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THE OMAHA DAILY BEE.
ESTABLISHED JUNE 19 , 1871. OMAHA , THURSDAY MOKNESTG , MAY 0 , 1895. SINGLE COPY ITIVE CENTS.
TREATY IS NOW EFFECTIVE
Ratifications Eiclanged by Japanese and
OhintBo Envoys Yesterday ,
GUARANTEED THE ADDITIONAL IDEMNITY
Denmndcil by I'uropcan I'owcra
nnil Conceded by the Jupnncia
lime to Ilo J.'mbodlcU
a * n I'rotocol.
SHANGHAI , May 8. It Is stated hero that
' , ' - the ratifications of the treaty of peace bo-
f tween China and Japan were exchanged today
at Che-Foo.
It Is reported that Sir Robert Hart , Inspector
specter general of the Chinese customs , has
guaranteed the payment of the additional
Indemnity demanded by Japan as a result of
relinquishing her claim to the Line Tong
peninsula In compliance with the views of
Russia , France and Germany. Sir Robert
Hart , however , makes his guaranty condl-
tloi al on thu financing of the total Indemnity
being left In his bunds ,
WASHINGTON , May 8. The Japanese
and Chinese legations are expectant of flnal
developments today on the peace settlement ,
but no ofllclal statement ot the exchange
of ratifications had been received yet. It
is known positively that the treaty formally
ratified and exchanged today Is Identical to
the one originally negotiated at Shlmonosekl.
Such changes as Russia and the other
powers have Insisted upon will not bo Incor
porated Into the present , treaty , as It Is said
this would be Impossible In vlsw of the fornnl
ratification of the original treaty by the
mikado two weeks ago. The features of the
Russian protest may , however , be added as
a protocol. It Is said that the full execution
of these changes will b. ' the subject of diplo
matic arrangements between Russia and
Japan for some months hence.
As a result of the understanding reached
between Japan and Russia , It Is believed
hero that the Indemnity probably will be In
creased 100,000,000 taels , and that the occu
pation of Port Arthur Is likely to be for a
term of years until the Indemnity Is pa'd.
LONDON , May 8. A dispatch to the
Standard from Berlin says that rumors are
current there that a C per cent Chlne'e In
demnity war loan will be Issued. The em
peror of China Intends to send a special mis-
tlon to the czar , Emperor William and Presi
dent Faure to thank them for their Interven
tion.
tion.Tho
The Hamburger Nachrichten , In an article
that Is certain to be attributed to Prince Bis
marck , tays that the Initiative taken by Ger
many was premature.
A dispatch from Shanghai says that the
Chinese emperor has written to the czar and
President Faure asking for help to meet the
war expenses and promising to grant im
portant commercial advantages to Russia ocd
France In return.
STARTLING RUMOR FROM CIIEE FOO.
SHANGHAI , Mny 9-Prlvato ndvlres from
Ghee Fee last evening are to the effect that
the ratification of the treaty were not ex
changed yesterday , the day fixed for the
exchange. It Is evident there Is a hitch
Fomcwhcre. The Russian war ships at Ghee
Fee , which have been painted gray , have
been cleared for action.
RUSSIA'S AG11MN U AS WKLT. TAItUX
' \
Jnmeft ( rcclumn of the Opinion ( hut
Country Him Dona thu World n Survlec.
MARIETTA , O. , May 8. James Creelman ,
the war correspondent , who Is here engaged
In writing his hl.'torlcal book , says that the
action of Russia in forcing Japan to abandon
! nil thoughts of conquest on the Chinese
t mainland will prove a blessing to the civ
ilized world. It means that Corea Is to be
absolutely Independent. Mr. Creelman de
clares that Russia was justified In believing
that the Jnpaaiese Intended to gradually an
nex the Corean peninsula. The Corean klnp
Is today a mere puppet In the haifds ol
Count Inouye , and all national movement !
nmong the C'orenn people nro ruthles-ly sup
pressed by Japanese trocps. With Japar
guarding on one side of the gulf and China or
the other , Europe would In time find Itsell
powerless to deal with cither nation. Uiissk
has In no sense taken from Japan any legitImate
Imato bpolls ot war. The Japanese have fron
> \ the very beginning declared that the sol <
object of the struggle was to free Corea.
Mr. Crcblman Is seriously alarmed becausi
nothing has been heard recently from hit
colleagues In the east , Mr. Gowen of tin
London Times and Mr. Ward of the Pal
Mall Gazette. After the massacre at Per
Arthur the European correspondents wen
always tn danger among the Japanese troops
NIOAHAUUA HAS ItAlSl.O THU MOMi
reeling Ac lntt the KiiRllih > IJnllj
( jrowliiff Morn lllttnr ,
MANAGUA , Nicaragua ! ( via Galveston )
May S. There Is no longer any doubt tha
Great Britain will receive her smart mone ;
on time. The 15,000 sterling to bo paid b :
L Nicaragua to Great Britain has been rnlsei
here by popular donations. Three Germai
mercantile firms have given about 2.00
and the whole amount will bo ready to b
paid In London In a few days. The raisin
of the money , however , has only Increase *
popular feeling In Nicaragua against Grea
Britain , and the feeling Is now very bltte
Indeed , more so , If possible , than when th
British landed at Corlnto. The goners
opinion seems to be that the Central Amei
lean republics will form a combination , pos
tdbly secret , against Great Britain , and tha
everything possible will be done to exclud
British goods from Central America. Thi
feeling will probably result In commerclt
gain to the United States. There Is no doub
however , that tha action of the three Get
man firms In subscribing so liberally to th
Indemnity fund will provo u good stroke e
business to them.
The United States ship Alert arrived o
Monday last at San Juan del Sur froi
Panama.
I'repnreit for \ VholciultForgery. .
LONDON , May S. Mondal Howard , a
American citizen , who was arrested her
on April 29 on the charge of having In hi
possession a number of engraved plates an
other material for forging notes nnd postafi
stamps , wns arraigned today nt the Wesi
minster pollen court. The British police ai
Inch much Importance to the capture e
Hownid , owing to the discovery of extcr
Rive forging of American postage stamp :
which havf been eiffered for sale at an ai
preclable discount. The police also foun
at his lodgings plates for printing 1,000 fran
notes' , llko those of the Bunk of France , nn
for printing bopus French railway bond
etc. The prisoner was remanded until Tue :
day next.
1'ri p.irlnIT Work fur tli" Haute.
WINNIPEG. Man. . Mny 8. A meeting (
the Manitoba government was held la :
night to consider government measures pn
parntory to the reassembling of the nous
tomorrow. The schools remedial order wt
ono of the questions under discussion. Tl
ilrst thing to be tnken up by the hoii !
will be the government's answer to tl
Ottawa order , ns that takes\ precedence ovi
nil other business. The reply will be I
the form of n series of resolutions" .
on HIP Troop Mi Inn.
LONDON , Mny 8. The > Times will tome
row iiubllch a illpatch from Kobe , Jupa
ntatlng that cholera has broken out t
board the transports ut Tullcn-Wan. It
reported that half the troop ships of tl
original I'e-Clil-LI expedition are Hying tl
yellow ting , denoting that the disease pr
vails on board ,
ljile t New * from Outi * Itt-n _
* MADRID , Mny 8.-Queen Regent Ohrl
Lto
s V1 tlna gave an audience today to Qencr
" " > Calleja , formerly captain general of Cub
who cpoke optimistically of the situation
Cuba. He declared he believed the rvhellli
would goon end. The latent othVlnl nv
from Cuba la reatmrhiK ,
Mlnlnter Terrsl smru fur nrrlu.
CONSTANTINOPLE. Mny R.-Hon , A. \
Terrcl. the American minister to Turku
left thla city today for Culro. Egypt. 1
IntendB to nmke a tour of Syria.
'O313I1TTKR WRAKRSBlt TUB 1IIL1.
'rlnco Hohcnloha Prefer * the Antl-Uevotu-
tlon Mennuro ni It U'n * .
BERLIN , May 8. The Reichstag was
rowded today with members nnd the gal-
erics were full of Interested spectators to
icar the debate on the second reading ol
he antl-rcvolut on bill , a measure which has
ttractcd universal attention for n long time.
The chancellor , Prince Hohenlohc , In cx-
ilalning the motive of the government In
ntroduclng the bill , said he could not under-
itand why Indignation meetings had been
leld to protest against passing the measure ,
lo held too high an opinion of "the nation
of thinkers" to Imagine It would be supposed
hat the work of German philosophers and
ho progress of humanity would be checked
> y the legal provisions under discussion.
The commltue had dragged extraneous mat
er Into the bill , Intending to strengthen the
lands of the executive , but tneir propo. , iU
ntroduced questions of religion and public
norals and even weakened certain provisions
of the bill. Continuing he said that he hade
o thank llerr von Levetzow , late president
of the Relchstng , for his motion which par
tially substitutes the government bill for the
committee's proposals and the prince ex
pressed the hope that the house would fur
nish the government with the means of op
posing the violent tendencies of certain
classes with more effective measures than
were hitherto at Its disposal.
Herr Barth , a member of the frelslnnlge
party , declared that Prince Hohcnlohe has
pronounced a eulogy on the bill.
Count von Mantueffel , coniervatlve , ap
proved of the proposal of Herr von Levetzow ,
and said that If It was rejected the con-
seratlvo party would vote against the com
mittee's wording and probably against the
whole bill.
Herr Auer , socialist , described the bill as
being the outcome of fear nd said : "Ger
mans only fear God and the social demo
crats. " ( Laughter. ) He added : "Tho con
servatives want to see the socialists place
themselves In revolt In front of the soldiers'
rifles and see their blood flow. We shall not
have to do them Ill's favor. "
The pres'dent of the Reichstag , Herr von
Buol-Bcrenberg , rebuked Herr Auer for his
utterances.
The minister of war , General Bron-art von
Schellendorf , said that the duty of the army
was to defeat the enemy. Its laurels were
not won by keeping down mobs In the streets.
This work was confided tn the police.
Count von Cardoff , uie German silver
champion ; announced that the Imperialists
could only support the sections of the bill
dealing with the military and penal code
and the increment ot soldiers to mutiny.
Herr Relndle , centrist , said his party sup
ported the bill as It emerged from the com
mittee and rejected Von L = vitzow's proposal.
The centrists , he addEd , contended that they
were called upon to flght for order , religion
and morality , not order alone.
Herr Munckel , on behalf of the Frelsin-
nlge volks partel , said he disapproved the
entire measure.
Herr Zimmerman said the antl-semltes
would only support the military clauses ol
the measure.
CALLIUJ ALOUD TO I'lli : STKAKKIt
O'Donovnti Itossa Creator n Scene In the
Iloimc of Commons.
LONDON , May 8. There was an excltinp
and unprecedented scene In the House ol
Commons this afternoon. Just as the chlel
secretary for Ireland , Mr. John Morley , hail
finished his speech discussing the bill of Mr
Edmund F. V. Knox , member for Wesi
Cavan , antl-Parnelllte , to repeal the crime ;
act , O'Donovan Rossa , the well known Irlsf
agitator from New York , arose from a sai
In the strangers' gallery and exclaimed
"Mr. Speaker , an assassin's blow has beer
aimed at me In this House and a stain has
been put on my name ! "
Rossa's remarks wcro greeted with low
shouts of "Order ! "
The scrgeant-at-arms summarily ejectet
Rossa from the House. At the time of thi
Interruption the members did not know tha
It was Rossa who Interrupted the proceed
ings and when his Identity becameknowi
the sensation Increased.
A previous speaker , It appears , had alludee
In uncomplimentary terms to O'Dcnovai
lossa , and It was this which caused him ti
nter a protest from the gallery. Rossa
after being ejected , was turned over to th
mllce with orders not to allow him agali
\lthln the precincts of the houses of Par
lament. Consequently Rossa was marchsi
ft the premises by the bluecoats , who warnei
dm not to show his face there again.
After several hours' debate following th
sp-cch made by Mr. Morley , who warml :
supported the bill , closure was adopted by
vote of 225 to 20S and Mr. Knox's bill to re
ical the crimes act was read for the Eccon
time without division.
IIOOFY fllOM THE NTAO1
Kobbcr * net Thirteen Hundred Dollar
from I'nMcnirprii nnd Loot nn Hxprcsi ox.
CALISTOGA , Cal. , May S. Two maske
road agents caught a stage load of Sa
Franciscans on their way to the summer re
sorts of Lake county yesterday and strippe
them of th'ir valuables.
The robbers secured about $1,300 from th
passengers and looted the Wells-Fargo treas
urp box as well , but how much they got I
not known. The holdup was between Calls
toga and Clear Lake line. The stage Ie :
Callstoga at noon and had reached a poir
ono and one-halt miles from Mirabel , xvhe
the men stepped from the bushps lining thread
road and ordered the driver to halt. Kespln
their pistols pointed at his head , they mad
him throw down the express box. While or
of the highwaymen kept the driver and pa :
seng.rs covered the other broke open tli
box , but found no money.
The passengers were stood up and whll
one of the robbers kept them steady with h
weapon the other searched their pockets.
The highwaymen went about their wor
like old hands at the business , one In parttci
lar being as cool about It as If he was colloe
Ing taxes. Twelve hundred dollars rewai
has been offered for the capture of the rol
bers.
nn ni.titled
Stilt e Atkn Tlmn to Hucuro the I'rescncH
\VltnrHRc * from ( hleiico.
PIERRE , S. D. , May 8. At the Benedh
hearing on the charge ot larceny this aftci
noon Attorney General Crawford asked fi
a continuance to secure witnesses from Ch
e cage , which motion was granted. The all
davit sets forth that one Avery says W. V
Taylor and II. M. Benedict came Into th
Exchange National bank ot Chicago Januar
3 , 1895. Taylor drew $60,000 of state funi
and said he would take the cash to Dakol
In person , with Benedict to assist In guan
Ing It. Benedict's bond U $2,000 , which h
attorney agrees to furnish. Ho will be n
arrested on a charge of conspiracy to di
fraud as soon as the larceny case Is con
plete-d.
HKLlKfE inrKiiTKOW IS .S/M.U.tlf A
Reporter * anil Ininnlty ixpcrt : Think lit
J'erfeclly Suite.
UNION , Mo. . May 8.-When the Duestro
Insanity trial was resumed today the sta
presented the sworn testimony of MOFSI
Daniel Reedy , James Loughboro , Jol
Kicly , Richard Wood and Arthur Crelg
ton , the newspaper men who In their olflcl
capacity visited Duestrow In the St. Lei
jail quite frequently prior to and since t
last hcnrlnB , and , Judging from obs rv
tlon nnd conversations , believed him sa
and shamming.
llniiil > yudlp H' Impnr IMC Hold ,
LONDON , May 8 - ThcCtmarder Etrurl
nhlch tails from Liverpool next Saturday I
New York , will take 200,000 In gold to tl
bond gyndlcato ,
\ \ anl O Ip nt I.iniinlr.
LARAMIE. Wyo. . May S. ( Special. ]
Sixty thousand sheep will be thorn In ti
county thU Keason , representing a clip
eoo.Cw ) pound * . The shearing season \v
close about Juno 15 ,
i\-inieri : > iirVrMmi Dem ) ,
MANCHESTER. N. I ! . , May 8 , Ex-Go
crnor Jamw A. We < ton died hero toJay aft
torcrul weel'.i of illness
FACTIONS AMONG A , P , AS
Harmony nn Unknown Quality in tie Na
tional Organization of the Ordtr ,
COALITION , SEP/RATION AND PUBLICITY
Thrco rolU'lcBVhlcli Mnji Lend to a Split
In the Itnnhs nf the Order seventh
Annunl Meeting Held ut
Milwaukee.
MILWAUKEE , May 8. The seventh an
nual session of the supreme council of the
American Protective association began today
In Liberty hall. The delegates number In
the vicinity of 400 and the greatest Interest
seems to prevail. From what can be learned
of the probhms which are vexing the dele
gates , It Is probable that the session will bo
a very Important one. The order Is now
semi-political , and It has exerted Its Influ
ence In conventions and at the ballot box.
Some of Its members favor coalition with
any of the existing political parties which
will come out openly and advocate the prin
ciples of the A. P. A. Another faction would
have a separate political party on a strictly
A. P. A. platform. Still another wing of the
association favors publicity and would do
away with all secret work. It Is also hinted
that the free silver question may cut a figure
during the session. From this It will be seen
that unless the leaders are cxceedlndly Ju
dicious there will be many breaches to re
pair. The opinion seems to prevail that the
separate party proposition will not succeed ,
but nothing definite can be learned at this
time as to the other mooted questions.
Probably the most Important step to be
taken by the association will be the adoption
of the intrnatlonal constitution and declara
tion of principles and the extension of the
order to all parts of the world , creating
thereby what will be known as the supreme
council of the world. This question has been
under consideration for some time and the
report of a special committee of ten , ap
pointed a year ago , wll bo submitted. Five
members of the committee are Canad'an mem
bers and five are members from the United
States. The chairman Is Colonel E. H. Sel
lers of Detroit , who will report the draft
of a new constitution which will be presented
so modified ! that It will have International
scope. The Canadian delegates are here aa
delegates to the committee m tlng , but II
the motion Is adopted they will be admitted
to full membership. A member ot the com
mittee from Canada says there are now mors
than 100,000 A. P. A.'s In Canada and that
they have practically controlled elections In
the Dominion for two years.
The opening session was cal'ed to order with
some 350 delegates present. President Tray-
nor presided and the various committees re
ported or were appointed to their work.
The emblem of the order , a gold eagl ;
mounted with a small American flag and "the
little red school house" suspended , Is numer
ous on the streets. The membership In Wis
consin Is placed at 45,000.
The committee on credentials has severa
questions as to representatloa under consld-
eratlon. Bev. J. C. Medlll of the Canadlar
branch of the order spoke for an hour , outlin
ing the school war In the Dominion.
Th ? annual address of President Traynoi
will not be delivered until the final report ol
the committee on credentials Is heard.
The afternoon session convened at 2 o'clcck
A IlltUUC IX IHIIjAVf AKI
Almost rmmgli Kcpnblicans Vote for Iln-
punt to Hlert Him ,
DOVER , Del. , May S. There wa ? great ex
citement on the floor of the senate todaj
while the balloting for a United States sen
ator wns In progress. Nine ballots wer <
taken , and nearly all of the republicans deserted
se-rted Hlgglns , Massey , Pennenlll and Ad
Olcks , casting their votes for Henry I. Du
pont , president of the Dupont Powder com
pany of Wilmington.
On the first ballets the Mas'ey men wen
to Pennewlll , and the Hlgglns followers al
voted for Dupont. On the third and fourtl
ballots Burton deserted Pennewlll and votei
for Dupont. On the fifth all of Pennewlll'
followers , except Morgan , voted for Dupont
giving the latter twelve votes , and on th
sixth , seventh and eighth ballots Morgan deserted
sorted Pennewlll for Dupont , making th
latter's vote thirteen.
Every attempt made to adjourn was de
feated by a strict party vote. After th
eighth ballot had been taken Senator Manb ;
of Wilmington moved to take a recess untl
3 p. m. The yeas and nays were called fo
and the legality of the proceedings was ques
tloned. The motion was defeated. A motloi
by Representative Fenlmore for the tw
houses to separate was also defeated.
Senator Pierce then asked for n ruling ate
to the right to take a recess , and the speake
decided favorably. Pierce then moved a re
cess until 2 o'clock this afternoon , and by
vote of 15 to 14 It was lost. On the nlnt
ballot Money deserted Addlcks and voted fo
Dupont , giving the latter fourteen votes.
Governor Watson will not vote in case an
candidate gets fifteen votes , but It Is nc
known how Senator Cadrecorda will decide
„ There is great excitement , and the Addlck
men are closely watching the two member
from Sussex.
BlltONO UNDOItSKS TIIK I'OMCE HIM
Mayor of NCIT York ( i vehnti Argument fa
Its Piinv.ici' .
ALBANY , May 8. The bill for the reoi
Kanlzation of tha police department of Ne-
York City reached the city today with tli
certificate of Mayor Strong's approval a
tached. In transmitting th'e ' bill the mayc
says that It Is accepted by the city of Ne
York In spite of the serious objections tin
have been urged against It. The prlnclpi
reason which Influences Its acceptance
given as follows : There -unquestlonabl
an almost universal and sincere belief amen
the people of the state outside ot thla city , :
well as on the part of a large number of 01
citizens , that the political party usually I
the minority here should have a represent :
tlve In tUo police board , because that boai
has so great a power of control over cle
tlons and the fair exercise ot that power
necestary to prevent the votet of the peep
In all parts of the state for president ar
governor from being nullified by fraud or h
tlmldatlon here.
Peniocrutle. ( lovemor Inaugurated.
NASHVILLE , May S. The Inauguration i
Peter Turney , who was declared governi
by the legislature Friday night last , toe
place at noon today In the hall of the houi
of representatives at the capltol. There wi
a large attendance of members of the legl
lature and vis tors.
The republican members were consplcuoi
by their absence , having left the city th
morning for Chattanooga , where they w
spend the day with Hon. II. Clay Evans , ni
return here tonight.
Is Truln Itublier lllll Killed.
ie SPRINGFIELD , III. , Slay 8-The Boga
dus bill , making train robbery a caplt
offense , was killed by the house today. Tl
point wns raised that the bill wns real
nlmed at strikers and not genuine robbe
and It failed to pass &S yeas , 72 nays.
Think it U vnr S-ub DM It ,
A small blaze was discovered last nig
on the second floor of the building- (
Farnam street , which. Is owned by D.
Patterson and Is occupied on the first no
by the Helln & Thompson tailoring to
nnd on the second by the Swedish Journi
The tire wa soon put out. It Is thoug
that the lire originated from a burn !
cigarette or clear stub \vhlch was throv
on the floor of the closet. Th walls ai
celling of the hallway were bcorched ui
water from the broken water pipes clamag
some of the cloth In the tailoringBI ! >
downstairs The entire loss did not exce
cn.tnr.i : * FAtii vltozst CUSTKUT
Probability that tli3 ForfoUnro-Clnuno
Ho DlnrcsAtited.
SAN FUANCISCO , May 8. TUerc will be
n battle royal over th'S $20,000.000 or more
left by the late Senator J Tines G. Fair and
the prospect ot long litigation promises fat
picking for the army ot lawyers In the case.
Charles L. Fair has filed hla contest of the
will of his father , sometimes described ns the
"Qoodfellow will , " nnd sometimes called the
"pen will , " as distinguished from the "pencil
will" produced by Mrs. Nettle Craven. The
contest Is made partly on the ground of tlte
existence ot a will made later , tow It , the
Craven will and partly on the ground of un
due Influence working on a man of enfeebled
health. It has been nn open secret for some
time that the attorneys for Charles Fair
were not at all In fear of the famous for
feiture clause In the Goodfellow will , provid
ing that any legateo. who shouU contest
should forfeit nil right to a share ot the
estate of Fair , cither as heir nt law. or as
beneficiary under the will.
The pen will is dated September 21 , 1891 ,
and the Craven will U dated September 24 ,
1894. The first left the property In trust ; the
second gave Charles Fair $300,000 outright ,
besides n share of the balance of the estate.
Charles S. Wheeler , one of Charles Fair's
attorneys , was seen last night and among
other things he said a wrong Impression had
gone abroad relative to the meaning of Judge
Slack's decision on Monday last.
"Our effort , " said Mr. Wheeler , "wns not
directed merely to the proposition that the
later will should be heard first , but we asked
further that the earlier will go off the
calendar Indefinitely until the validity of the
Craven will \\as determined. Judge Slack
denies that motion , but it still remains for
him to decide which of the two wills he will
first take up. "
With regard to the forfeiture clause , Mr.
Wheeler said : "There are a number of
grounds on which we believe It will be dis
regarded. One of these Is tha wording of the
clause , which confines the forfeiture to
'legatees or devisees , who may contest. In
our view the only legaUes or devisees are
the trustees. We do not believe that the
annuitants to whom the trustees are directed
to pay over the Income fn specific shares can
In the strict meaning of the words be de
scribed as legatees or davlsees. Eeverythlng
Is devised to the trustees , who are directed
what to do with the proceeds , That Is a
technical point , but future clauses arc always
construed In the strictest way against the
Instrument and It tlicro Is the slightest
ambiguity they fall to the ground. "
Charles L. Fallis the champion of tilt-
proponents. The attorneys suggest that It Is
not necessary for Mrs. Herman Oelrlchs and
Miss Virginia Fair to Join. They maintain
that the thing to break is the will , and the
will once broken Is broken for nil.
Herman Oelrlchs. Mrs. Oelrlchs , Miss Fall
and some friends will leave for the east In a
private car this evening for-New York. They
will probably go abroad before returning to
California.
This was the day fixed for hearing the pe
tition for the probating of the Fair will
dated September 1 , 1804to which opposition
has been filed by Charles L. Fair. At the re
quest of the executors a continuance was
granted for one week to enable the executors
to consider this proposition , the executors ,
however , not conceding young Fair's right to
contest the will. The Fair children then ob
jected to the presentation for the minor
heirs , among which is Herman Oelrlchs , Jr.
I'OVlt OF TIIK U MlURHb IF EKE J1VJIT
i'trlkliic Wnrkmt'n ' In the Illinois Steel
Worki Ho nil inu Tltnlr lUntlni ; .
CHICAGO , May 8. Four pol'cemen were
Injured and ono striker was fatally shot In
a riot at the Illinois Steel company's plant
at South Chicago. ,
The riot followed a mass meeting of the
strikers held In Eighty-fourth street. About
500 men wcro present and the speeches became
so violent and the men so demonstrative that
the leaders forced an adjournment. The
crowd would not disperse , however , and a
riot call brought a detail of fl t ° en police
officers , headed by Lieutenant Wagner , to the
scene. The police ordered the 'crowd ' to
disperse , but the order was met with hoots
and threats. The police finally charged with
drawn re\olvers and were met with a vol
ley of stones and slag. Lieutenant Wag
ner and three of his men fell and the other
olllcers opened lire , sending about twenty-five
shots Into the crowd. At the beginning of
the firing the strikers fled , four of the lead
ers be ng arrested. The wounded are :
John Wllkoskl , striker , shot through the
head , will die.
Lieutenant Wagner , head cut by stones.
Officer Martin Crotty , clubbed into Insensi
bility.
Officer John McCaffrey , badly bruised.
Officer William Walsh , head badly cut by
stones.
N"ne of the policemen are believed to be
fatally hurt. After the shooting the rioters
gathered In groups , threatening vengeance ,
and more trouble was anticipated by the
police. The mills were kept under police
protection and the company's store of dyna
mite was heavily guarded.
The A. H. U. has been brought Into the
strike among the employes ot the Illinois
Steel company at South Clilcago. flpforo the
struggle Is over the national organization
which brought out the standing army In the
Pullman strike may throw Its whole enorpj
Into the movement. It alt rests with Presi
dent Debs' answer. Tonlsht 285 members
of the local organization of the A. II. U.
No. G12 , which Is composed of strikers , tooli
radical action. It announced that It de
manded an eight-hour day and a r.O-ceni
Increase of wages and made a demand or
Debs to assist with all tlie power ot the A
n. u.
trlko Miiy Lilt All Summer.
PITTSBUnG. Kan. , May 8. The smelter
men's strike Is still on and nothing of ai
eventful nature has taken place. The dele
gallon of 100 appointed to visit the works a
eWlr City made the visit , but accompllshei
nothing , as the workmen there will not qul
for fear the works will be shut down in
definitely. There are no Indications of i
settlement of the trouble as yet and It look ;
as though the walkout will be for all sum
'
mer.
Lockout of Titliitors iu : < le < l.
INDIANAPOLIS , May 8.-Tho ten days
lockout of the union painters has ended. Th
union painters last night accepted the term
of the bosses and today all went back ti
work. The bosses on their part agre ° d ti
n take back the men without prejudice and t
not discriminate against ijnlon men. Nelthe
are they bound to employ union men. The ;
will hire and dismiss m n at will.
Mny Wipe Out'the Color Line.
CINCINNATI. May 8. The Internationa
convention of machinists ( has decided to elec
olllcers tomorrow for two years and wll
probably hold biennial pensions hereaftei
The color line Is causing- quite an aglta
tlon. It will probably 'bq wiped out.
Minor * do Hut1 It nt 'th ' Old crulc.
WASHINGTON ; In-d..j May 8. The coo
miners' union ot this city has held a meet
Ing and decided to retunj to work nt the ol
scale. The MontEomeryimlners will also resume
sumo work.
TllllKA'lKHKn VLlHll.V 1'ESltC.
One ot the Ite erv.itlaa Settlers Itefuioi tHe
Ho Krlrtp.l l.r irfdlnn I'oMce.
FENDER , Neb. , Slay 8. { Special Tele
gram. ) William Sharpe , a reservation settle ]
was threatened with ejectment this niornln
by Indian Agent Beck. The land whlc
Sharpe has been holding since Decembe :
1894 , Is a piece ol unallotted land hold by on
W. A. L/ewls , whofe wife Is an Omaha India
now residing at Ponder. Agent Beck notlfle
Sharpe not to pay the leafe money to Lewi :
but that be ( Beck ) would make him a leas
as soon as he received advices from tb
United States department , Sharpe deflra tli
Indian authority and .says he will not be n
moved by Indian police. He la In consult :
tlon with local attorneys here and eoir ,
trouble U anticipated.
Ilrnvjr 1 uin unit Hull ut 1'iiim.
PANA , III. . May g. A heavy rain an
hall storm swept the country just north c
here last evening. T ylorvllle was lloodei
The extent of the damage to the fruit crc
Is unknown , llaln was badly needed.
ORIGINAL UNIT OF VALUE
Decision of a Bet ns to What Was Fixed by
the Founders of tbo Constitution !
REPORT MADE BY ALFXANDER HAMILTON
Cold mill Silver Itolli Coined nt tlio Itiitlo
of in to 1 and llotli Were Mmlc full
Ll'gill Tender l > y the I'll ft
Colimgo Art.
CHICAGO. May 8. Hon. William A. Vln-
c nt has decided the bet made by two well
known democrats of this city , 'ex-Mayor '
Hopkins and William S. Forrest , as to the
unit of value from 1792 to 1873. Mr. Vin
cent was at ono time chief justice of the
supreme court of Now Mexico and was re
moved by President Cleveland owing to his
appointment of Stephen Dorsey as Jury com
missioner. During a recent discussion at the
Iroquols club between Hon. Washington Hes-
slng , Hon. John P. Hopkins , Slgmund Zsls-
ler , es < ] . , and W. S. Forrest , esq. , the truth
fulness of certain statements In regard to
the unit of value In the United States from
1792 to 1S73 was questioned. This argument
resulted In a controversy , which by agreement
of the parties was referred to Judge Vincent
for a decision.
In his decision he says. In part : "In April ,
1790 , congress referred certain nutters re
lating to the establishment of a mint to
Alexander Hamilton , then secretary of the
treasury. January 28 , 1791 , he communi
cated the result of his Inquiries and reflec
tions to the house of representatives. This '
report Is an exhaustive treatise on the tub- '
jcct of currency , on which Hamilton was al
most universally considered to be the b'st
Informed and most profound student of the
nation. Hamilton evidently asked Thomas
Jefferson to examine the report and expr.ss
his Judgment , because In February , 17U2 , or
two months before the passage cf the act
under discussion , Jefferson wrote to Hamil
ton : 'I return you the report on the mint ,
which I have read over with a great deal of
satisfaction. I concur with you In thinking
the unit must stand1 on both metals ; that
the alloy should bo the same In both , also
In the proportion you establish between the
value cf the two metals.1
NATURE OF TUG MONEY UNIT.
"Under the question : 'What ought to be
the nature of the money unit of the- United
States ? ' Hamilton says , among other things :
'As long as gold , either from Its Intrinsic
superiority as a metal , from I's greater rarity
or from thp prejudices of mankind , retains
so considerable a prominence In value over
silver as It has hitherto had , a natural con
sequence of this seems to be that its con
dition will remain more stationary. The rev
olutions , therefore , which may take place
In the comparative value of gold and silver
will be changes In the state of the latter
rather than In that of the former. But
upon the whole , It seems to be most advis
able , as has been observed , not to attach
the unit exclusively to either of the metals ,
because this cannot bo done effectually with
out destroying the office and character of one
of them as money and reducing it to the
situation of a mere merchandise , which , ac
cordingly , at different times , has been pro
posed from different and very respectable
quarters , but which would probably be a
greater evil than occasional variations In
tbo unit from the fluctuations In the relative
values of the metals , especially If care be
taken to regulate the proportion between
them with an eye to the average commercial
value. '
"The conclusion to bs drawn from the ob
servations which have been made on the
subject is this : That the unit In the coins of
the United States ought to correspond with
24 % grains of pure gold and with 371'/i
grains of pure silver , each answering to a
dollar In the money of account.
"Inasmuch as the number of grains In a
silver dollar was suggested to be exactly
fifteen times the number of grains in a gold
dollar , Mr. Hamilton's report necessarily
recommend : the adoption of a bimetallic sys
tem at the ratio of 15 to 1 , and his reflections
are certainly of greater value than those
made by others years before that time.
Based upou the Hamilton report , congress
enacted the law of April 3 , 1792.
"A careful reading of Secretary Hamilton's
report and the act of April 2 , 1792 , cannot
fall to convince that congress substantially
adopteJ and enacted nil of Its views , which
agreed with those of Thomas Jefferson. It Is
true that congress did not provide for the
coinage of a gold del ar of 24 % pralns , as they
recommended , probably for the reason that
It would be too small to be practicable for
use , and because , as suggested by Hamilton
In the same report , "In small payments It Is
not perceived that any Inconvenience can
accrue from an entire dependence on the sil
ver and copper coins. The chief Inducement
to the establishment of the small gold piece
Is to have a sensible object In that metal , as
well as In silver , to express the unit. Fifty
thousand at a time In circulation may suffice
for this purpose. "
BOTH LEGAL TENDER.
"It has been suggested and seems to be
true that If the provision for the silver dollar
In the act of 1792 had been omitted we would
still have had n unit of one-tenth of the
eagle , or 24 % grains of gold , as recommended
by Mr. Hamilton , as the Idea was to have
the value of denomination made equal In gold
and silver. It was Intended by Hamilton's
report , and the act of 1792 , to have free an
unlimited coinage of gold and silver after de-
duping one-half of 1 per cent , ns In said act
provided at the ratio of 15 to 1 , the then com
mercial values of the two mctils , and both
were made a legal tender for all debts. It Is
undoubtedly true that the Spanish milled dollar
lar , as It was then current , was the startIng -
Ing point , and the number o (
grains to compose a gold dollar
was ascertalneJ by dividing the
number of grains In the silver
dollar by fifteen , but this does not alter the
lact that units were expressed In gold and
1 silver. On the contrary , It seems to show
that both were made units of value. The
1 word 'unit' was employed as the equivalent
i ! of a dollar , and the dollar was to consist ol
> either , ono of two two different things , one-
> tenth part of 24 % grains of gold or 371'/ ,
" grains of silver , Just as equal values might
be embodied In given weights of any twc
given commodities , such as wheat or corn.
"A unit of value Is the unit In which values
are expressed ; the value of both gold ant
silver are expressed In the act of 1792 , so w <
had two units of value. It both had not beer
so expressed , we could not have had bimetal
llsm. The unit Is simply the starting point It
the reckoning of money. In England th <
unit Is the pound , In Germany the mark , Ir
Franco the franc , while section 20 of the ac1
of 1792 provides 'that the money of accoun
of the United States shall be expressed li
dollars and cents. '
"I am of the opinion that under the ac
of 1792 the unit was to bo the dollar. Thi
value of this unit was to bo measured botl
In gold and silver. 371U grains being tin
quantity of silver and 24 % grains being thi
quantity of gold which were to equally ex
press the measure and value of the mil
adopted. As I conceive this to be the poln
at Issue , as understood by the parties to tin
controversy , and which wan Intended to b <
expressed In the written statement thereof ,
decide In favor of the affirmative of the prop
osltlon. JVVIlUAMA. VINCENT. "
Wvomliiir'n Silver lleleir.itn .
CHEYENNE. May 8.-Speelal ( Telegram.
Governor Richards today appointed Sena
tors Warren nnd Clark and Congressmni
Mondell , 'the Wyoming congressional dele
Kutlon , aa delegates to the Salt Lnke sllve ;
convention.
llounil Hchuinn n Miron * .
SUNDANCR , Wyo. , May 8.Speclal. < . ) -
The recent shipment of hounds to Its range
by the Standard Cattle company for th
purpose of exterminating wolves IB prov
Ing a successful plan. The dogg hunt I :
packs and tear a wolf to pieces In shot1
order whenever they catch one. During th
two weeks' experiment with the hound
! over twenty woiv8 have been killed.
1.\TKHSAT1UAI. V. .11. C. A.
Report * of Onicers show the OrgnnUttlon
tn Itr In n riourlflhlnc Condition.
SPRINGFIELD , Mass. . May 8. The In
ternational convention of the Young ; Men's
Christian association opened Its annual con
vention today with a new feature In the
"quiet day" services , commencing at 10
o'clock In the morning nnd continuing until
3 p. in. The convention was formally called
to order at S-30 In the state Uaptlst church.
About 500 delegates , representing nearly
forty states nnd' territories , besides several
provinces In Canada being present. C. N.
lllerce of Dayton , O. , was In the chair and
spoke a few words of welcome , saying that
the Young Men's Chistlan : association could
look back over Us past with thanksgiving
and look over the future with rejoicing.
J. A. Dummet of Portland , Ore. , was then
appointed temporary secretary and 11. G.
Van Tuyl of Detroit , Mich. , John Thompson
of Quebec nnd 1) . N. Van Vranken of Grand
Forks , N. D. , were appointed a temporary
business committee. A nomination com *
mlttee was appoint d , consisting of one mem
ber from each state , territory and province ,
to bring In a list of officers for the conven
tion.
tion.The
The following list of officers was brought
In and unanimously approved : President ,
H. M. Moore , Iloston ; vice presidents , John
E. Irvln > of St. Johns , N. B. , James Stokes
of New York , Henry J. McCoy of California ,
S. W. Woodward of Washington , D. C. , J.
W. Glllully of Colorado , Prof. J. D. Dobyns
of Mississippi , S. P. Fcnn of Ohio , George
Rutherford of Ohio ; secretary , Wilbur M.
Lewis , Georgia ; assistant secretaries , T. D.
Patton , Manitoba. Elgin C. Vanness , Michi
gan , and E. H. Moorman , Tennessee.
The principal address of the afternoon ses
sion was made by Rev. Theodore Cuyler of
Brooklyn , N. Y. , who spoke on "Tho Jubilee
Conference and Its Message to This Conven
tion. " T. DePotter , preslJent of the Spring
field Young Men's Christian association , then
welcomed the vUltors In behalf of the asso
ciation. Mayor Charles Long did the same on
behalf of the city , nnd Rev. llalph W. Brock
on behalf of the churches.
The exercises of the evening were held nt
the city hall. The principal speakers were :
H. M. Moore of Boston , whose subject was :
"Tho International Committee Work of Su
pervision and Extension Considered In Some
of its Territorial Aspects ; " Prof. .1. 1) .
Dobyns of Jackson , Miss. , who spoke on
"Association Work in the South and South
west , " nnd Thomas Cockran of St. Paul , who
spoke on "Work In the West and North
west. "
The biennial report of the International
committee was given by Chairman pro torn
F. H. Prat. The- report shows an aggregate
membership 241,077. The financial reports
show an Increase In the property held by the
You.ig Men's Christian association of more
than $2,000.000 , with a total of $16,252,875.
The educational work Is In a gratifying con
dition.
o\i : nii'oiiuK CASK sron.KD.
Chicago Conpto tM-pnintctl by Itolntlvcfl
I limit"MKko Up. "
SIOUX FALLS , S. D. , May 8. ( Speclal.- )
Qulto an Interesting story oj love , love
scorned too much mother-in-law and
, - - recon
ciliation was brought to light here yester
day by the arrival from his home In Oak
Park , one of Chicago's Miburbs , of W. H.
Werswlck , a wealthy citizen of that place.
He came to confer with his son and daugh-
ter-ln-law , who have been In Sioux Falls
some time under rather peculiar circum
stances. '
It seems that Aldrlck , the 19-year-old ser
of W. H. Werswlck , loved and wedded c
young girl of Chicago , who was a stcnog-
rapher and Is now 17 years old. The mothei
of the young girl apparentlyjdld noUfancj
her son-in-law , notwithstanding that he h
the only heir of Mr. nnd Mrs. W. H. Worn
wick , both of whom nro considered wealthy
At any rate , two weeks ago the young wife
appeared In Sioux Falls nnd Immediately re-
tallied an attorney. The young husband , noi
knowing where to look for his wife , whom hi
loves dearly , hired n detective at $0 a daj
to hunt up his better half. Ho visited hi !
mother-in-law , who protested with tears tha
she had no Idea where her daughter was
nnd urged Aldrlck to continue his search
suggesting routes In every direction but the
right one. Finally the young husband go
track of his girl wife. He arrived hen
Thursday nftcrnoon nnd In the cvenlm
called upon his wife at her boarding house
She received him graciously and seemed ver ;
glad to see him. They "made up , " nnd ari
now stopping at the home of N. E. String
ham , near relatives of the young couple , I
appears that the young girl came ijere a
the suggestion of her mother , nnd It Is sup
posed the object was to get a divorce , to
gether with a big chunk of alimony. Th
young people say they will not go near Chicago
cage , where the meddling mother will se
them , hut will hunt a new home somewher
In the west.
SOVTItEltX Jt.ll'J'ISTS AT WASlllXOTO !
Two or Ihree Thoiiiiinil DeleRntei to Hi
1'reicut nt the. Convent Ion.
WASHINGTON , May ? . Tne general eon
ventlon of the southern Baptist church as
scmbles at the First Baptist church of thi
city tomorrow and will continue untl
Tuesday next. Betwe-n 1,000 and 3,000 dele
gates are expected to attend. No ptogran
has been arranged lor the convention , bu
all the church work , which Includes th
three great organizations of the Baptla
church south , the Home Missionary bocletj
with headquarters nt Richmond ; the Souther
Missionary society , with headquarters n
Atlanta , and the Sunday School Publlcatlo
society at Nashville , will be reviewed. A
the prominent divines and laymen of th
church are expected to be present at th
convention , which Is the largest delegate
body In the world. ' The basis of represent :
tlon Is two-fold. Every church helping I
carry on the work of the general organlzr
lions Is allowed one delegate for each $2 ;
contributed nnd without regard to contrlbi
tlons of this character each local organlzatto
Is allowed one delegate.
DEl'USElt roll JUS MIHDKKH
Long I.lit of tlmrgoi Preferred Agnln
Him frnni former < Imrcon.
DENVER , May S. Bishop Matz hns di
posed Itev. Father Mnrlnno Lepoie , pasti
of Mount Carnr-l chinch In thin city , wr
wns found guilty by un ecclesiastical cou
of undue familiarity with women of h
parish , dishonesty In politics and other coi
duct unbecoming n representative of tl
church. At the trial nllldavltH from cltlzei
of Jersey City , alleging embezzleni-nt. a < lu
tery , gambling , diunkennesa nnd like ml
doings on the pait of the father while 1
was In charge of n chruch In that city , we
presented. It was shown that ho hud pr
mulgnted a blasphemous revision of thet <
commandments , In which h exhorted h
congregation to n method of living far fro
being in arcord with the teachings of tl
church. Father Lepore IH a young mi
who arrived In Denver about two years HB
He has never been ordained to the piles
hood In America , but was given a temp
rnry appointment here on request of tl
Italian church. The church property
Mount Cnrmel Is said to be In a deplorali
condition on account of Lppore's inlsmn
ugemcnt. Lepore claims that the churi
property Is In his own name and defies tl
bishop's power to remove him. HP will a
ppnl to Jtome. He held moss today , co
trury to the rules of the church.
HALT LAKE I'ltllAVllKIl AltltESTJi
\Vn Too Intlmnto with I.ndy Member <
III ! ( nngregntlon. .
SALT LAKE , May 8. ( Special Telegrair
Hev. Dr. W. Mubry , pastor of the Fir
Methodist church of thin city and one
the 'moat prominent dlvlnea In the we"
was arrested late this afternoon on a wu
rant ( barging adultery with Mrs. W.
Hellly , the wife of a well known crlmln
lawyer of this city and H number of M
bry's congrc-Kitlon , The warrant wan BWO
out by the presiding elder of the Methndl
church. The olllctrs who made the am
caught the couple In rlagrante ik'llctu In t :
doctor's utudy. Every effort wet ) made
suppress the scandal , but without succe :
Mabry offered to resign his pastorate , gl
up everything he pofse ? fd In the world u
leave the country If the charge be r
preyed. Ills offer wag refused. Up to
late hour the couple hud betu unable to i
cure ball.
WAS A VERY PECULIAR BOND
Interesting nnd Unique Pcfitiircs of Mr
Hill's ' Last Ituloumifyini * Document.
SIGNERS MAD : MANY STIPULATIONS.
Mr. lllll Dors Nat Know Why llu Neglected *
to Attiioh 111 * IN .11110 or Who Presented
It to Uovernor lioyil tor
Approval.
LINCOLN , May 8. ( Special. ) Perhaps tht >
most remarkable feature of the Hill trial
thus far developed la the amazing unanimity ;
with which the principal nnd sureties on ex *
Treasurer Hill's official bond forgot to sign
and Justify. First , Mr. Hill goes on tho.
stand and says ho forgot to sign the bond. ,
Then conies Mr. D. E. Thompson , u surety ,
nnd n remarkably keen witness ns well a
a man of business , nnd asserts without
changing color that ho never Justified ns a
surety on n $2,000,000 bond , although thi
bond bears the Jurat of J. W. Maxwell , a
notary pub'lc ' , In which Thompson's acknowU
cdgnuMit Is taken , nnd he Is sworn to hava
justified In the sum of $160,000. Mr. Thomp
son's testimony on this head , given emphat
ically and aggressively , caused a decided
sensation , and was but another link lit tha
chain of strange and suspicious circum
stances surrounding the making nnd filing
of an Important official bond.
Deputy State Treasurer Bartlctt was re
called this morning and testified that In
Hill's second term of office ho had deposited
In the Capital National bank $10,300 In
I actual cash and drew out $17,785. During ,
Hill's first term ho deposited $ ( i,000 actual
cash and drew out $25,815. Explained how
he came to draw out more tlmn he had put
In by saying that lllll drew freely In cash
against paper deposited.
Receiver 1C. 1C. Hayden examined n paper
handed him by Mr. Whcedon , marked ox-
, lilblt "N , " and Mild It was a claim filed by-
State Treasurer Hartley for $230,000 depos
ited In the Capital National bank. Tho-
claim was for the purpose of obtaining a
dividend , should any such bo declared by Re
ceiver Hayden.
Judge Wakelcy objected to the Introduction
of the claim In evidence. He went Into an.
exhaustive Inquiry as to the nature of this
kind of documentary evidence. It had no ro
atlon to the Issue at bar. Judge Wnkeley
admitted that , subsequent to the Illegal
runster of certificates of deposit from Hill
o Hartley , and the failure of the bank , U
vas Hartley's duty to file a claim to pro
ect HIM , but he claimed that with thla
rnnsoctlon the state had nothing to do. .
Hartley had n right to file a claim cither for
ilmself or Hill , but not for the state.
"Now , what has the state done In the
iremlscs ? " Inquired Judge Wnkeley. "So-
"ar from ratifying this action of Hartley's In
lllng a claim , the legislature of two years
ago repudiated It , nnd appropriated $10,000
"or the purpose of prosecuting ex-Treasurer
III ! and his bondsmen for Illegal deposit ol
state money In a bank. "
Mr. Whcedon defended the Introduction ol
ho claim. He argued that this claim waa >
filed by an agent of the state for the re
covery of at least a portion of the state's *
nonoy. H was true that the legislature o (
IS03 had appropriated Eomo money for tha
Jeneflt of sonio lawyers. Mr. Wheedon drew
an Illustration of n deposit In a broken bank-
n which two private Individuals only were.
Interested ,
STATE SIMPLY SEEKS ITS OWN.
In replying to this Mr. Lambertson said
Lhat the whole contention of the defense had
to show that both Hill and Hartley had'
been acting an agents of the state and In a
perfectly legal manner. On the other hand ,
the state insisted that It wns not bound by
illegal actions of any of Its agents. An un
lawful act had been committed and the stata
was now trying to recover its own under an
aot of the legislature of 1S93. No act had.
iipen done by either Hill or Hartley In rela
tion to the lost $230,000 which was binding
upon the btnto. There had been no attempt
made by the legislature to do away with thin
suit. H had not repealed the depository law.
It had not held the depository law as ono In
any way connected with the suit against
the bondsmen to recover money lost to tha
state by the act of Principal Hill.
Mr. Hayden wns dismissed and the court
said that It the counsel would proceed with
another line of evidence It would take the
question of the admission of the claim under
advisement.
Judge Broady offered a stipulation be
tween counsel to the effect that this was a.
suit upon the bond of Hill , and not In tort.
Judge Wakeley said that th ? state had ad
mitted that In Its opening. The court tald
that whether the stipulation was admitted ,
or not. that was the view of the court.
Ex-State Treasurer John E , Hill was called.
Examined by Judge Broady ho said that hla
deputy had b en G. M. Bartlett , who had.
acted as cashier. Had been his deputy four
years. Witness' term of office had expired
January C , 1893.
"At the tlmo of your settlement with the
Incoming treasurer where were the funds ot
the state ? " asked Judge Broady.
"DepoMted In various banks of the state. "
"Whole did you get the certificates of de
posit which you turned over to Hartley ? "
"From the banks In which I had deposited
the state's money. "
"Were these certificates received by Mr.
Hartley ? "
Objected to by the state on the ground
that this tact was not disputed and objec
tion sustained.
"Wh n did you turn over to Bartley ? "
"On January II , 1S)3. ! ) "
"Turned over what ? "
"All the funds of the state , books and edict *
furniture. "
"What have you l > ad to do with the office *
slnco then ? "
"Nothing. "
WHY THE BOND WAS UNSIGNED.
Mr. Wheedon showed to witness the bond
for $2,000,000 nnd asked him whose hand *
writing It was In , Witness replied that the
writing was his and that the name of "John
E. HIU" written In the bend was In hla
handwriting.
"What did you do with this bond after you
, had filled It out ? "
, " "I took it to the Capital National bank. "
"Who assisted you In getting up thi *
, H bond ? "
I"C. . W. Mosher. "
! - "Did Mosher ask you why your name had
10 not been fclgnt-d to the bond ? "
Judge Wakeley objected to thli and said
that the contention of the fctatc was that
the bondsmen were held by the agreement
between all of them. The court overruled !
the objection and Mr. Wheedon continued.
"State the conversation you had with
Moshor about the absence of your name. "
"Mother asked me why I had not signed
It. I said , 'Charlie , when I find If all are *
willing to go on thla bond for $3,000,000 I
will sign my name. ' "
"What Is the reason you did not sign thla
bond before the sureties tlgned It ? "
Objected to by Mr. Lnmbertson nnd Judga
Wakeley on the ground that witness had an
swered the question. General Cowln urged
that the question was not leading and per
missible. Court sustained the objection and ) \
if formulated the form of a question by which J
witness could answer why he did not alga j
the bond before the ( sureties did so , Mr. '
. ) Wheedon asked witness he did head )
IVIUVUUIt OI C 14 1 t VIKJPO why HC 114 not H VUV * f
n the list of to bond
signatures the with hl j
3ft own. Objected to by Mr. Lambertson , but
t , overruled by the court.
r- Witness , however , replied that he could ,
ra not remember why he did not sign his nama
a at the bottom ot the bond on the first blank ;
line In the lines net apart for signatures ot
st
at Previous to this General Cowln becama
ie quite worm and vigorously declared that b
to did not purpose to bo bulldozed , but de-
tos. s.te nmndPd the same rights he would have Id
te any other trial. Court assured him that h
idot should be protected In all hlv right * .
ot
ota Witness then catd that he promltefl
c- Mosher he would not deliver the bond until
lie , wituena , had nlgned It , but that he did