THE OMAHA DAILY BEE. ESTABLISHED JUNE 19 , 1871. OMAHA , WEDNESDAY MORNING , APRIL 25 , 189-1. SINGLE COPY FIVE CENTS. AN OMAHA JEFFREYS Edward Eosowater of The Bee Convicted of Contempt of Court. THIRTY DAYS IN JAIL AND $500 FINE Great Scott Fittingly Caps the Climax of Judicial Usurpation , COURT ORGANIZED FOR CONVICTION Sentenced a Man Who Had No Eolation to the Alleged Offcnsj. SCOTT AS LORD HIGH EXECUTIONER Coupled the Scnteiiuo vtllh u Cliitml Mitiul i.L'elure on UU Hilly Defciulmit t'.x- H IIIH lEIglil of I'leaNpceuh Itclcuscd liy tliulgit I'o/it / , The Honorable Cunningham II. Scott had a duty to perform this forenoon. At least that was what ho told a court room full of people In passing upon the alleged contempt case against Kdward Uosewatcr , and then ho proceeded to discharge that "diltv" by giving a severe Judicial tcnguo' lashing to the author of much of his woes , and sending tlic editor of The Ilco In Jail for thirty d-i > s and assessing a line of $500 and costs. The honorable court didn't shed n tear , and suc ceeded fco well In concealing his harrowing grief that a disinterested spectator might have supposed that ho never did anything in his llfu that tickled him half t-a inu.-h . as the performance ; of this selfsame "painful duty. " Although the case was set for 9 SO o'clock , It was nearly 10 when thu court announced his icaillncsH to proceed with It , and the largo coutt room was filled with a curious throng , Including a gieal many of the bar , who gathered to witness the performance. Judge Davis , as prosecuting attorney , plunged at once Into the trial of the case , and bought lo Introduce the flics and records of the court relating to the Jaidlne case. Mr. Simeral objected to the Introduction of any evidence , as the answer of the defendant was full and complete and puigcd him of uny contempt. The objection was overruled almost before 11 was made , and the defense exceptcd. Judge Davis ottered In evidence the Information mation against Jardlue and Smith , th" Jour nal euliy In the bamo ease relating to the plea of guilty by Jardlnc and the suspension of his sentence , The livening Dec of Match 9 , containing the alI0ged contemptuous m ti de , "Jmtlce Without Equality , " and the an swer of the defendant filed April 2. To each ami all of these the detente objected and e.\- C'pt'd to the overruling of tlio coutt J. II. Iliyneb , managing editor of The P.OO. was called to the witness stand by the state. Tlie defense objected to ills being examined on tlia giouid that his name had not been Indorsed on the. information a''d that no evi dence was admissable under the pleas in the case. The objection was promptly over ruled and another exeen"3ii v as taken. The witness stated that ho had been nrni- orliiK editor of The Heo about , live years , and liad known fir ! Itrtsnwutcr during that timo. He testified that Air. Hosewatcr hud been editor In chief of the paper during Iho pabt year. .Mr. Davis As such editor In chief what authority has he exercised over the policy of the paper ? Objected l ( > by defendant as incompetent , Objection overruled , towhich defendant ex- cepts. Mr. Hayncs I do not believe I can an- Bwer that , except Q You do not know , Mr. Haynes , vthat Mr. Hosewater has had to do , then , with the policy of The Heo as a newspaper ? A Yes , , sir ; I bellovu 1 do. Q Please state It then ? A Ho has con trolled It. The cross-examination by Mr. Simeral was as followb. Q You mean the editorial policy of the paper ? A Yes , sir. Q Or the news Items ? A I mean the editorial policy of the paper. Q How about any local matter that nny go Into the paper ? A Ho larcly ever sees nn Item In the columns befoic It goes In. Q I will call vour attention , .Mr. HaytKS , to the attlcle published In The Evening Hee of Match 0 and headed "Justice Without Equality ; " do you know as a matter of fact \\hether or not Mr. Hosowater over biiw that , article beforci It was published. ' A 1 know that ho did not. Q. You aie In charge what are your Hutlos as managing editor ? A. I take It to bo Imv Ing control of the news columns , Q. Will you state whether or not you know of jour own knowledge whether Mi. Hosowater Instructed this article to bo written ? A. 1 heard no sueh lnt > tructlon Q. You would have known It , would you , If It v\eio given ? A. I ought to have known It. Q. Mr. Huyncs , I will ask you to state what Is the rule with regard to writing by the local reporters In reference to edltorlal- Ulng tholr articles. Is thcro one ? A. There Is a standing rule forbidding It. Q , HOW long bus that iulo been In vogue' ' 'A It has been In vogue for six ycais , to my knowledge. t ) , 1 will call your attention to this part of Ihoattlcliv "Justice without cqualltj . sen tences adjusted to fit the man ; one party to a crime gets n five-year's sentence In the pen itentiary , whllo another gets the benefit of n pull" Do you know who wrote that ? A Yes , I think I do. Q Did Mr. Hosowater ? A. No , sir. ( J -"Percons who were around the criminal Bicllon of the district court ycsteiday after noon witnessed n btrlk'ng Illustration of what H Is to bo posbo'ssed of a pull. These same poibons vvero alt > o given an Illustration of how easy It Is for n man to keep out of the penitentiary If the pull Is vvoiked for all It Is worth" I will ask you to shite- whether or not that which t have Just read violated nny of the i tiles In rofeicnce to editorialising liy local editors. ? Objected to as calling for a conclusion of the witness , etc. The Court I do not see how this witness can tell what violates a rule. Mr Simeral Do you know when this ar ticle was brought to Mr. Hosewater's knowl edge ? A I do not know thu date , I know about when It was. .Q When was H In reference to the publl- raMon ? A. Well , I believe it was the next day. day.Q Q Who brought U to his attention ? A. fie fur as 1 know , it came to his attention by leabon of u caul written by the county at torney. Q.Kaley ? A. And Bent to me. ( } , la that the flr t Mr. Hosowater know of It ? A. The Hist that I know that ho Knew of It. Mr. Davis You say } ou contiol the news columns , Mr. Hayncs , yourself ? A. Well , I am biipposed to , yes , fair. Q. And Mr. Hosewater had no control over them ? A. I dn not eay that at all ; I Uo not mean to say that. Q , You do not mean to say that Mr. Hose- vntor has not absolute control over the policy of that paper whenever he choot > es in exorclp.es tt , ttlthcr as to news Items or us editorials , do you mean to deny that ? fl'hat Id a fact , Is It not , that he has. ' A. tVcs , Fir ; I believe so. Mr. Slmeral-rllow often dues Mr. Hoeo- , \valor exorclsouthorlty'over the now a col umns , iTo you- know ? A.--H li very larcly , to my knowledge. Mr. Davis Whenever ho ohoosef , though , thcro Is nobody to dispute Ills authority Is there ; A , No , sir. Q - Nobody nver autstlong U , do lite , , ? A , No. sir. Q , 1M % same ftrllclv In The Morning Itcc of the 10th , did It not ? A. I would not be positive about that. .Mr. Slmerul Mr. Ilnyncfl , do you know where Mr. Hosewater wa the day that that article was written ? A. Yes , sir. Q. Whcra ? A. In the police court , at tending a trial , In this city. Q. Ho was ntondt.iK a trial down there , wasn't he ? A. Yes , lr. Mr. Davis Did you see him that day ? A. Yes , Kir. Q. What time of day ? A. I saw him at the noon hour. ( ) . Did you wo him afterwards In the afternoon ? A. I saw him , I believe , In the evening. Mr. Simeral What lime In the evening ? A. Well , I could not i ay Q. AM to the going out , or the publication of the paper , Thu livening Hee ? A. 1 did not see him until after supper. H. R Savage , sworn as a witness In be half of the state , testified that he Is bailiff for Judge Scott's court room , and WIIM , on Match nth last , at which time hn was about the court room. He Raw a copy of The Omah i livening Dee of March 9 on thu morning of the 10th. The paper was handed to him by HallllT Williams , who called his attention to the article In ques tion In this case. W. D. Perelval. called as a witness for defendant , being first duly sworn , Istilled as follows , on illiect examination by Mr. Simeral : Q. Stale your name. A. W. D. Perch nl ( J , You are the Washington D. Perclvnl of fame ore you ? A , Yes , sir ; I sup pose HO. Q. I will ask you to stale what your po sition Is ? A. Itepotter of the Oninha llco. Q. How long have you been suoh , ' A. Something like live years. Q. Yon know the at Help published In the Evening Dee of March 1) , ivjl , with a head ing , "Justice Without Equalilv , " do jou ? A.I do. 0. Are you familiar with that , article ? A Yes , sir. Q I will ask you to state who wrote that nillcle ? A. With the exception of the slug head , I wrote It. Q. Under whose direction ? A It was n news Item from the court house. The slate moved to strike out the answer as not lesponstvo. Motion sustained , to which defendant e.xccpted. Mr Simeral What weie your directions In ref'Tonco to news Items from the court ? A. To secure and write them. Q. Who dnes that direction come fiom ? A. Why , my Instructions como from the city editor , to secure news from the run on which I am located. Q. And this was your run , was It ? A. Yes , sir. Q. How long has It been ? A. for about three years and a half. Q Mr. Pcrcival , Htato whether or not Mr. Hosewatcr ever Instructed you , directly or Indirectly , to write that portion of the article set forth In the complaint In this case ? A. Those two paragraphs ? Q. Yes. A. No , tlr. Q. I will ask jou If you know whether It was ever submitted to him ? A. I do not know. I know that he was not around the building that afternoon Q When did you write It ? A I wrote It for the nfteinoon paper , piobably be tween 12 and 2. Q. Do jou know what time jou handed It In ? A. Well , It was before 3 o'clock , 1 do not know the eact hour Q Have you ever had uny directions per sonally from Mr. Hosowater with icgard to articles of court reporting , In icgaid to tl.e officers of the . ' . couit. A.--NO , Mr. The cross-examination bylr. . Davis was as follows : Q. What time of day did you write thl" , Mr. Perelval ? A. Probably between i and 3 o'clock in the afternoon Q Wan that on the same day In which a plea of guilty was entered hero by Mr. Jardino ? A. 1 think it was the next day , the following day. ' t ) . Vou think It was , the next day ? Do jou know what time of day that idea of guilty was entered In the uf tot noon ? A Yes , rlr. Q. "Who told jou ? A. I don't know ; some of tbo parties around this court room Q. That Is , of the ( = amo day on which It was entered ? A. 'No , ulr ; It wab told mo the next morning. Q. Oh , not In the afternoon , but the morning of the next day ? A. I suy tint It was told to me the naxt morning that the pica was entered Jato In the afternoon ot the preceding day. Q. In the morning. Now , when did jou go to your olllco after learning that ? A. Wo get In between 11 and 12. Q. Did you have any consultation with anybody about the subject of this aitlclu ? A. About this Intioductlou ? Q. About the matter stated In the arti cle ? Mr. Simeral About the Introduction. I shall object to anything elho except the Introdiitlon , because It It , all that Is In controversy here. The Court You may answer. Mr. Davis Did you have any conversa tion with any ono after j-ou went to your office , after learning that the pica of guilty had been entered' A. No , sir ; I had no conver&atlon at that office. Q. You did not ? A. No , hlr. Q. You v\ rote It without telling anybody or speaking about It nt all ? A. Yes , sir. Q. What did you do with It after you you wrote it ? A. Laid It on the city edi tor's dcfck. Q , Who Is the city editor ? A. Harry Hunter. Q. Did you talk with him about It ? A. I think not. lie was not In at that time. Q. You just laid it on his desk. ' A. Yes , sir. Q. And paid no moro attention to It ? A. That ended my duty vslth regard to the article. Q. You did not speak to any ono about It until after It appealed In print , did you' ' A. 1 think not. Q. Did not talk with Mr. Haynes about It ? A No. blr. i Q.Did you hear anybody else bay anything - ' thing about It over there at The Ileo cilice after you had wiltten It ? A. No. s > lr. Q You were personally acquainted with Mr. Hosewatcr prior to the ! lth day ot Maieh ? A Why. I had been Mr. Hose watcr very frequently. Q. Did jou have any personal acquaint , ance with him ? A. Why , I very frequently talked to him and spoke to him. Q Ho knew jou were n lepotter on the paper , didn't ho' ' A. I presume bo. Q. Did you ever talk with him about the newspaper business ? A No. nlr. ( } . What ? A No. sir ; 1 think not. Q No professional conversation between yon and him at all ? A. No , sir Q You do not know whether ho knew you were working on his paper or not , do j-ou ? A. I piesume that ho did. I do not know ot my own personal knowledge that he know It. Q. From any conversations you had ever had with him you could not tell whether he umlerslood It or not. ' A. That I was workIng - Ing on his paper ? Q Yes. A I presume that ho did , sir ; I do not know Q Now , please answer the question. Air. Purelval. Tram nny conversation jou over had with Mr. Hosowater prior to the 9th of March did you understand that ho knew jou vvero working on his paper ? Objected to by defendant as Incompetent. Objection overruled , to which defendant1 oxcepUi. Mr. Perelval I cannot toll you. sir , whether he know that I was working on his paper or not. Ho did not hire me. Q , From any conversation you over had with him prior to March 9 would Mr. Hose- water understand that you \vure In the news paper business at all ? A. I presume to. He has teen mo around the local rooms then ; . Q. nut I am not asking what he seen. A. Oh , I suppose that he knows I am con- nested with the paper. Still of my own knowledge I cannot tell you whether he knowb It or not , Q , Did you and Mr. Koscnater ever talk about The Hee as a newspaper ? A. No , sir. sir.Q. Q. New talked about your work at all ? A. No. sir. * Q. Where dlil you get your Instructions , from the city editor ? A. If there arc any special InMructlons Issued to mo as i re porter they are Issued by the city cdlter q y > uvork under I'tbtructlon ? , I sup ( Continued on Second. l' ANARCHISTS OUT IN COURT Polti nud Ferrari Arraigned nt Bow Street Yesterday. PRECAUTIONS AGAINST A RESCUE Kvldrnco Mum * Unit J'oltlVni I'limnlng for u tlriiionntriitlou on Mondny Ilo Jlxpccleil tii lie Killed In the A ( Tu I r. LONDON' , April 21. Poltl and Ferrari , Iho Italian anarchists were again brought up at How Street police court today. The greatest precautions were taken by the authorities In order to prevent n bomb explo sion , every person approaching the neighbor hood of How street being closely watched. The two prisoners were brought from Hollo- way Jail in a prison van. Along the route from the prison policemen and detectives were stationed at short Intervals , the aulhoi- Itlcs fearing that an attack was to bo made upon the van to murder Poltl and rescue Ferrari , the "No. 1" of the anarchists of London. The anarchists are convinced that Poltl has told the police cvcrthlng ho knows of them and tholr doings. At the police court , documents In Poltl's handwriting were read showing ho was going to commit u djnamlto outrage on May 1 , and he himself expected to meet his death on that day. The prisoner had written let ters of farovvell to his parents and others dated May 1. These documents were found at the prlsonpr's lodgings. After some further evidence had been sub mitted similar In tone to the facts already cabled to the Associated press , both of the prisoners were remanded. SPAIN Oi'ITIN : < ! SC'AUii : > . TiikliiR I'rceiiulloiin Against the "Jpreinl of the Ilpldeinle Now lt.i\iiglii I.UIiiin. LISHON , April 24 During the twentj-- four houis ended yesterday evening there were 101 cases and three deaths from cholerine reported here. The Portuguese government has stopped all telegraphic mes sages. MADRID , April 24. Spanish doctors have been s-cnt to the frontier of Portugal in order to superintend the fumigation ot travelers and their baggage coining from Lisbon. In addition , the government has bent a doetor to Lisbon with Instructions to report upon the cholera epidemic prevailing In that citj- . , 1'lrod a Kevolier 111 u Church. PAHIS , Apr'l ' 24. In the church of Ne4re Dame a man , supposed to be Insane , who WIB . 'inong the crowd of worships s. m.l- denly drew a levolver and fired four shots before he was disarmed. The firing caused i ai Ie In tl-o churcn , men , women and children running shrieking toward the doors , anticipating another anarchistic cxp'oslon. Lurklly not one of the shots took effect and the man who caused the panic was removed In custody. Mas ( 'nnCrsxiMl to lireaeli of Trust PAHIS , April 24 Co'int Kile de TalleyranJ- Pcrlgord , vviio was airested last weelc with a companion named Tebtaino , charge 1 with forgery , the complainant being M. Max Lcbaudj- , has confessed that he Is guilty of broach of trust. Princess do Pagan hat offered to pay the sum of 1UO.OOO fiancs to Lebaudy on behalf of her son If the charge against him Is withdrawn , Lsbaudj' , how ever , refutes to withdraw the charge. rieorli A < I\ iic < * 4 111 Africa. PAHIS- Apr 1 21. A te'eg-am received here fiom the Congo btates saj-s that Lieutenant Lottiairc , at the head of a detachment of state tioops , has captured Kadainbaie , be tween Lakn Tanganyika and Manyema. i > iir.\K .itui : HIM iA\ainovti. Grand Army Veteran Wanted for Attempted Double Murder. MAHQUnTTK , MIch. , April 21. Albert Kaufman , aged 64 years and a veteran ot the civil war , is surrounded In his house near "An Train" by a sheriff's posse anxious to arrest him for attempting to murder his wife and Joseph Hichards , aged 70 years. Kaufman murdeied his first wife in a drunken frenzy in 1884 and was sentenced to twelve j-ears In the state's prison. The Influence of the Grand Army of the Hepub- llc secured his inrdon under condition that lie should never dilnk again. He has lately bioken his pledge and yebterduy while drunk tried to shoot his present wife. Joseph Hlchaids tried to aid her , whereupon Kaufman fired five shots at him , breaking his arm and wounding him In the side The sheriff took several men and went to the hccne. They found Kaufman bairl- caded In his house , and as ho has a rllle and considerable ammunition and Is a good shot they camped out around the house. It Is believed that Kaufman will buncnder when he becomes sober. Hichards may re cover. A// ' rnti : ro.s vi Urothcrs' IMiiy Itesiilts In the Dr.itli of n liny of Three Yeiiis. KANSAS CITY , April 21. Ernest Newton. the ,1-j car-old hon of Mr. and Mrs. Thomas Neulon of SIC Gllmoro avenue , has died fiom the results of Injuries received at the hands of his older brother. The children were playing In the j-ard and the older brother set lire to the j-ounger brother's clothing. This was done several times and the flames weio extinguished without Injury to the child , but the lust lime Iho ( lames got be yond the brother's control and caused m- juries from which the child died , d Died ut u ( ire.ll Ago. SAN FHANCISCO , April 21. Mrs. Claudia Herrara , a Mexican woman , died here ycs teiday at the ago ot 120. She was well known among the Mexican lesldetits of this city , all of whom arc positive that Iheio Is no mlstako In regard lo her age. Until her Dual Illness she was not known to be sick. Amendment to the Wool Schedule. WASHINGTON , Aptll 21. Senator Power today ( Introduced an amendment to the tariff bill le-enactlng the provisions of the McKlnley law as they applj to wool , except tint the rates are changed. The amendment provides a duty of 7 cents per pound on wool of the first class , 8 cents on second , fourth and thlid classes , woith 9 cents per pound , and R cents on the third ckiAS exceeding 9 cents In value. This Is a reduction of about one-third from the McKlnley bill rates and Senator Power says hla reasons for reducing the rates are that lie haa hopes to get dem ocratic support for the amendment. HeUiiViintH Her ItlghtH. WASHINGTON , April 21. Delva Lock- wood , once a candidate for the presidency and more recently an unsuccessful applicant for admission to the bar of the Virginia state courts , today , through Attorney E. N Chris tian. applied to the supreme court or the United States for u mandamus to compel the supreme court of appeals of Virginia to admit her to practice before It. New Cabinet Olllrer Wnntcil. WASHINGTON. April 21. Representative Goodnight of Kentucky today Introduced a bill creating u department of health , pre sided over by a phyglclan serving as u mem ber of the cabinet , with tha title of secretary of public health. the Urnxor ( Jumbleu. M2NVKH , Apitl 2l.-Ciuinbllntr In Arap- olu-o county jecelveil a knockout today. Under Hh iff Houle directed Chlet UeLiitt of the count j dttccthu foiei. to disc up evurj gambling plancu In oytrutuu of Denver. The gamblers believe tlio oril.r will not be enforced. TO .iititi'.NT FArnv.it COKHITT. IIUIiop Ilottiiriiin Will Have thn I.nvr on tha Itemlrltnint 1'rlent Still further. PLATTSMOUTH , April 2l.-Spcclnl ( Telegram - gram to The Uce. ) Father Corbett , the Pal myra priest who ha.s called down upon his head the enmltj' of lllshop Uonacum , haa by bis nctlotiH of Sundaj" last most llkelj * gotten himself Into n Herlou.s trouble. Hlshop Hoimctim came to this cltj' on Fri day last , nml , appearing before District Judge Chapman , had nn Injunction Issued restraining Father Corhett fiom entering or holding service * In thu Catholic churches nt noughiR and Palmyra , Otoo county , and Elmvvooil , Cass countj- . This vvns to head off Father Corbett from holding senlceM nt Palmyra on Sunday , but , notwithstand ing the fact that ho was solved with a copy of Judge Chapman's order by Sheriff Hubcrle of Otoe county , the pi lest took pos session of the churc-h and held the cus tomary services. As was expected , the prlest'H action loused the lie of the bishop , nml today the Inttc-r came from Lincoln and entered u formal protest before the judge. The upshot of the affair wan tlmt a warrant vvns Issued mul placed In Sheriff Elkenbary's hands calling for Father Cor- bett'H arrest. The wlit-rlft left foi Palmyra this afternoon , and bv tomoirovv the priest will have been brought to this city and given the opportunity to show cause why ho .should not bo held for contemnt In dis obeying the couit'H Injunction. The hear ing iiromlscs to be 0)10 of unusual Interest. XK1WASKA CITY , Apill 2l.-fSpeelul Telegiam to The w ) Sheiirr iik : nberry of Cass county cnmc In on the m dillLht ttaln anil setved citation on Fathft Corbelt , who vviiK n guest nt tinClrtind Paellle hotel , to appear h fore Jud c Chapman at P ntts- moiith lo answer to the charge of e-m- tempt of court , In Ignoring the Injunction Issued Satuiday , restraining Cot belt fiom conducting Heivlccfi at Palmyia. At this hour , 1 n. in. , the sheriff , with Fathir Coi- bett , Is in consultation with n , F. Wunen , Cot belt's attorney. Jlll.t. 1)ll.TOMtr ItK.llt. Ills Itrolher Sujtt Hu It .V"t In the fulled Ml'tl'H. HOFND POND , Okl , Apilt 2l.-folo Dalton - ton , brother of the notorious Hill and Em met and Hob and G'.it Dalton , deceased , was In the city totluv. To a repot ler he .said tlmt inanj of the tepoits conccinlng himself and otheis vveie totally false and misleading. Ho positively nssoits that none of the D.iHon gnnpere eoneetned In the iittempted train lObljerj which took plate one mile south of this city on April ! ) , In vvhlrh ono of the Bang \\as killed When asked us to whcthw he knew the Damllt Kid lie Bald"I don't know whether I know him 01 not. It Is said that his name was either Khodes of PlttH , and that his place adjoined mine Theio Is no clalin- liolder near me by that name.Thc news papers stated that the next motnlng after the robbery that Beveial men fiom Enid went to my place and found my shanty , together with three others , desei ted This Is a lie which oilglnatid at Not th ICnld. " "What H your opinion of the leport tlmt Bill Ualton and Jllll Doolnn vveic killed near StlllWator ? " ytn& asked. "I knew H was false , " he icplled. "Dill is not in the 1'nlted Stntrs If lie was to ( , ci killed 1 would know It befote twenty-four houis. 1 would hear of It Immediate ! ) . " 3IlsMourI ICiilhtH Templ.ir. KANSAS CITY , April 21. The annual conclave of the comni imleiy of the Knights Templar of Missouri was held heie todaj and the following1 ullleers weie elected Thomas Jlorrow of Kansas Cit.v , gi and commander ; Leslie Orcar , Maish.il , Mo , deputy giand eornmnnder ; Ira V. Miiemll- lan , Mnrysvllle , grailrttenor.illsslmo ; John Ollllesa , Monett , grand captain general , \V. II Muvo , St Loulsk maud .sec-ietary , tieu.s- urer , F J , Tj'gaiil , TJ tler , .Mo. Two chai- ters were Issued , to londtt and Neosho. A fund of $10,000 fiir ti sanUnrinm was raised and ordeied turned over to the dliec- tois of the Jlasonfp bftnic at St. Loitls. St. I.oulM was selected i tlio next place of - " I'loreniii Itljllm lirts the "Minify. SAN FHANUISC6 , Apill 21. The Htatc supreme coutt today handed down te.ii de cisions In the Hlythe ease , all of which are In favor of Florence Blythe. Five decislomi aie upon appeals fiom denials foi new tiluls. The other live decisions bear on eleven other appeals In the case. This set tles the celelnatfd cane and gives th'e Hlythe millions to Florence Dlj'the Htckley , the daughter of Thomas H. niythc. The estate Is valued at fully $1,000,000 and was avvarled to Florence , the Illegitimate daugh ter of Thomas H. Hlythe , by the piolmio court. There were nearly 100 other claim ants , and many of them appealed fiom the decision of the lower court. o Itank President Conxleted. IHLTNA ; , iiont. , April 24. iiany p. Bacheloi , piesldent of , the Stock Glowers National bank of Miles City , was todaj' found guilty In the 1'nlted States court of wilt ul mlsuppioiirlntlon of $10,000 of the bank's funds while he was Its piesldent , by loaning It to himself Individually. Thecn ° e has been on trial for neatly two weeks and was In the hands of the jury for twen ty-four houis. The trial of Will Hanks , president of the Merchants National at Great Fulls , who has been Indlctud for n ulmo similar lo that for which Hachelor has been convicted , will begin Thursday. Yerdlet Against tlio \ \ hlslty Trtisr. PKOIUA , 111. , Apill 21In the Tnlted States con it In session here todnjJndgo Giosscup tendeied a decision la the cast. of the Gottbchalk companj' against the Distillers and C'attle Feeding company against the rebate nyoteni , and allowing the plaintiffs $57.112. The ease Is to b he'd open thli ty days , and If any appeal Is then taken tlio bond IB to ha la the mm of $4"i,0M ( ) The case Is one of the most Im- poit.int of any that have atta-ked the le- b.it p Hjstem of the whisky tuiHt , and the antl-ttiist people regnid It as a fcieat victoij. _ _ SpiinlNli I. unit ( irant Confirmed. SVNTA Fi : . N. M. . April 21.- The I'nlted States eonit ot pilvate land claims con- filmed the San Mlfiiicl d.l Uado land giant today lur " 15,000 acies , lo the 01 Initial granlecH , llflj-llvp 1,11 , number. The giant wan made In 173 ! , uudei the Spanish gov ernment. Half of the giant was claimed by CN-VICP Piesldent fJto.i ton and othiis bv piuehnht * . but the court 'did not recognize this claim. Theie ate seven small tuwns on the giant , containing about 10) ) p"ople , all of whom , under the decision , me co- owners of the grant. I'titiil ( Siisollun ixplf : ) liiu , ST. LOIMS. Aptll 21-Munger telephone lepciitu 1 1 out Caiondtlet Htato a live-gallon can of gasollno exploded this afttino'Jii In the house of Canlmll Mlk'Kf , n fanner living south of there , completely deslmjlng the building. .MIH. MIKB3 nnQ Hlen or. a " year- old daughter , woe killed , and .Mi Mlggh' father and limlbfr and another eldld weio fatally Injuied. the old lady being blown Into an adjacent Held AViirruntR furii Jaii' [ ( Cusliler. I3NII ) , Okl. , April 21. Wananta were swoin out tonight uennst { Clmile.s Uilght , cashier of the Jlci chants bank. It Is be- lloved might IB "In hJilInK In Noith inld. n. IJniin , president of the bank , cutno up fiom HI Reno tonight , but It Is icported he will .stay In North linld , Theie are rumois tonight that warrants vvjll bo Issued against oveiy olllclal of Hit ; bunk. I.lou and I. limb Mil iJoun Together. PORTLAND , Ore. , April 21. The demo crats and republicans effected a fusion today on the municipal ticket. H , L ) . Inman ( dem. ) was nominated for mayor. Miss Cionld Arrhen nt 1'rlneo. SAN FRANCISCO , Apill 2l-.MIss Helen Gould , accompanied by u maid and Dr. Mnnn , the. family physician , ai rived here today from thu cast. of .Soaoliif | ( Vemelrt April St , At San Francisco \irlved llahnc , from Slerrn ; Parlmu. Departed Oriental , for Na- ultimo. At Ban DICKO-Balled 23d-U. S. S. Monte- i ey. , At San I'edro SalK-d 23d Darkcntlno Eu- rekn. At South Hertil An Ivcd Aureola , At Llvei pool Airlved-aallla , from Hos- ton. ton.At Dultlmoic At lived Dago , from IJrls- tol. tol.At New York An Ivcd Colorado , from Hull. At New York-Arrived 'Wcstemland , from Antweip ; Lock Mere , from Hotterdum , At 1'iawl ijulnt Pasted Sotrcnto , from New York At Hullfaxrilved Sarmatlun , from GUtiuovv. CAUGHT A TRAIN AT BUTTE Montana Division of the Coxoy Army Tnkca a Ride , RUN REGARDLESS OF TRAIN ORDERS Warrant Sworn Out for Their Arreit on Uin C'lmrRii of I.iirrni } Iherjthing III Itruilliirii * to Itrsnnm Their Journey In the Morning. ST. PAUL , April 21. The Covcyltcs at Hutte broke Into the Northern Pacific round house last night , seized an engine and train , manned them from their own numbers , and started east at forty miles an hour. lictwcen 400 and f.OO men , composing this branch of the Industrial army , liavo been camped at Untie , .Mont. , for several days while their leaders were trjlng to arrange for transportation. They had been refused and the men came to the conclusion that If they wanted n train they must take It and proceeded to do so. At midnight they reached Do/cman , where they stopped for the break of day , Intending to rciume their Jour- n.ey at once. The Not them Pacific officials In this city say there Is nothing to stop them until near Livingston , where n small washout will causa some delay. L1VINOSTON , Mont , April 24. Sheriff Conro received a dlspitch this afternoon from Hclana Instructing him to arrest "General" Hogan on the charge of larceny of a northern Pacific tialti , and n wan ant has been sworn out by the compiny's local attorney. The nrmy was delayed several hours at Tllnbcrllne by a ravuln In the tnuticl a short distance this side of Timberline - line , but they got thiough and arrived hare. Such trifles as running orders did not deter the Coxey bilgadc and fiom the time they left Hutte until they reached Uoronmn the officials weie kept In a fervor of anxiety ' " n colllblon should occur. A fitibbcrlptlon fortho Ir benellt'has been taken up here and the money , meat and other provender collected was turned over to 'General" Hogan upon their arrival. Super intendent Plnn was asked whether the Coxey brigade would take the right of way to the cud of the road and laconically replied1 "They have done It to far. " When the officials sent them word to look out for tialns the replied "If you do not want your trains hurt keep them out of the way. " They had supper hero tonight and have not yet decided whether to stait on lonlglit. If they leave at once they will reacl' St. Paul tomorrow night. UTTW3 IIOCIC , Ark , April 24 Judge 11 C. Caldwe'I ' tonight telegraphed the United States marjhal at Fargo , N. D. , to take steps to protect Northern Pacific pioperty. KAS-j.VS Large Sllltcn Iliuuier , It No Keller , -\\uillH ( .eueitil C'oxe.i. WASHINGTON , April 24. The Washing ton haadquarters of the Commonweal of Chrht In Hcchabtte hall were resplendent today with the bheen of a gorgeous silken banner sent by the nrrry's supporters In Kan sas City. It Is fifteen feet long by seven feet wide , and the red and white stripes of the United States flags were , lost In the cen ter of nil Immen'c blue field vvjth a darling sunburst surmounted by seven gilt stars bearing the letters of the word "liberty. " two most conspicuous perboi.agcs about the place were the two Whites , W. I ) , of com mune C , Chicago , and H. J. of commune P. Uoth are very intelligent men. W. D. White served under Senator Manderson In the war. Jlr II. J. White Is proud of having been one of Mahon's men and bears the wounds , of battle. They denounce the "Un known" tor collecting money under fa's-e pre tenses and assert Coxev's men aio orderly , law-abiding citizens from whom Washing ton has nothing to fear. They believe Glen Echo will bo selected for the Washington camping place of the army. An appeal for contilbulions of money and provisions has been Issued by the local com mittee. Ono of the most prominent labor leaders of the city , M. F. Hobbs , whose name has boon connected with Coxey's crubade repud ates It. Ho sa > , s : "So far as I know labor organl/a- tlons Intend to give no support to this movement. All citizens are Interested In seeing that Coxey's moi ari not depr vol of their rights , but If the visitors violate the laws they will receive no support from or ganised labor. " CIIICA < i ( ) AItMIIOO.MING. . No One [ 'imhlc to SJIP.I'C I.'ngllhli Neeil Apply for Membership. CHICAGO , April 24. Randall's Common weal army is having a boom. Today 10- cruits came in faster than they could be enlisted. An Important ruling has been made by Chairman Vincent. He decided that no ono unable to speak the English language would bo enlisted among the holdlers of the Chicago army. The chair man of the finance committee icported : "There will bo $251.50 In the treasury when we gel the $2fiO promised to us. " The women's auxiliary has Issued a call for provisions and has opened a room where they will be received. The piesent number of the Chicago army Is about 700. Its start Is Indefinite , but will probably bo made by Sunday. coxiv' : ! HOJII : r.i'Aitns. Uemer Completes Urn Orgiinl/iitlim or it ICeserxc Corps. nnNVlJU. April 24. The first regiment of the Coxey Home Ilefcerve was formally or ganised at Lincoln park this afternoon. There were present about 1,000 men and women , and It Is slated this number have ahraily signed HIP lole , which Is expected to reach 2,000 within the ne\t few days. Speeches were made by several prominent populists and laboi leaders , who scored fed eral and Mate officials for opposing the march of the Commonweal aurj. Ilesolu- tlons were adopted , reciting tha deplorable condition of the unemplojcd of the country and declaring that the Industrials are law- abiding citizens. ( teiinrutVt'iiver'H I'lans. DNS AI01NKS , April 24. ( Special Tele gram to The Hee. ) The nervousness In thlb city over the npprolch of Kelly's army con tinues and Incieases as every day grings them nearer the city. The men seem to labor under the Impression that something will bo done for them hero and that a train may bo furnished them. The tallroads huvo practically agreed to run every engine out of the. city , and all cars na fur as possi ble before the arrival of the army. Thla will leave this city Isolated and IT Kelly and Ids men should take a notion of stopping liero a few days It would be a great hardship on the people. General Weaver Is at the head of a movement to glvo these armies a l > rass band reception to lc Mottics. Many laboring men sympathize with the move ment. The president of Drake university , who la Inclined to something between popu lism and prohibition , today nrndo a speech to his students In praise of General Kelly and will make another tomorrow to prepare the students for what IB called Kelly day , when that leader will bo asked to address tbo students In his own behalf. There Is much criticism of this policy at the leading uni versity of the city. i ( lovornor , Iiii'k oii ut Home. DHS MOINRS. la. , April 24. ( Special Tel egram to The Dee. ) Governor Jackson re turned at midnight tonight from Council Bluffs , and wuu at work today trying to clear his desk of the accumulated work. Some fifty bills awaited hla signature and lie declined to no any one , at least until a part of hla tank had been completed. He declined akeliny statement or give nn ho dcrlli IB BOO any due , nt least until ho had i ' illntn nt Ills disposal. The gov- crnor co ] < ? ) is of the unfair treat input ho alleges i , * tlvcn III in by tlic people and ne\vsp.ipc t Oinnlm and Council Illuffs and will \.My \ make nnotlicr afnVI.il et.ite- ment of htr course In a tiny or two. roxuvs DAIII : TO'THI : IMM.ICI : . Ho Talk * nf the nxliemrt tci Uliloli lln In Prepared to < ! If Neeem.iry NHW YOHK , Airlt | 24. General Coxey was aliouii a copy of the proclamation Issued liy tlic district commissioners nt Washington warning thn Industrial army from Invading the capllol , and having .perused It carefully , ho said1 "My niiB\\cr to It la this : "Tho wicked Ilocth wliun no min pursucth. " Thus with a biblical iiuotntlnn did the Com- monwoalor seek to answer the olllclal warn * Ing of the authorities. There can bo no mistaking the fact , that tin- general Intend ! ! to push Ills nrmy to the steps of the r.iplto ! and by UB phyHlc.it presence force congress to listen to Its demands The general wan thoroughly wrought up , although he out- vvaidlj' strove to repress nil slqns of emotion. It was with a forced smile that hu said : "Then my nrmy has btruck tenor Into the hearts of the president and congressmen. " "U'lll you heed the proclamation ? " "Emphatically no. " "If the police arrest yourself and nrmy , what then ? " "Let them dare , " snapped the general , his eyes flashing. "U'lll you desist from encouraging other Industrial armies from storming the capl- to ! ? " "On the contrary , I shall redouble my efforts to bring every uncniplo.\ed mini , woman and child to Washington. " s "Will not the fe.ir of possible bloodshed deter you' " "I do not court icsort to arms , but v\o will demand our rights even If It takes physical strength to prevail. I Bhall not commit myself to that , but will rope it my dcelaiatlon to bring congress to terms by besieging Washington until Justice Is done. " "What If the unemployed st.u\o In the streets of Washington ? " "Then the Blench of their ashes will force congress to give relief " "Is that Intended In all seriousness ? " "Certainly ; matters will bo carried to that extreme If necessary. " Met Cold Iteieption , HALTIMOHi : , Api II 24. Captain Jones' Philadelphia division of the Commonweal army met such a freezing leceptlon at I2III- cott City tonight that It Is likely to go to pieces before tt reaches the main body. They were not allowed to camp within the limits of the town , could get nothing to cat and were forced to take to the woods. ( Icneral Coxey arrl\ed here from New YoiK today and left for Fiederlck tonight. illM > fl | \VllHlllllgtllll Tllp. GUTHHH3 , Old. , April 21. Hepiesenta- tlves of the several bands of the Industrial army organised In this leirltorj met here today and because of the refusal of the rail way companies to grant them reduced tales decided not to go to Washington , but to hold meetings and ha\o parades in o\eiy city In the territory on .May I. Frjo'N I It'll Will \\tilk Nil MIIIM. Tnrmn HAUTE , imi , April 21 Foe's army did not succeed In getting out of town and , " ! 00trong they are squatted on top and Inside of box cais and refuse to move There was n hitch between the army and the tall- load this afternoon and tjio train went off without them. < i * a i'iioaintts or rni ; nTitint : . ( jjtr.it Xoi IZiern ronrereni'ij Kndeil font Miners ronlldent. ST. PAUL. Api II 21The geneial confer- rnco committees of tbe Oieat Northein concluded their meeting tonight , but will give out nothing as to their decision. They hay they have decided \vlmt to do , and inmor says they will announce their Inten tion niter communicating with President Hill tomoirnw inoining. WASHINGTON , April 2t. Department dispatches at tbe PostoIIlco department today announcetli.it trains carrjlng the mails over the Oieat Noithein lime been resumed throughout Minnesota and North Dakota , and that theie Is a piospect the line will at once bo icopened clear thtougb. I3HN\ Kit , Api II Zl. The Coloiado Iron and Fuel company today notified the Coal Creek mlnein who struck jesterday that the mine will bo shut down tor llility days , and that when It Is leopened wages will i > t cut It ) per cent. miA/IL. Ind , Apill 24 As the block men nt the mines on Otter Creek wote totiiinlng home fiotn woik last evening they were assaulted by the striking bituminous men with .stones and clubs. Tills momlng aH thev wont to wet It the > wer < > again as saulted , the bituminous men's wives joining them In thi > rabble. TKHHK JIAFTH. Apill Railroads me taking steps to gtiaul against ti lallmu of the supply of coal. NASHVILLE , Apill 2l.-Secietary of State Motgan tecelved u letter from the waiden of the state's stocltado at lilg MOIIII- taln , datoil the ! d , stating that about 200 inlneis theie had joined thu Htilke , but quiet piovulled. UTFFALO , Apill 21 The pi Ice of coal on the docks has been advanced to J2.7.1 per ton. Tlio laihoadh have u supply sulllclent to keep tllcin running for thico or lour > 'oekn DANVILLE , 111. . Apill 21. Nearly 3.000 inlneiH near Daiullli' aio now out. The mlncra at Tllton will not peimlt the Wa- bnsh engines to con ! thcio. 'J'lils out.s off the coal of the Wabash load for thico di visions. Mist of the 1'iiinntiH Ol.ilmtiut of the > ew Itlrhi SI Inn. WASHINGTON. April -William Mc- Oarrahan , the celebrated claimant to the New Idrla mine , died at Providence hospital at ll'IB a. m. today. He had been a familiar figure ut the capltol for years , and was well Known lo a majority of senators and mem bers , a majority of whom were believers In the Justice of his claim. A bill to permit a trial of his case In the court of ilalms was passed by congress , but was vetoed bj PieM dent Hnirlson. Several other bills had been passed by ono house or the other , and n score of committees had reported favorably on thla claim. LONDON , April 21 The death Is an nounced of the well known sculptor , Hao- mukers. _ jtiri.r. riiinn in .1 CYCI.OM : . .11 l s ICnsIn C.IU-lirUt Kllleil In 11 Stiiingu Muniinr Momma mown Ilimn. mmKKSVILLE , Tex. , April 24. A water spout and cyclone played havoc about twelve miles west of here , nvery house nt 011- chtlst was blown down. Flying timbers struck a Winchester rifle In Hnlph Oll- rlirlst'a house , causing It to discharge. The bullet stiuck Miss Koule Ollchrlst , Inflicting a fatal wound. Houses were blown down on the following places : A. C. Hancock , Jack Joyce , J13 Donahue and H M. Qtilnn. Several bridges were washed away. JVM.V/f IIATTUX ll.lti .1 111,011' . Htrlclconllli Tutul riiraljHln While Seutml ut IIIH Desk. WASHINGTON , April 21 , Prank Hatton , ono of the proprietors and editor of the Washington Post , was stricken with total paralysis this afternoon , while at work at his < lenk , and has been removed to the Emergency hospital. The attack Is very fierloua. A/or / > ; ; . .u.v ins itun , Albert T , Jlcck , n AVell ICnous I.nnjor , .Mjs- tviluukl } .11 unified. INDIANAPOLIS , April 2J. Auort ! T. neck , a well known lawyer of thla city and the for mer law partner of Congressman llynum , was found dead on the floor of his sleeping room thin morning. The floor wan coveted with blood and the wludou opciilni ; uu to tlio porch was oyea. MEAN TO KILL KELLY Dissatisfied Members of Company K Plotlo Assassinate tbo Army's ' Leader , WERE EXPOSED BY A LOYAL BROTHER Warning Given in Time for the Young Com mander to Save Himself , INTENDED TO WAYLAY AND ROB HIM Planned to Secure the Money and Dodge Dlamo for the Crimo. A HUNDRED DESERTERS FROM THE ARMY ore Trimble In the Army of the fiicn llciaiinc thn Coiiiiii.iiuler striidfiislly JtrfitMMl to C.ipliir < t it Trillu - On the Miuch. ATLANTIC , Ii. , April 25. 2 a. m ( Special Telegram to The Hoc. ) At midnight whllo ( lentil nl Kelly waa at thu telegraph oin f , he leeched Information through a Mason of which organization ho Is a member , tinu plot hud been arranged by meiubers of company - . pany K , who arc In revolt , to assasslnuto him. him.The The general later announced that on Inves tigation he found the report true. The plan was to kill him and take what money could bo found on his corpse , thus leaving the Im pression that he had been killed by highway men. The genci.il will lake action to expel nil persons connected with the uflalr fiom camp today. The affair has been kept quiet In camp circles. It leaked out through an anon > - nious letlcr received by Iho general In time to foil the plans. The message stated that a scheme had b"eu laid to slug the geiieial and rob him of his money and then lull him. General Kellj's friends formed a bodyguard and escor'ed him to and ftom the cltj. Gcucial Kelly , In speaking of this occur rence , &ad ! that he had private information that there were seveial anaichlsts among the Sacramento men , and that he deslied to drive them out of the army at one. ? . All engines of the Hock Island were re moved from Atlantic last night at It o'clock. General Yardmaster Hamilton of DPS Molnes declaring that the officials of the company fcaied trouble today. . TIM : Amiv. Kellj'H .Men I.riiilliK JtriililMi 'J hey Are Compelled to 'iV'nlk. WALNUT , la. ' , April 21. Soon atl r Kelly's army left Walnut today , at least 103 men left the. ranks and started aeioss the country In various directions. The long march ahead , and the vanishing prospects of securing a train caused n rapid dissolv ing of the enthusiasm which has hereto fore marked the progress of the aimy , and the men quietly dropped out. Kelly dis claimed any knowledge of the desertions and asset ted that ho know of but ten or twelve men who had quit , but the men in ths ranks acknowledged that their comrades were leav ing and the fear was expressed that tin desertions would rapidly Incieuso In num bers. Many of the men v > ho left began to rldo cast on Hock Island freight trains ami others started on the icturn trip to Council Uluffs. It was htatfd today by some of the railroad ofilclals that COO men hail left the army since the departure from Council Hluffs , but a careful count failed to show that this Is the fact. The a rmy , ab It left Walnut , numbered 1,118 men , but It Is apparent that Kelly will be fortunate If lie reaches Uea Molncs with 1,000. The commander piofestes no alarm at the number of desoillonB , but the rank and lilo are beginning to lose hope and wciti much discouraged. Seven of the men who weie secretly arrested In Avoea last night for disorderly conduct were icleabod today and two of them hurtled after Kelly , but the others , apaprently disgusted with cam paigning , started for Omaha. Sheriff Hazen of Council Illuffs Is still following the nrmy nilli thico deputies and claims that bovcral crooks aiu In the ranks. Three Chicago do- tectlvcs and three Plnkorton men are also on the trail , and It Is expecti-l that whole sale arrests will bo made at Oca Molnos Gcueial Manager Dunlop of tha Itock Island reached Atlantic today , and will re main near the Commonwoalers until they leach Des Moines , Home of the men are b- coming violent In Ui-jir complaints over the forced march across tfTo country and Kelly a authoilly Is likely to bo severely tested If transportation is not teemed at the htatu capital. On the maich today Kelly WIIH hailed by a corps of men us he rode past thorn , and a hurley spokesman stepp d out ol the ranks and asked that the general allow them to take train. "We can do It , and wo will 119 It geiv a I , If you will let us. " The commander emphatically denied tha request , and told the men it would ruin him , themselves and the cairo of Iho unemployed If they took such action , Theto was much advcrs ? comment In the ranks on hH reply , and Kelly Is evidently alarmed at the ser ) . oils aspect. BPIA iiKDi'cnn TO Tin : HANKS There was nlsa another mutiny todaj nn | this time It promised to bo mote serloui than the Ncola Incident. Colonel Spcad , whoso populailty with the men Is as groul as that of the comm.ilhlt r , positively lefuaeil to obey ordetK on today's march , and It wii'i apparent that any attempt to discipline him would caiibo a split in the army , Spead hui been Inclined to bo uniiily u\er since Colonel linker's dlsehaigo and has stcietly sympa- thl/ed with the ox-colonol. As the army neared Walnut , Kelly or dered Spcad to march with the commissary wagons and look after them Kj.ead promptly replied that ho was doing all he could and could not follow the commander s Instruc tions. A decidedly hot exchange of compli meiitH between the two men followed When the men reached Walnut llit-y wrrn In a state of great excitement , and i r < l r-iei | serious trouble before night. A ciioi distance tanco beyond Walnut the oiiny halted about 2 o'clock to discuss tlio iiiiijcuding trouble. Speud. attempted to mnka a speech , anil Immediately a wild scone ensued. Crlou of "Spcad mingled with Bhouts for Kelly wem hcatd The men formed oppusllo bodies and u Ilt'ico Unlit ncpined Imminent. Vor fifteen or twenty minutes the BCOIIO continued , Spead con tinued to try to speak amid cheers from - followers and howls and throats fiom Kclly'M men. Stonea were gathered anil clubs were waved , whllo the crowds from Wulifut ie- tired to u safe dlntaiic-n In expectation of * conflict. At length Kelly climbed on a vvaaon and began a speech. Men run from all direc tions shouting "Kelly , " and teen over hult tlio army hud gathered about him Ho talked quietly and attempted to quell thu angry mob. Hu Informed them that a court martial had been held and that the captains had , by a vote of 20 to 3 , i educed Spead to the rankv. "We're going to WaBhlngton , " ho Miauled , "and I bullovo vso will go toKethor. " The men cheett-d , and Kelly 'ordered them to dinner , * -