THE OMAHA DAILY BEE.
ESTABLISHED JUNE 10 , 1871. OMAHA , F1UDAY MOBNING , MATST 3 , 1805 TWELVE PAGES. SINGLE COPY FIVE CENTS.
Euglith Difficulty with Nicaragua Passes
tbo Acute Stage.
SOME TICKLISH POINTS TO SETTLE YET
Question of D.itniiROii to IlrltUh Subjects
Other Thnti Consul Hutch mi it the
I'rotcclornto Over the
ItciioMittlriii.
WASHINGTON , May 2. The Department
of State haa received this afternoon a tele
Ei-am from Ambassador Bayard at London
mating that Great Britain has accepted the
guarantee made by Salvador of Ihe payment
of the Indemnity by Nicaragua in London
within a fortnight , and so soon as Nicaragua
confirms the arangetnent and so Informs the
British admiral , the admiral Is Instrucled lo
leave Corlnlo.
The above official slatement , given out at
the Slale department after I o'clock this
afternoon , may be regarded as passing1 the
aculo slage of Ihe dllllcully bclween Great
Britain und Nicaragua , which at one time
threatened to Involve the United Slates. H
cannot bo doubted that Nicaragua wll
promptly confirm the arrangements nnd the
British fleet will leave Nicaragua as soon as
the action of the British foreign office can
be communicated lo Admiral Slephenson
which , by Ihe way , might be sooner had not
the Nlcaraguans purposely Interrupted Ihe
corhmunlcalton by cable. The guarantee by
Salvador of Nicaragua's Indebtedness , It Is
said , Is simply repayment of the favor ex
tended to Salvador by Nicaragua at the tl-ne
of the Ezcta Incident , when Dr. Guzman , Ihe
Nlcaraguan mlnlslcr at Washington , look up
the case of Salvador by Instrucllons of his
own government and worked so hard to se
cure the cxlradlllon of Ihe refugees to Sal
vador. In aUdlllon lo Ihls consideration
based on gratllude , the Salvadoreans an
supposed to be Influenced In espousing tl.i
Nlcaraguan cause by n feeling of apprehcn
nlon at the presence of British trcops on
Cenlral American soil. It Is quite cortal
lhat all of the countries of Central Amcrlc
have been deeply Impressed with some
fear.
CENTRAL AMERICAN UNION REVIVED
It Is felt here that the Nlcaraguan Inclden
may , perhaps , be Ihe dlrccl means of bring
Ing about again the long expected revival o
the union cf Central American republics , Ih
small republics now existing having bee
brought to a rcallzallon of their Inablllly o
prelecting themselves In a conflict Alth an
considerable power. Allhough U may be as
turned lhat Ihe acute phase of the Nicaragua
Incident has passed , supposing thai ther
should be no hosllle collision before the for
inal orders have reached the commanders o
each side , there are yet some malljrs t
bo adjusted before Iho Incident can be re
garded as entirely closed. After the settle
mcnt of the "smarl money" claim on accoun
of Hatch , a commission must bo selected on
proceed lo adjust the claims of other Biltls
subjects , not officials , who were expelled fioi
Bluellelds last summer , and If this com
mission assesses damages against Nlc.U'agu
on this score there may bo some giumblln
before Iho account Is selllcd. This Is no
likely lo lead lo serious Irouble , bul In
Nlcaraguans , smorllng under a sense of op
pression , for they declare that Hatch never
had an excquator , and so was never recog
nized by them as a British official , may be
, counted upon to do everything they can ,
" 4 without giving cause for an cpcn rupture , lo
give Ihelr patronage in the future to other
countries than Great Britain.
THORN AMONG THE ROSES.
It Is Just within Ihe bounds of posslblllly ,
too , that the old question of British rights
in the Mosquito reservation may arlso at
some future day , for It Is recalled hero that
General Barrios , who went to London as
special commlteloner to come to an under
standing wllh Grcal Brllaln on Ihls subject
and to secure a revision of the Ircaly wllh
Nicaragua by which Ihe Brlllsh rlghl ot pro
tectorate over tire reservation was recognlzeJ ,
was mot by a polite refusal by Lord Kimberly -
berly to enter upon a discussion of the sub
ject until Nicaragua had ilrH adjusted the
claims growing out of the improper treatment
of British cillzens al Blueflelds. Thus the
„ subject was left In abeyance , though It It
should arlso again It Is probable that the
United States would this tlmo side with
Nicaragua In the contonllon lhat theMes -
, , qultos , by formal acl in convenlion lasl tum-
vl mcr In merging Ihelr territory Into Ihe body
pollllo on Nicaragua , had absolutely termln-
i ated the British protectorate. The British
i diplomatic officers uniformly fo low the prac
tice of keeping their home government In
formed as to the state of public opinion In
the country to which they were accredlled
on any Issue touching that country , as
shown by public declarations and ut
terances of leading newspape-s. Whllo It
has been suggested that the foreign olllco In
the case of Nicaragua may have been somewhat -
what Influenced In this last action In closing
up Ihe caio , or at least may have been has
tened In Us disposition by notice from the
British ambassador hero of the acllon yes-
lorduy of Ihe Now York assembly , It
waa defln.tely developed when Iho offi
cial announcement of Ihe agreement was
made thai Ihe Unlled Slates had taken a
very Imporlant pan In Ihe negotiations within : J
the last twenty-four hours. A cablegram of
inslrucllons was sent to Mr. Ba > ard , laying
down a positive line of action. Mr. Bayard
received these Instrucllons so late ycslcrJay
lhat they were undoubledly communicated lethe
the foreign ofllce today. It Is a significant
coincidence therefore thai Grcal Britain's ac
ceptance was given almost Immediately after
Mr. Bayard carried out his Instructions.
BAYARD'S TALK EFFECTIVE.
Previous to yesterday the compromise was
being pushed by the Salvadorean' minister In
London , but his efforts seemed to bo Ineffec
tive and there was no ccrlalnty thai Great t
Britain would agree. It was this doubt '
which led lo the cable lo Mr. Bayard. Ho
was directed lo urge Iho reasonableness of
the compromise proposition and seek an early
acceptance. The results proved thai his
efforts were more effective- than there of the
Salvadorean minister.
Mr. Guzman , the NIcaMguan minister
here , received the news from the Stale de-
parlmcnt late In Iho day. "I am much grat
ified wllh Iho news , " said he , "but now that
It U all over I don't mind saying I was quite
apprehensive up ta the time the olllclal mes
sage came from Mr. Bayard. There Is no
doubt but the affair Is at an end , as no cir
cumstances can now Intervene to prevent
the execution ol the agreement. The sug
gestion that Nicaragua has yet to accept U
a mere formality which she ha already ac
cepted , and In fact has urged the agree
ment through her reprcsentatl\ci. But sucti
further assurances as are necessary will be
given. The payment of the money Is beyond
question. Nicaragua's word Is heyoni ques
tion , Lut In addition there Is the assurance
ot Salvador. "
Dr. Guzman was asked what other step :
would bo laken.
"Thero Is only ono more step , " r ! d he
"and that ti for the British hlps to sail from
Corlnto. I expect thai will occur on Satur
day , rerhars by tomorrow. " As the later
view closed Dr. Guzman said : "One "
J want to einphaflie , and thit Is my apprecla-
tUm of tlTe CuimderaUon thowu Tno and mj
government ly the State department. Th <
kindly manner In which Secretary drofhan
and ajl the ofilcials have treated the tubjeci
M a time of emergency It ft rourca of con
grftlulutlon to me and certainly will bo ti
my counlry when the fad becomes known , '
Dr , Guzman lent a cable to his govern
mcnt Informing them of Great Britain's ac
ceptance.
I'rcpTlnc fir 11 r. Itnchnntu's l.'Tccutlon ,
SING SING , May 2.-Ward en Sage wll
nn Saturday send out Invitations to th
witnesses to attend the execution of Dr
Buchanan , on Wednesday next , nt whlcl
time the second respite expires. The wnr
tlen said today he had every rtfaron to be
llevo that the death sentence would be car
out then.
AKK JlKAltr TO i'HIlIT
Holdler * Askln to Ito Led Affnlnst th
DrlllKh Porec * .
( Copyrighted. 1895 , by the AMoclated 1'ress. )
MANAGUA , May 2. ( Via Galvcston. ) Ad
vices received here from the commander of
the Nlcnraguan forces at Paso de Cabcllo , a
short distance from Corlnto , this morning
say that so' far as known at the
Nlcaraguan headquarters the British force
under Rear Admiral Stephenson has not
made any further dcmonstrallon beyond re
moving Iho rails from Ihe national rallroait
communicating with Corlnto , In order , It Is
presumed , to guard against a surprise upon
the part of the troops of the republic. The
latter are animated by feelings of the most
hitler animosity against Great Brllaln and
tliey are being asked lo be led lo Ihe at
tack.
tack.H
H Is eald , however , Ihal there will be no
further trouble , an It Is known from the
highest sources that the government of Nic
aragua is expecting news from Washington
at once of a settlement of the dispute be
tween Nicaragua and Grrfit Ilrllaln
regarding the Indemnity demanded by
the latter country as the result of the
ixpulslon from the republic of certain Brit
sh subjects who had made themselves ob
noxious to the government.
Although the British forces have nol made
any attempt to leave Corlnto for the Interior
f Nicaragua , the manner In which Ihe Brll-
sh governor of Corlnlo , Caplaln Trench of
he flagship Hoyal Arlhur , Irealed Iwo pronv
nenl Nlcaraguans yeslcrday Is well calcu
.aled to still furlher Increase Ihe feeling
against Great Britain. The two gentlemen
alluded to , belonging to the leading families
of Nicaragua , were detailed by the govern-
nent to make certain communications lo Ihe
British governor , and with Ihls objecl In
view Ihey succteded In crossing from Ihe
mainland to Corlnto , where Ihey made Ihelr
way lo Ihe olllce of the Italian consul. Upon
arriving there they tent a messenger to
Captain Trench Informing him thai Ihey de
sired to confer with him as the represenla-
tlve of Admiral Stephenson In regard to cer
tain matters ot Importance connected wltli
Ihe British occupantlon of Corlnto.
The object of the Nlcaraguans In requestIng -
Ing thai Ihe Interview take place at the ofllce
of the Italian consul was lhat they desired to
avoid officially recognizing Captain Trench as
governor of Corlnto. The British office
however , refused to go to the office of the
Italian consul and Informed them thai 1'
they desired to see Ihe governor of Corlnlo
Ihey were to come to his ( Captain Trench's )
office. This the Nlcaraguans refused to do
and when the British captain was notified
of this fact he Bent Ihem a message ordering
Ihom lo leave the Island Instanlly , under tin
penally of being driven oul by force. Tin
objsct of this visit of the Nicaraguan official ;
to Caplaln Trench Is not known here.
: HAJt D1U NOT
United Stnlea railed to Offer to Arbitral
Mtuniuinn Troubled.
LONDON , May 2. The parliamentary sec
retary ot the Foreign office , Sir Edward Grey
replying to Mr. William Pollard Byles , mem
bcr for the Shipley division of Yorkshire , 1
the House of Commons today , said that th
proposal of Nicaragua to refer all dispute
between that country and Great Britain to
commission of arbitration was received Apr
11 , but , ho added , when the papers are sub
milled to Parliament it will bo seen lha
It was not a case for arbitration. Mr. Byle
also asked whether the United States ha
teuJercd her good offices or suggested terms
for an amicable settlement with Nicaragua.
To this question SIj * Edward Grey answereJ
thai no such proposal had boon received from
the United States government. He hoped ,
however , that a settlement would teen be
arranged.
The dispute between Great Brlfaln and
Nicaragua , the Associated press learns , will
be setlled wllhln n few days. The Unlled
Slales ambassador , Mr. Bayard , and Ihe
Salvadorean minister who Is representing
Nicaragua hail a long conference loday with
Ihe carl of Klmberley , secretary for foreign
affairs.
CUI.LO.H uoui.n UHIVI : KXGLANO our.
lo bnyl She Ought Never to IIn\c Horn
Allowed to Occupy Corlnto.
SAN DIEGO , May 2. Senator S. M. Cul-
om of Illinois arrived by private car from
, os Angeles last night accompanied by Mrs.
> illom and friends. In an interview on the
'orclblo ' occupation ot Corlnto by British
orces , Senator Cullom said :
"If a plain and emphatic protest had been
nado by the Unlled Slales , England would
nol have occupied Corlnlo. Now Ihal she Is
here , I believe In using force , It necessary ,
o get her out. There are two things which
the people of Iho Unllcd Slales have sol
lie r hcarls on Iho enforcement of the Mon
roe doctrine and the building of the NIcara-
; un canal. The administration that gets
n the way of Ihe people In these matters
will be put out of the way. There ore some
things that we will not stand , long-suffering
us we are. I do not apprehend that England
rtlll go to such steps as Is prophesied , yet wo
lo not know what her Insolent and dicta-
: orlal policy may lead her lo attempt. One
.hlng Is certain , that she must get away
trom Nicaragua or there will be war be-
Iwccn Ihe Unlled States and England. "
GiitMANvs : NIU : TAHUT oimi.s.
Hrntnro l'imcd Iho KelolntnR Some of Its
I'rovUinug.
BERLIN , May 2. The Relchstng today
passed the > customs farlir amendment bill.
The measure Includes a paragraph giving the
government full powers to Impose oddlllonal
duties as reprisals for the hostile duties ot
foreign states , but providing that the discrim
Inatlng duties on goods on the free list shall
not exceed 20 per cent ad valorem. The
measure raises the duties on perfumes con
taining alcohol from 200 to 200 marks and
Imposes a protective duty on quebracho wood
used for tanning purposes , to go Into effect
on July 1.
Acrnrlnn Mnrdnr In liclnnd.
DUBLIN , May 2. A seni-alional murder
Is reporled from New Ross. C. L. Taylor ,
land agent for Ihe marquis of Ely , wis shol
and killed while standing outtldo the court
house at New Ross by a bailiff whom Taylor
had threatened In evict from his holdings.
The affair lus caused the greatesl excitement
In that neighborhood.
( Wl.lf C/.U.1M .IT. lAll.lMU : I'E.IK
Itlcti riniU In tluit I.ocHllty Cauilng Soina
iiclt9ineiit In Mining ( 'irrlrs.
LARAMIE , Wyo. , May 2.-Speclal.-Foi ( )
the past two weeks claims have been filed
by a number of parties ui > on qunrtz proper
ties near Lararnl ; peak. The claims hnvf
been tiled quietly , urn ! nn cftoit has beer
made to keep the location and nature ol
the properties secret. It la now learned
that the now find Is one of the finest eolil
prospects ever opened up In this county ,
Returns from a numbr of assays have
been received which fully Justify the desire
of those acquainted with the facts lo se.
cure claims. The new ( hid Is located eight
miles north of Lnramle peak and twenty ,
llvo miles due west of Wheatland.
Th * Carbon and Hanna ccal mines , which
have been Idle for some time , will resunif
operations loday. The output ot the t'nlor
Piiclllu mints , which Is at present ISO car
per day , will be liurcated 50 per ctnt bj
starting these mines. ,
Noevctioino of nn Attorney.
CHEYENNE , May 2.-Spccnl ( ! Telegram. ;
Th * United Slates attorney for Wyomlnj
has been Instructed to have nn Investlgu
tlon made bv the United States grand Jurj
of Charles Tew. a lawyer of this city
charged wllh persuading Private Gambre
of the Eighth Infantry to desrrt. Tew , I
U claimed. udvied Gambrel to desert s <
that hi * testimony could nut be used In t
case iignlntit one of his clients.
To llrirr | riit tHifr' nvnlrr ,
CHIiYENNE , Wyo. , May 2.-Hpcclal.- ( )
R S. VnnTnRscll of this city has beei
romiiilssloiud by Buffalo Illll to eccura bin
fifty fine riding horses , all to bo gray li
color. The bunch will be. used to represpn
the fumouB Cualer cavalry regiment H
Ccdy'H Wild West.
CAUGHT THIRTY BUCKSHOT
Deputy Marehnl Put an End to the Caraer
of Two Bad Men.
PURSUING THE REST OF THE GANG
of the Odlcer4 Were Hurt In the En
counter Hcrorul 1'nrllc * View the He-
mnlni nnd Identify the Ucnd
Ontlnws.
GUTHHIE , Okl. , May 2. At Spengle's un
dertaking house In this city He- the bodies of
the two most notorious desperadoes of the
Dallon-Doolln gang. The dead men stretched
out on boards are George Ncwcomb , alias
Dltter Creek , alias Slaughter Kid , and Char
ley Pierce , alias Dynamite Dick. The ad
vent ot the officers with the remains of the
outlaws was a complete surprise to the com
munity , es no one had been apprised of the
fact that the banlllts were being pursued ,
much less' that there had been a fight , and
that two of them had been killed. They were
brought In Just as when killed , In full clothes ,
with their boots and spurs on and armed to
the teeth. Uesldes rifles each had a revolver
apiece and bells of cartridges for both Instru
ments of death. As their clothing was cut
off their bodies It was seen that Dynamite
Dick had at least thirty buckshot In him ,
while two rifle balls let the life out ot Bitter
Creek. Dynamite Ulck was shot all over ,
but mostly In the right shoulder and side , al
though he had fully six shot in his stomach
and as many In ono foot. One of his eyes
were open , as though he had been In the act
of taking a sight along a rifle. One bullet
struck Ultter Creek In the forehead and tore
out his brains at the back of his bead , and
the other hit his hand as he was pulling the
trigger.
Marshal Nix does not want to say much
about the killing , as the marshals who did
the work are still after other men. The out
laws were killed at the southeast corner of
Pawnee county at the house of the Dunn
brothers , near Ingalls , the old rendeyvous of
the outlaws , by Deputy Marshal Sam Schaffer
at the head of six other marshals. The ban
dits went to Dunn's house about 8 o'clock
last evening. It being moonlight , they were
easily seen , and Dynamite Dick was killed
outright , being filled full of buckshot.
Dltter Creek made a fight and two rifle
balls felled him oft his horse before he could
pull tbe trigger of his gun. The two men
killed ore a part of the gang that held up
the Hock Island train at Dover some time
ago. They have been chased ever since.
Charles Pierce , alias Dynamite Dick , is a
half brother to Tulsa Jack , who' was killed
In the Cheyenne country by Deputy Marshal
Banks.
The express companies have a big reward
offered for these outlaws.
The bodies were embalmed and the express
detectives have been wired for. Deputy
Hanks saw the bodies and recognized them.
Oscar Ilalzell recognized Ultter Creek. The
outlaw used to herd cattle for him. O. P.
Hicks , a couboy , looked at him and said
that he punched cattle with him several years
ago. The horses of the outlaws were killed
and their saddles and all weapons were
brought to the city. None of the marshals
were hurt. _
itovxu or UK run TJII.IT ,
At tlm ConcUlBlnn or the M lUlnm * C so the
I.-tinout lloiirlnc Win ( .ummoaccil.
SAN riZANCISCO , May 2. Theodore Dur-
rent will foe placed on trial for the murder
of Minnie Williams. He was held to the
superior ! court and bail refused. Police
Judge Conlan , the committing magistrate ,
In rendering his decision , briefly reviewed
the case , and the evidence adduced against
Durrani. In conclusion , the Judge said :
"The psople , I consider , have surely wound
the chain of circumstances In this case
around Durrant , and to cap the climax the
property of the dead girl was found In his
possession. The chain Is complete , and In
my opinion nothing Is wanting. "
Subsequently Durrani's preliminary ex
amination for the murder of Blanche Lament
was taken up. The evidence so far given
Is a precise rep3llllon of that at the In
quest , and related to Durrani's accompany
ing the girl from school on the day she
was murdered , and to his social Intimacy
with her. Blanche's cunt , Mrs. Noble , was
asked by the defence to Identify the dead
girl's handwriting. She was cross-exam
ined for an hour on this polnl. The only
wrlling which has ' .concerned Ihe case
hllhertn was thai on Ihe paper enclosing
Blanche's rings , and bearing Ihe names
of George U. King and Prof. Schernsleln.
The defense apparently wish to show that
Blinche herself wrote those names , to es
tablish their new theory that Blanche had
not been killed , and that the body In the
church was that of some one else.
ut.it ru/i.v WILL xor nc T.IKKX Ji.tvic
A. It. I' , Men Who U cut Out on the l'ul >
nin'i Mrll ( Itiirroci on the Snntii Fr.
TOPEKA , Kan. , May 2. Renewed ap
peals have been made recently to General
Manager Frey of the Sanla Fe for rein
statement of the American Railway union
men who struck Insl year , bul he refuses
to recede from his original determination
to take no such men back Into the service
of the company. These men , ho says , had
.
permanent woik , nnd could have retained
their positions Just so long ns they per
formed their duties and obeyed the rules
nnd regulation ? , but they saw ill lo connecl
Ihemselves wilh an Irresponsible organiza
tion rather than to remain loyal to the
company which gave them steady employ
ment nnd furnished them with means ol
support. In conclusion , he Fays : "Surely
the management cannot be blamed for the
present condition of these men , ns due
warning was given to all employes before
the strike took place , protesting nralnsi
any action of our employes In support 01
the American Hallway union In Its light
against Pullman. "
< ! Oitno.\'s ncriM.AII > 10
Short nnd Simple Ceremonies Over the
Kcmnlns of Arch llroivn.
HENDERSON. Ky.t May 2.-Sarvlces over
the remains of Arch Drown were heli
shortly before noon today In the First Pres
bytcrlan church , the regular pastor official
Ing. Following Ihe casket came Ihe gov
ernor and Mis flrown , Dr. Young Brown
Jr. , Virginia and Evelyn , the dead man's
slaters. The rites were very short and aim
pie. The choir sang "Come. Ye Dlsconso
late. " A chapter from the Bible was real
and a prayer offered. The congregation
sant ? "Neaier. My God. to Thee , " concluding
the exercises. The collln , completely cov
ered with beautiful floral designs , was
placed In the hearse and the cortege movet
to Fernwood , where the Interment took
place. Hon. Henry Watlc-rpon , Secrelary eState
State HcaJlay. Hon. N. McDowell , Captali
Gross nnd other prominent people accom
panted the governor to Henderson.
Menocal to Aid the Cnmmlgi on
NEW YORK , May 2. The annual meet
Ing of the Marntlme. company of NIcara
eua was held" here today. It wus said thu
the commission would leave Mobile , Ala.
on May 7 , for Nicaragua , nnd that thej
would be accompanied by Chief Englnee
Menocal , who will nld them In their In
spectlon. Secretary-Treasurer Altken de
nlta a report that the meeting had dls
cussed a proposition to advance to th
gov riimetit or Nicaragua the monev de
m.tnded by Great Urltnln for the Indig
nltlt-h put upon Consul Hatch.
I'H nt the Uinnptlon Provision *
SALT LAKE , May 2. The constltutioi
miikera talked exemption In Us varloui
forms today. The article on that questloi
was n verbatim copy of what Judge Coole ;
hud drawn for the ulute ot Michigan am
which U eatd to have given great tmtlBfuc
tlon to Ihe citizens of Michigan. It wa :
In the main adopted , but In some Impor
tant particulars : was modified to meet th
views of Botna ot the Itcul lights.
is XOT rvstuxa .T.UMA *
Foncrs Content to ( ttto Men * Reasonable
Tlmo to Anstrer.
'LONDON , May 2. A dispatch to the Times
from Odessa cays It li ccml-ofllclally an
nounce ] that Ruuli has made every prepara
tion nnd Is quite ready to1 begin hostilities If
Japan refuses to modify the terms of her
treaty of peace with China.
A Berlin dltpatch to the Times cays that
negotiations arc actively proceeding for an
amicable settlement ot the trouble between
Huisla , Germany and Franco on the one
hand and Japan on the other. In consequence
ot three negotiations Japan has not made a
formal reply to the protect of the powers.
A St. Petersburg dispatch to the same
paper says there is reason to bcllcvo that an
early answer of Japan to the Joint protest was
not expected. Russia Is Inclined to give
Japan plenty of time In which to reply with
out the lallcr slulti/ylng herself In the eyes
of the Japanese people by anything like a
too hasty compliance. The Hu slan envoy at
Tolslo has lately pressed for a reply to the
protest and has been told that It will be given
In a few da\s on the return of Count Ito ,
president of the Japanese council ot ministers.
In diplomatic circle. ; there Is great confidence
that a pacific solution of 0" > mailer will be
reiched.
The Times' Paris corresponded saya that
the papers of lhat city ore trying desperately
hard to complicate the attitude of the powers
In regard lo the Ch'ncsc Japanese treaty of
peace. The correspondent adds : "From an
excellent source I am Informed that the
rumors of an ultimatum , collective no c > , etc. ,
are not founded on fact. Hussla , In fact , Is
not so determined as ts generally supposed
to push matters to thepracttcal Issue of open
hostilities. The military resources of Siberia
are not such n.3 to Justify such an enterprise.
Germany , while apparently llrnVy deter
mine ! to afford moral support by diplomatic
pressure , has given no grounds for supposing
that she will actively Intervene.
"France , whllo faithfully keeping Russia
company , 1ms certainly not entered upon any
agreement by which she will embark on an
adventurous complication. Finally , It Is not
true that Great Britain Is Inciting Japin to
resist. Indeed , It U quite the contrary. Great
Britain urges Japan to meet the suscepti
bilities of Europe with all the concessions
compatible * with Japanese dignity and Inter
ests. This advice was not given In vain. It
Is cxpoclcd that Japan will give the European
powers a mark of deference and will renounce
an Indefinite occupation of the Llao Tung
peninsula , consenting thai nil other occupa
tions cease with the fulfillment ot the other
clauses of the treaty. I do not bcllove that
Europe will demand more than this , and I
do not believe that Japan will refuse to go
as near OB this. This arrangement may be
taken as probable and It will shortly come
about"
In a leader the Times says : "Tho diplo
matic game between Japan and Ihe powers
appears lo be proceeding In slrlct ncsord with
the regular rules. Everywhere the confidence
rcvalls thai a pacific solution will be ob-
Ined ot Ihe row. "
HANG AM > KUNU IMVITEDTO I'KIUNO
holr Absence from tlio Cnpltul Kndnngcrg
the Chiincen for 1'ojcc.
LONDON , May 2. A dlipjtch to the Times
rom Shanghai says that the emperor has
ent another urgent command to Viceroy LI
lung Chang to go to Peking in order to con-
ult with the emperor In regard to the ratl-
callon of Ihe Ireaty of peace. Prince Kung ,
resident of the Chinese council of ministers ,
nd head ot the foreign offlc ? . who has been
Ick for some time'has also had urged upon
1m the necessity of his pressnce at Peking ,
L being Intimated that < unless he does' so
he labor of the Chinese ; p > ace commission ,
vlio have negotiated the treaty of peace with
apan , will bo lost. It Is considered certain
t Shanghai that Ihe Chinese ministers and
irlnces will petition that a vastly increased
ndemnlty be paid Japan in lieu of a cession
f Manchurlan territory. ,
The ofilcials of the maritime province of
oklen. In which the island of Formosa is
Ituatcd , have sent a memorial lo Ihe Ihrone ,
irolcsllng against the cession of the Island.
They offer to contribute the purchase moncj
nstead of Liu Kin Yl. The viceroy , Liang
Clang General Sung , has declared to the em-
lorer his Intention to fight to Iho death
oonor lhan surrender Manchurlan terrllory
o the Japanese.
Viceroy LI Hung Chang left Tlen-Tsln for
'eking ' on Tuesday. It appears certain thai
lussfa has handed her ultimatum to Japan ,
TIEN-TSIN , May 2 , The emperor will rat
ty the treaty of peacs With Japan. Prince
Cung , president of the Tsung LI Yamen , and
lead of Ihe military and naval forces o [
Ihlna , has resumed his duties after a pro-
onged absence , caused by 111 health.
K.llSKD TUB Jill ! OP 27J.fi rKrCtt.lfK
> cillc.Ulon of it LonfediTnto Statue on
Alrmurl'il Dny the Cnuso.
BOSTON , May 2. Department Commander
loseph A. Thayer of the Grand Army of the
Republic of Massachusetts today sent out
he following letler to all the Grand Army
losts In the state : "What seems to me to
) j a most extraordinary proceeding in this
great nation of ours Is advertised to take
place al Chicago on Memorial day of Ihls
year , wherein a monument to the memory
of Ihe confederate dead IB lo be dedicated.
t was an outrage to every true union man
.hat the monument was ever erected. But
now Insult Is added to Injury by the selcc-
lon of our Grand Army Sabbath on which
.0 consecrate a shaft set up lo commemorate
: he deeds of men who didall In their power
to destroy the government we fought to save ,
and this north of Mason and Dlxon's line.
Comrades , the blood of our martyred Lincoln ,
of our noble Grant and of all the men who
struggled in freedom's cause- cries ou * in
protest against this blasphemy. It Is not
ivlthln my province la Issue In general orders
a command lo our posts to lake action con
demning this proposed performance , but I
sincerely hope that the comrades of this de
partment will in no uncertain manner place
ihemselves on record as resenting such ex
orcises.
"And if we complain because Ihose who
foughl on Ihe oilier side sllll glorify their
deeds , what shall wo say of an administra
tion which loans ( a gift of this sort cannot
be made ) cannon with whltfi to decorate and
embellish the ground on 'which this shaft
stands ? |
"That , as staled in the public press , has
been done. Should all .this take place and
wo remain silent ? I ' .say no ; a thousand
times no. " I
Murdered n I'iwnlirnuer 'for Ills Money.
MARYSVILLE , Cal. liny 2. Joe Pere ,
nn aged and decrepit Frenchman , who con
ducted a pawn shop which had been fre
quently under the espionage of Ihe author
ities , was found dead In liln shop this mornIng -
Ing , bound , gagged and covered with blood.
U Is surmised that the murderers , whose
object was robbery , ricretcd themselves In
his house last night while he wu known lo
be In attendance nt a. Salvation army meet-
Ing. Today a box of gold and silver watches
and $100 In coin was fount ) In the rooms.
The police have arrested Btewurt Green ,
alias George Duroy , an electrician , and a
barber nnmc-d Miller. When arreslcd the
hater tried to get his pistol , but was pre
vented. Green's mistress grove the clew to
the authorlllcs. Bubse utntly Green made
a full confession , stating that Miller had
committed the murder , but got nothing.
Cane Acnlnut A. It. Ul Mm Dropped.
SAN FRANCISCO. 'May 2.-The federal
officers have received word from Attorney
General Olney to drop ull legal proceed
ings against tlio Oakland American Rail
way union strikers. When the Jury dis
agreed at the protracted Cassldy case ,
IiCr. Olney was said ta liave ordered o
new trial. District Attorney Foote , how
ever , was advene to another Mich siege ,
and on his udvlce the matter will now b <
dropped , Th American Uallwoyi union
men are very much pleased at this de
cision , t
Movements of i-euRolne V i rl , Muy 2 ,
At New York Arrive Kilter Wllhelir
HI. , from Genoa.
At Bremen Arrived Lahn , from Nen
York ; Stuttgart , from Baltimore.
At Hamburg Arrived Husila. from Ne\\
York.
SWEPT THE COUNTRY CLEAN
Every Building in tbo Path of the Halstead
Ojc'.ono Wai Destroyed.
TWELVI PEOPLE KILLED AND MANY INJURED
FunornU of the Victims Attended by n Largo
Concourio of I'coplo Miiuy Coming
from Other 1'lnccs to Vlotr
the Wreck.
WICHITA , Kan. , May 2. A special to the
Eagle from Halstead , Kan. , sjys : The cyclon3
which passed through the western part of
Harvey county , killing twelve persons , near
Halstead , and seriously Injuring several oth
ers , was one of the most destructive that has
ever visited Kansas , with Iho exception of
such as may have taken large towns In their
sweep. A line , beginning In Scdgewlck
county at the Mount Hope bridge , within a
gunshot of the old Carlisle ranche , and drawn
straight In a northeasterly dlrecllon lo a
point a little to the- southeast of Mound Hldgo
n McPherson county , U nol for from Iwcnty-
five milts In length , and by careful count
there Is , or was , upon Ihls line , an average
of one farm house to the mile , every one of
which was ellher totally demolished or so
nearly so that in most cases It might as well
liave been.
Deputy Hall Is able to give an exact ac
count of the beginning of this Icrrlble calas-
trophe. Ho resides five miles cast of Mounl
[ lope , and was reluming with his wife from
Mount Hope. Just after crossing Ihe Mounl
Hope bridge over Ihe Arkansas they ob
served some tall ends of a cloud suddenly
thrown Into violent confusion , and after a few
moments they assumed the regulation fun
nel shape and descended rapidly to the carlh
a few hundred yards In fronl nnd to the north
of them. Clouds of dust arose from the earth
along Us palhway.
LIST OF THE KILLED.
So far as known the dead are :
FOUR MEMBERS OF THE SCHMIDT
FAMILY , father , mother , son and daughter.
MRS. JOSEPH WEAR AND THREE OF
HER CHILDREN.
MISS CORA SNEFF.
WILLIAM ARMSTRONG.
GRANDMA CHAPIN.
FARMER BACIIMAN.
Among the Injured are :
Joseph We-ar and child , dying.
The Widow Fry , Internally Inlured. recov
ery doubtful.
Mrs. J. A. Cummins.
J. H. Frlzzol.
Jake Sallnskl , injured on tbo head , un
conscious.
Mrs. William Armstrong.
William Morris , seriously.
Cyrus Hcnson , fatally.
A cqniplete list of places totally destroyed
by the cyclone Is : Gtorgo H. Keener , Mrs.
Gus Fry , Mike Sallnskl , John Wedllng ,
Joseph Wear , Mark Chapman , William Arm-
flrong , Deri Frlzzolt- Cyrus Hlnksun , J. H.
Hammey , A. F. Pawncfl , Mrs. Coatee , Spen
cer Roy , Andrew Thompson , M. ' S. Hcge
and C. Bachman.
The storm lifted and passed directly over
Mound Ridge , doing no damage there , but
filling the town with debris and dead cat
tle. A peculiar feature of Ihe storm was
the fact that It rained heavily east of the
path of destruction , but not west of It.
The funerals at the Wear family took place
at Halstead today , as was also the funeral 1
of Miss Neff. The city was In deep mourn-
ng and the funeral was attended by people
! or miles about. The funeral of Mrs , Arm
strong and Mrs. Chapln took place at Dur
on , and there was also a large crowd and
general mourning. Crowds of people visited
, he scene from Hutchlnson , Newton , Wioh-
ta and other places.
SOME OF THE INJURED WILL DIE.
The doctors say thai Mrs. Coales and Mrs.
Armslrong , whose husband was killed , can
not recover. Mr. Wear , who was reported
'atally Injured , was unable la attend tbe
funeral today.
The neighboring farmers and citizens of
Halstead held a public mooting tonight to
devise methods to get means for the relief of
the Injured people. One curious Incident oc
curred nt the homo of Cyrus HInkson. The
family went Into the cellar , and a horse
was picked up from somewhere and thrown
among-them , afler which the house was torn
away without Injuring any of them.
xisirn OF nvn.ix riUToitx COXFIHSIKD
r.omes on Doth Sides Were Heavy but the
| innlnriM Worn ItontoU.
TAMPA , Flo , , May 3. Passengers arriving
on the Plant steamship last night confirm
the account of a Cuban victory. They assert
that General Gomez , with Ihe forces of
Pique Perez and General Maceo , numbering
2,500 Cuban Infanlry and 300 cavalry , at-
templed lo Invade the province of Camaguay.
While on their march General Salcedo has
tened with 3,500 Spanish troops lo Intercept
and prevent the Cuban Invasion. They met
at Jaragueta , Ihe Cubans surprising Ihe
Spanish. The Cubans surrounded Iho enemy
and charged them seven times with their
machetes. The Spaniards finally entrenched
themselves and made a stubborn resistance.
During the conflict 200 Cubans were killed
and wounded , while the Spanish losses were
between -100 and GOO. Two hundred of the
Spaniards were captured. The Cubans then
proceeded on their march to Camaguay. ThU
occurred on the 23d.
The passengers positively assort that the
Cuban republic was formed at Palcnquc about
a week ago. Tomaa Estrada Paltna Is said
to have been named as president , Jose Marti
was foreign minister and Maximo Gomez was
general in command of the entire army
Tomas Palma is now In New York. He was
the last president of the Cuban republic am
was made prisoner whllo such. He has nevei
resigned and ha ; nol been removed , nor ha :
a successor been appolnled. A vice presldeni
has been appointed to act for him * until h <
can return to Cuba.
JNTKJtSTATU Vlt.lTOltlC.lT. CUXTWi
Itrprcscut.itlvcs of Ten StittcR Talk foi
bnprcrancy.
GALESBURG , 111. , May 2. An Intcrstati
oratorical contest , comprising ten states am
representing sixty colleges , was held thl
afternoon before a brilliant audience. Tin
orators by states were : E. II. Sherman , N'e
braska ; Charles W. Wood , Wisconsin ; T. L
Henderson , Missouri ; Forest Woodilde , Kan
sas ; O. A. Haverback , Illinois ; Nellie Wood
Indiana ; A. C. Baldwin , Ohio ; E. M. Phillips
Minnesota ; Theo Brown , Iowa ; W. N. Shaf
fer , Colorado. The Judges were Senator C
K. Davis , St. Paul ; Rev. Wlllard Scott , Chicago
cage ; Prof. J. R. Commons , Indiana unlvcr
slty ; Governor Frank Jackson ot Iowa ; lion
W. J. Bryan , Lincoln , Neb. , and Hon. J , J
Ingalls , Atchlson , Kan.
The first prize was awarded to Haverbac
of Knox college , Illinois , and the second tWeed
Wood ot Bollot college , Wisconsin.
Vurillrt III the I'leliU-Ailkmi C.i r.
nARBOl'RSVlLLE , ICy. , May 2-Th
Jury In the famous Flelds-Adklns case ha
returned 11 verdict of guilty. They will get
life sentenre.
THE BEE BULLETIN.
Weather Foreentt for N
Tnlr ; Warmer : { Southerly Wind * .
1'nifp.
1. Snn Snlrndor'ii ( Innr.intjr ( limruntced.
Had .Men Tilled with lluclohnt.
llnlntend Cyclone frightfully 1'iitnl.
Hope of the Illll IlofoiKP Ivxponeil.
3. MIUo I.iiinh Lnuil III Ilia ronllenthirj.
Situation cm iho Iteicrvntloit ,
Nc York Irlsli Force flip InniKN
3. Uninlia Wins the Opening ( lame.
tlrny KuclnfIllll llccomo * n Ijiw.
Kiiterrln3r | Mninjo' Smooth Work.
4. Kdlturlitt iind Comment.
0. Comptroller tackles on the Currency *
Clik' ; K < > ' Orrnt Drnlnuso Imml ,
Ulnlclo li Still nt Liberty.
0. Council IlliHTn I.nrnl Mutters ,
Affair * at South Onmlm.
7. Cniml Cmo Will Come Up Soon.
ClitM of Nurses Orndimtml.
0. U'llllnni Mi-cqiiliT Coiuiult * Sulclito.
Tr\in Uuhbcr * Kill nil IIiiHlncer.
sSrnoitlorml lUimern fr.mi Nlc rniiin >
1O Commercial mid riimnclul News.
rctiturc * ot tlm I < lto tnulc Trade.
Hearing tlic Kearney Itiito c'nse.
11. On Iho Tumble In Tclep'tono Itutes.
Itnil IN til to I'orcclosnrofl ,
IS. "Iho Itvllct of ( lotluuii " II.
U'lmt Medicine Muy Vet lifetime.
Flro Hundred 1'rcscnt nt tlio rederiitlon
Meeting at I.cnvonu'iirtli.
LEAVENWORTH , Slay 2. The second an
nual meeting of the Social Science Federation
of Missouri , Kansas , Oklahoma anil Texas
began here today. The federation has twen
ty-four clubs , with 72S members , anil about
300 women were present when Mrs. Laura
E. Scammon , president of the federation ,
called the. meeting to order. Mrs. Elizabeth
Mayo opened the meeting with prayer ; Mrs.
Florence Keasmr then welcomed the visitors ,
and Mrs. Lora II. Prlddy of Wichita responded
on behalf of the federation. She said In part :
"In those days the home woman must , keep
In touch with more than the dally grind of
domestic toll to be thf best homekeoper. She
must keep In touch with the women of her
own and other nations , who had Independence
of Judgment enough to keep their bearing
amid the pulling and hauling of so many con
flicting fads and Issues. "
The reports of the different officers of the
federation wcro read next , and showed the
organization was growing In numbers rapIdly -
Idly , was out of debt and had $40 In the
treasury.
At the afternoon cession some COO repre
sentative women of Kansas and Missouri
were present. The report of the executive
ouncll was submitted. It recommended the
dmlsslon Into the federation of two new
lubs : The Saturday club of Hiawatha. Kan. ,
nd the Current Literature club of Sallna.
Mrs. Laura E. Scammon of Kansas City ,
Mo. , delivered the annual address as presl
lent. It was an able treatment of "How to
lounlerbalance the Individualism , Which Is
he Ideal of Self-Culture' , with Social Cooperation
ation nnd Sympathy. "
A motion was unanimously adopted that
ha federation be changed Into a Kansas stale
ederatlon and the constitution be changed
o resemble other state federations , with n
lew to an ultimate national union of women's
clubs.
Mrs. Mary Stone Gregory ot Topeka rend
an Interesting paper advocating kindergarten
vork In the public schools. In the evening
ho" federation wcro entertained at the Sol
diers' home by Mrs. Governor Smith and
Mrs. E. N. Merrill , wife of the governor of the
state.
visuas luiu iiKrvsKD ro STKIKI- :
) nu Place In Wont Vlrjjlnlu VThoro the
Cnuso I * Weakened.
POCAHONTAS , Va. , May 2. This town
vas placarded last night wllh nollces ap-
> eallng lo the miners here to Join the West
Virginia stilkers , bul bolh ot the compan
es located here are running loday , Ihough
with a. lighter force.
Good order prevails. The Soulhwesl Vir
ginia Improvement company , the largest op-
eralors In the Held , are maintaining n po-
illlon of neulrallly and working according
to the demands for coal. They claim Ihal
no cause for a strike among their men
xlsts , and Ihey will operate as long as
he men will work. A great pressure is
being used to bring these miners Into the
strike , nnd their failure to Join Is the chief
source of conversnllon In the coal lields.
The Impression prevails that the miners
lere will finally Join or there will be trouble.
The N. & W. Railway company Us moving
ts empties from the region of Ihe strike
: o this point. No decided outbreak is ex-
) ected before Monday , but everything Is
uncertain. The Wcsl Virginia miners who
came In lasl evening left on n late train
lo reporl the position of the local miners
ind meetings will bo held today to decide
what course to pumie.
Messrs. Patrick McBryde and Lawless are
n the lields , assuring the men that aid
will be given to all strikers and their fam
ilies.
onio siixKtts ix tiEVititT NH > SIOX.
Troublous ' 1 linen Ilxpcctcd In the Hocking
VHllcy Hint Other Ohio Iteglmi * .
COLUMBUS , O. , May 2. The miners'
committee has Informed the operators thai
a Joint session of opcrnlors und miners can
not bo held until tomorrow. The miners
then went Into secret session. They began
work early. They are very reticent. They
arc divided In opinion upon the question of
askingIhe operators lo retain 10 cents to
go toward the support of certain Plttsburtf
miners , who are striking for terms which
would give employment In Ohio , Indlunu
and Illinois , but , as heretofore stated , and
as repeated again today by the operators'
. chief ( -pokes-man , such detention and use of
money would practically amount to Ille
gal conspiracy and cannot he ncccpt d.
The situation , therefore. Is that unless the
miners In the secret session who oppose
this effoit al alleged conspiracy can pre
vail upon Us friends to accede , times ahead ,
according to the operators , and es-peclally
In the Hooking vallsy , present a positive
prospect of absolute cessallon of mining.
.
KvldciKe HK lo Uuoftro 'n Kunlly.
UNION , Mo. , May 2. From the showing
made at ycsteiday'a trial of the Insanity
case of Millionaire Murderer Ducstrow , U
seems lo be Ihe general opinion lhat the
Male has gained greatly over Its effort al
Ihe last hearing , when the Jury disagreed.
Goverr.ir Johnson , for Duestrow , Mailed
Ihe day by putting Dr. Kcallng linutly upon
the Bland. The witness gave his conclusion
that Duestrow wus a paranoiac and not
a simulator.
Dr. A. H. SLOU , Ihe physician of Arlhur
Duestrow' , said he had come to the conclu
! sion that the man was insane. A recess wua
here taken for lunch.
r
Detroit' * New thnmuer of t'omnicrer.
DETROIT , May 2. Appropriate cere
monies In honor of the completion of De
troit's Chamber of Commerce bulldlnjf look
place Ihls afternoon. The building stands
un Suite and Grlswold streets , IH twelve
stories high , besides having n commodious
roof house. II embodies the latest Improve
ments and conveniences , nnd conlalnu the
handsomest exchange hall In the United
.States. Its tolal cosl Is nearly $500.000. To
day's exercises were held In the exchange
hall In the presence of a crowd of citizens
und visitors.
I.nwyor Arrrited u u Conntprftltor.
CLEVELAND , May 2.-J. n , MIchener , n
prominent lawyer of Canton , O. , and chair
man of the Stark county dcmociatlc central
committee , wus given n hearing today be
fore United States Commissioner Williams
on Ihe charge ot panning counterfeit coin.
MIchener was arrested at Canton nnd
brought here nn Monday. He was bound
over to the October term of court , with
bull fixed at J2.000. Ho will probably He
cure bondsmen and be released this after-
noon.
, , Suit Acalnit Uiunroirh Compromised.
KANSAS CITY , May 2. The attachment
suit of H , F. Crandall , proprietor of tilt
Grand Missouri hotel , against the Wag-
nerlan Opera company to catlsfy a claim ol
$300 for board for vlxty-faur musicians wat
compromized today. Ml Damrosch vuld Mr
Crandall 1100 und the coats , rather than b <
compelled to return to thin city next Oc
tobcr to try ( be cast.
Important Question Riised by tlio Dcfenso
in the Hill Case.
HOPE OF THAT SIDE HINGES UPON IT
It the llnnd Crt-ntlng the Cnpllnl Nitttnnnl
aStnto Depository U Admitted , IIIU'i
cl Clitlm the Cnso Is
landed There.
LINCOLN , May 2. ( Special Telegram. )
The state rested nt noon In the c.tse > ag.ilnst
ox-Slate Ttcaxurcr Illll and his bonJsmen ,
and at the afternoon session the defense at
tempted to Introduce as evldonco the $700-
000 bond of tlio Capital National bank , given
when It was inodo n state depository. This
was resisted by Judge Wakelcy for the state.
The defense , by Attorney John H. Ames ,
claimed thcro was no decision In any case
similar to this where a state treasurer has
been held liable for plac'ng money In a bank.
Judge Wakcley urged that thc-o was a prero-
dent In Cedar county in this stato. In which
Ju gs Savage had held that a county treas
urer had a right to receive certificates of de
posit from his predecessor , but that this very
Btipiemo court hal reversed that holding.
The argument on this point will bo con
cluded tomorrow by Attorney Ames.
Deputy State Treasurer 0. M. llartlott and
his big book resumed the wlliiess stand at the
opening of court. Ho was asked by Mr.
Lambertson If he had a record ot certificates
of deposit for J60.000 Issued November IS ,
1S91. Witness replied that ho had not. On
January C , 1803 , the balance to the state's
credit In the Capital National bank wnslS5-
357.85. This was drawn out. In two certifi
cates of deposit , ono for $160,000 and ono for
$3n,367.Sd , and both had been turned over
to Hartley In settlement between him and th
outgoing state treasurer , Illll.
Mil. HILL GOT LITTLE CASH.
Cross-examined by Whcedon witness said
that when Hill had assumed the olHcc ot state
treasurer the outgoing olllclal , Wlllurd. hail
turned over to him tuo certificates of de
posit for ? r.0,000 each In the Capital National
bank. Hill had litst gone into the ofllcu Jan
uary 5 , US ! ) . Had received only $523,21 la
cash from Wlllard at the time. All the rest
had been In checks , drafts and certificates of
deposits. Not over 2 per cent of the re
ceipts of the office had been In cash. Had
been connected with the state treasury twen
ty-four years. Had been stale treasurer four
years during that time. When Hill had euc-
ceedcJ himself In 1M > 1 he had received cer
tificates of deposit from liltmolf.
On redirect It was developed that on Jan
uary 7 , 1SS9. the two $50.000 certificates of
deposit wcro "swapped" for one $100,000 ccr-
tficate , and this was retained In the olllco of
the slate treasurer for nearly .1 year.
Hecclvcr Haydcn of the Capital National
bank was recalled and said , In cxphilnJnK
Insolvency , that ho had never known of a ,
bank that would have been able to pay all
Its indebtedness In one day. This was drawn
out by Wlioedon's cross-examination. Hayden -
den had testified jestcrday that the Iranlc
hud been Insolxent for qullc a while prior
to the settlement between Hill und Hartley.
This InformuUon was objected to by Mr.
Lambertson and sustained. Mr. Wheelon
then tried to ascertain If witness had loaned
the Capital National $20,000 , but was ruled
out.
CAPITAL NATIONAL ASSETS.
Mr. Wheedon went Into the question of
the actual assets ot the bank at the tlmo oC
the collapse and gained the Information that
In round numbers- they were $160,000. The
attorney wanted to know of what these assets
consisted. Witness replied In real estate ami
bills receivable. Had placed the real eslato
at JCO.COO , but It was worth now $ SO,000. Mr.
Whcedon attempted to ehow that the real
ussels , Including Outcalt's securities turnoi
over , wcro $222,790 , and witness admitted
that It might be passible to realize that turn
In good times , but ho had been dealing In
actualities and not possibilities.
Then Mr. Lambertson asked witness how
much hod been paid In dividends , but defense -
fonse objected and was sustained.
"Mr , Hayden , " Inquired Mr. Lambcrtson ,
"when you speak of what may bo realized
from the assets of Uic bank as $500,000 , how
much do you Include as block assessments ? "
"About $185.000. "
"Isn't $335,000 a largo estimate for the
btlanco of assets ? "
"I thlr.lt not. "
"What amount of paper was outstanding
at the tlmo of the failure ? "
"Tho sum was $339,359.80. "
The defense then went Into a close exam
ination of witness , the point attempted to ba
shown being that the Capital National bank
at the tlmo of Its future was In a much bet
ter condition than had been represented , but
the replies of witness wcro unsatisfactory.
Judge Wakolny offered certified copies of
financial statements of the state's finances
for January C , 1891 , January 5 , 1893 ,
and February 2 , 1891. Defense ob
jected to the Introduction of thcsu
documents and was overruled. Judge Wake-
ley then slated that the stale rested It. ! case ,
with the privilege of reconsideration of cer
tain matters If It was thought advisable. De-
fore proceeding with the defense the court
took a rccebs.
At the opening of the afternoon session
State Auditor Moore was recalled and Iden
tified the bond given by the Capital Na
tional bank and filed In his olllco January
1C , 1S93 , Including the signatures of C. W.
Moslicr , as president , and U. C. Outcalt , aa
cashier of the bank. Asked what tlmo ot
the day the bond was brought to the audit
or's olllco , and by whom , witness stated that
Mr. Moshcr had brought It in person , and
according to his memory , about 10 o'clock
in the morning.
Judge Wukeley objected to the introduction
of the bond Into evidence. Ho had under
stood the court's ruling , already made , to be
that the question of the bank having been
made a state depository did not at this stage
of the case cut any figure. The court re
served its ruling until the argument should
bo heard , but after some parleying on either
sldo it was decided to listen to the argu
ment forthwith.
HESPONSIIUL1TY OF A TPvEASURER.
Judge Wakcley began his argument with
the statement that the state's cause of ac
tion was as complete on January C , 1893 , as
It is today , or was when this trial began.
Continuing , the Judge declared , with consld-
| crablo emphasis , that It was an established
rule , and had been so held by this very
court , that when a treasurer having In cus
tody state funds removes from the treasury
where they belong such funds he has under
the law and the ruling of the supreme court
converted there funds to his own use. Thin ,
ho claimed , was Illustrated In the case of
the btato against the treasurer of Cedar
county , Nebraska. In that case Judge Sav
age was holding court In Cedar county , when
a case similar In every respect to the ono
at bar came up for trial. Ho held that the
agreement made between the treasurer o
Cc-Jar county and his successor , to accept
a ccrtlfilcato of deposit on a bolvent Sioux
City bank , ID lieu of the actual cash , wax
good. That decision wan reversed by tills
court , and the opinion still stands of record.
The same position was taken by this court
In the case of the state against Hill , where
he was found to have converted Btato funds
to his own use by placing them on deposit
In certain Omaha bauks. The first breach ot
the state treasurer's bond Is , In this case ,
alleged to be the wrongful conversion ot
$236,009. Tlio second breach alleges that ho
failed to pay over In cash to his successor
the full amount ot the state's funds en
trusted to him. The opinion cited above lu
the Cedar county case Is surely an binding In
this cane as that , and counsel averred that
the agreement made between Hill and Bart-
ley was no more binding on the stata than
was ( lie agreement between the treasurer of
Cedar county and his lucccetor. Ai to ttia
moneys committed to the Capital National
bank , they were mlicrllimeoiis tuxes de
posited without the sltgUtett rcferenct to any
particular fund In concluding JudgY \ ke