of his hopes of heaven and ho'll be nfter yon. " Sure enough the Chinaman K"t his friends nnd started out to find Hob , nnd ho Imd to mount hla pony nnd go home. On another occasion ho was In Omaha nnd turning a corner suddenly saw what ho sup posed was n Sioux Indian with n tomahawk raised to brain htm. Quick ns lightning ho pulled his pistols and sent three shots Into n wooden tobacco sign before ho discovered his mistake. Hut ho met his match one day on the trail. He saw another negro with n wagon train. "Iar goes n nigger from Alabama , " he exclaimed. "What dat ? " naked the nt range darkey. "Iso Jess sayln' dnl yonse nn' Alabama nigger , " . ' replied Hob. "An1 I'll Jess bet yo bnck Is covered wld marks ob do whip. " That was enough for the stranger nnd ho went nt Hob Ilko u whirlwind. In flvo minutes Hob was calling to the crow to take his opponent nway. Ho never bunted for trouble again. Ills spirit seemed to'hnvo been crushed by his defeat , nnd ho told his master one day In confidence : "Do fac' am Jess dls. uny man dat will let n Alabama nigger lick him , uln'l IH to lib. " Will Mnha HI * Tight In Onmlin DKNVKIl , March 21. Attorneys Patterson nnd Hobson , counsel for the Gulf road , will mnko n strong fight In the United States circuit court at Omaha .Monday ngalnst the Jurisdiction of the circuit court Judges In the Union 1'nclflc-tJulf cases , contending that the district court Judge * when nlttlng as circuit court have us full authority as the circuit Judges. How Chlimnirn < ! Pt in , Ching Ming , ono of the Chinese who brought 483 of his countrymen hero for the alleged purpose of acting in theChlneso theater on the Midway plulsancc during the World's fair , has been nrrcstcd on the charge that most of these people were mere laborers mid the pretense was mndo that they were actora merely to got them into the country. After Many Yrurn. WACO , Tex. , March 24. John Green , alias lllchard Lee , colored , was brought to this city charged with the murder of John Carter twenty-two years ngo. Ho confesses nnd will locate $15.000 of buried money. A'l/KMJO.y.s rtn.iTic.tr. TOUH. I South Dakota' * < > ovrrnnr Deserves Kr-lllcc- tlon nr u Sent In tlio I'lillril SI a ten Senate. HKAOWOOD , S. 1) . , Alitroh 'JI.-Speclul ( Tele-grain to The Heo. ) Oovernor C. It. Sheldon oC South Dakota arrived In Deadwood - wood this morning. He wan met nnd en tertained by a committee of buslncsH men. This afternoon he went to Lead I'lty , where ho will address u meetingthlH evening. The vlKlt IH political. Sheldon desires either re-election or a Meat in the United States senate. Five United StnteH prisoners were today started for I'lerre for trial. The most Im portant one of the lot IH Alex ItusH. the de faulting cashier of the Klrst National bank of Lead City. Ho IH charged with taking $ : . ' 5,000 nnd will plead guilty. One , an Indian , IB charged with attempting to kill his Hquaw. One prisoner IH charged with holding up a mall coach , the othcrn with selling llqtioi-H unlawfully. The wuathcr continues cold , with occasional squalls of snow. Klker Means HiiNlneHfi. WASHINGTON , March 21. The man damus cnsc of Carroll II. Itlker of Chicago , who seeks to compel Secretary Carlisle to award to him all or part of the J50.000.000 bond IHSUC , will probably be heard In the eourt of nppealH In the latter part of the Alay term. The nppeal WIIH filed Alarch 7 , and the record IH required by law to be tiled within forty days of that time. The Chlcagoan and hlH counsel are de'tennlned to carry the cane to thn United States mi- preme court If nn adverse decision Is ren dered by the appellate court. Mr. Illker Is expected to b < ; again In Washington soon to consult with bin counsel. Attorney George A. King. TiikliiK Up Fradiilent AViirehoiiso Itecplptd. DULUTH , Minn. , March 24.-X. .1. Forbes of Dulnth , receiver of the Northern Pacific Elevator company , has applied to the United States court nt St. Paul for an order directing the division among secured holders of $35,000 which IH In his hands. The secured creditor * are largely eastern banks , which hold receipts i.ssued by the company before It went Into the hands of the receiver and for whom there wan no wheat. This Issue of fraudulent certifi cates amounted to about 1.IWO.OUO bushels Hnd the money now In hand IH mitllclenl fern n dividend of 33 per cent. HU Money Did Not Sa Him. DALLAS , Tex. , Alarch 21. At 3 o'clock this afternoon the jury In the case of I. G. Handle , for the killing of 13d S. Handle , brought In a verdict of guilty of murder In the second degree and assessed bis punish ment nt twenty years In the penitentiary. The verdict was a surprise. An acquittal or hung Jury was expected. The. . murder occurred on Christmas night of 18)2. ! ) The accused Is a very wealthy man and de ceased wns a saloon keeper. Alajor Handle has spent over $50,000 In defense of his life , anil will come out with an ample fortune wrecked. ' i i 9 War Against Lumpy , lutr. CHICAGO , Aim-oil 2l.-The ugltnlon of the question of a more strict enforcement of the edict against lumpy-Jaw cattle has culminated here In the adoption of a com prehensive rule by the Chicago Livestock exchange , which provides for strict In spection and provides a heavy penalty for disregarding the same. The adoption of the rule was almost unanimous and It Is made significant by tin- fact that every live stock exchange In the west will , It Is believed , adopt similar measures. He Choiitrd IVnidoiieix , ST. JOSI-JPH. Mnndi 2l.-Juhn C1. licnder , a pension agent of this city and a politician of some note , who 1ms made ulmsclf notorl- nu by being repeatedly arrested by thn government for nllegi-d fraud , wns arrested ngaln todny charged with having charged WllllH Page , ail old soldier , $200 In proctiru n pension. llender Is now tinder live in dictments In the federal court here and IH also tinder stay of sentence of a One of I,000. UtST IX Tlllt FHOZKtf XOIITH. I'erlU ( lint .Hnllnr * KnrountirVhlte In the Tsorlh I'urlllr. SAN KRANC1SCO , Alntx'h 21. An u re- suit of n severe storm in the north , ac counts of disaster are already coming from Alaska , the steamer .Mexico having brought the tidings of n casualty that Is something out of the ordinary rim , n great Iceberg having drifted upon the schooner .Storm King and wrecked her. The Storm King sailed from Kodlak under command of Cnptnln Neal for the Choutnngln Islands tu llsb for cod. On the morlng of January 7 , while the trim little schooner was at anchor , a great Iceberg was carried by thu treacherous currents toward the Storm King , which was swept from her moorings and dashed upon the roekn at tin * head of llartlctt bay , where the thundering seas soon completed the work of destruction. Captain Nonl and flu- crew barely escaped with their Ives , and after a frightful ex perience nnd several narrow escapes "reached Jnneati In a canoe. POUT TOWNSKNI ) , Wash. , Aturch 21. - A private dispatch from Victoria says' The Hrlttsh bark Archer , bound from Vancou ver to the Columbia river , was ( Uncovered abandoned off Hardily sound by the llrltlsli tug Atnude. Nothing Is known concerning the crew of the derelict. In the Logging Camp * . miLUTH , .March 2l.-Loggcrs'ln this din- trict are about through their work for the winter , having put In about 21o.000.uOO feet at a slight Increase over the estimates of last fall. llecanse of the early snows the lumbermen began hauling sooner than usual , and will have very few logs left In the woods on skids. Supplies for the mills , Including those nt rioqucl and Untie , which , while In this district , are Home twenty miles away , and the mills on the Iron ranges will be not far from ,110,000 feet for the summer. This Includes ex pected summer logging and something Ilku 1,000,000 foot left over from last year. Of the total out for the winter : U mt l,0"0.iiw ) feet will be rafted to mills at the La Portage on the Canadian Pacific road. The sawing season will begin In about two weeks , and a few of the mills will run nights. Hales of lumber Imvo been light up to date , and thu outlook Is less proml * . Ing now than a few weeks ago. KMHIIIIH PnlltlcK. TOl'UKA , Alarch 21. ( Special to Th Heo. ) Friends of Secretary of State Osborn say that ho will not be a candidate for re- nomination before the populist state con vention , but will enter the race for con gress In the Sixth district. The secretary has had thn congressional bee for n year or more , but has been dissuaded by the other state ollleers , who deslru renomlnatlons. Last week ho visited the Sixth district , and It Is said be met with such a kind re ception and was given so much encourage ment that lie IIIIH consented to the use of his name for congress. The other populist candidates are : W. L. Smith of Phillips county , II. T. Amos of Smith , W. U. Wll- ( ockson of Thomas , C. C. Vnnderventer of Jewell. Charles H. Aloody of Jewell and A. D. Alontgomery of Sherman. Voted Down ltdlli Proposition * . WELLINGTON , Kan. , Alarch 21. The Im portant feature of today's session of tlm Southwest Kansas conference was the votH taken on thu constitutional question sub' milled by the last general conference , pro viding only for an equality of lay nnd min isterial representation. The opposition was defeated by ! : ! to 47. The provision for a reduction of the ratio of representation to the general conference was also defeated by fr. trt P.-I ( 'Ill-roller llonilx. NEW YORK , March 21. H..T. Wilson A Co. , bankers of thlH city , will pay Into the United States subtreasury next week $0,740,000 for the assignment of the claim of the Cherokee nation bearing 4 per eeut i Interest. The issue of the bonds Is $8Gln.- I 000 , and tin- firm pays $100.000 premium. i The bonds will be paid off In four equal Installments In the years 181)7 ) , 1B.18 , 1899 nnd 1000. I'rogri'HH of the l.lttln Frliil. OLATIIK , Kan. , Alarch 24. Toiiay'H pro ceedings In the Hanker Little trial consisted of the presentation of rebuUnl.Jestliiumy by the state and the reading ofut deposition , by the doft.nso In an attempt , tn prove the bad character of the murdered'ninn. Over ICO witnesses have thus fur been oxA"mlncd and It Is not yet known when the evidence will be concluded. > Kboirt'il u Di'orrmc. NI3W YORK , Alarch 24. The total bank clearings of nil thu clearing' bonst oj- chanseH of thu United Stuten for. thu week ending .March 1-3 were $810.781,230 , a de crease of $ I8,2 ; , : II2 , as compared with hint week , and a decrease of $2$4. ! > ! i2,326 > an com pared with the corresponding week last year. Scimlor < - < il < | ultf Condition. WASHINGTON. Alarch 24.-Senntor Col- quIH'H condition shows no perceptible change since yesterday. He bad a very restftil night and slept n good portion oC the time. There 1ms been no recurrence of the sinking spells and the patient's mind Is clear. SI. r.unls' ltriiicxt. | ST. LOUIS. Alarch 24. A petition , signed by all the bankers and trust companies In this city unil by a largo number of leading merchants and biislnesH men , was mailed In President Cleveland tonight urgently re questing him to veto the Hclgnlorngo bill. Srcur-d an Olllep. WASHINGTON , Alarch 24. W. T. Levy of Ttxns has been appointed commlHSlonci of Immigration for the ports of Quebec and Point Leviis , Canada , and Hullfujc , N , S , / u .s < ( \ , tr. t'.i it A an. t i-iis. Dr. AlcOrnw and wife returned yeslordiijr from California , wltcro they have been spend ing several weeks. Airs. .McMillan and daughter of Shenundnah , In. , are visiting' their daughter and sister , Airs. W. I ) . Van Stint. Airs. L. AI. Kcllorhtrass , formerly with the Morse Dry Goods company , will now ho found ut O. 1C. Scolleld'H specialty clonk and suit house. BEAUTY AND Beauty and Purity ' Go hand in land. They are the foundation of health and happiness. , . , Ilealtli , because of pure blood ; Happiness , because of clear skin. Thousands oMisefu ! lives have been embittered by distressing humors. CUTICUKA RESOLVENT , Is the greatest of skin purifiers As well as blood puriiiers. Because of its peculiar action on the pores It is successful in preventing And curing all forms of Skin , Scalp , and Blood humors , When the usual remedies and even The best physicians fail , ' Entirely vegetable , safe , innocent , and palatable , It especially appeals to mothers and children , Because it acts so gently yet effectively -At : Upon I he skin and Wood , as well as upon the Liver , kidneys , and bowels. Its use during the winter and spring ' Insures a clear skin and pure blood , As well assound , bodily health. SoUettiynlieic , Price , CUTICUIA lUsoLVBNT , $ i : OiKTurirr.s'c.i SoAr , aw. TOTTM Dituci AHU CIIXM. Co r. , ISoilon. atf "All atnut the lllcxxl , Skin , Scalp , cm ) lUir , " mailed ficc. Women and Are most competent to fully appreciate the purity , sweetness , and delicacy of CUTICUKA So A I1 , and tu discover new uses for it daily. Women Only In the preparation of curative washes , notations , etc , for annoying irritation * , chafing ! , anil excori ations of the skin and mucous membrane or tun free or offensive perspiration , It has proved most grateful. Like all others of the CtTlCUKA KIMII : IK.S , the CVncuKA SOAP appeal * to the refined and cultivated everywhere as the most effective skin purif > ing and beautifying toap , at well as the purest and sweetest for toilet and nursery.