* imm
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THE OMAHA DAILY BEE
ESTABLISHED JUNE 35) ) , 'J871. OMAHA , ITIIIDAY MORNING , OCTOBER S , 1807 TWELVE fAG-ISS. SINGTjTS COPY imr13 CENTS.
TOUCIIES UP CLEWS
Brjooth Swindler Passes Bogus Ohcok on
Famous Now York Financier.
WORKS THE BANKER FOR COOL THDUSAND
Uopoa John Wanamaker of Philadelphia
Into a Specious Schomo.
INDUCES HIM TO BUY A NEWSPAPER
Bolls Plant for Several Thousand Dollars
and Then Skips Out
SWINDLES GREAT NUMBER OF HOTELS
Dntlnur ( tic I'nxt Four YcarN He Him
Uafhered In If 1(1(1 ( , ( ) ( ! ( li > - the
Sweat of HIM Fertile
T . . . J . "ruin. , |
NEW YORK , Oct. 7. The police say that
mmott C. G'bson ' , alto known as George A.
Shcrln , who was arrested today and Is now
a prisoner at police hcadquartets , l the most
accomplished bogus chock and hotel swindler
In the cauntry. Gibson , according to the
police , has succeeded by means , of forgery ,
bogus checks and dealings In stocks and
bond ? and playing his wiles upon flrst-clais
hotel kcpcrs during the last four years , In
getting nnd spending In the neighborhood
of $100,000. Among his victims , according
to Police Captain McClufkey , are Henry
Clews and John Wanamaker.
The police had bocn receiving complaints
from different Hf-t-class hotels In this city
for many days back Bogus checks were
laid down bv Gibson In payment of board
bills. The checks were honored In almost
every case , their worthlcssness only coming
to light when he had made himself scaioe
Complaints reached headquarters from the
collect of cities both In the east and In the
ivost , and the pollco re ogniyed Gibson's
handiwork.
Detectives were put on the Clews case , and
they located Gibson at the Hotel Hartholdl
They did not find him In when they went
to the hotel yesterday to bag the game He
was. however , found In the Grand hotel The
netectlvo saw a tall. allm. sharn-featuicd
jiiun. with blue eyes , a high forehead and
blonde whiskers He wa well dressed and
very cool when the olllcers Invited him to
take n stroll to police headquarters , pro-
tcrllng that the oollco had undo a mistake.
At pollco headqiiattcrs he described hlm clC
as Emmett C Gibson , vnmairlcd , 3U years
old , of the Ujttholdl hotel , and a native
of this country He said ho wcis vice prcsi-
il"iit of the A'ciou Street Hallway company
ot Akron , 0 , a lawyer , and once upon a
time Judge in an Ohio town
SWINDLES A HOTEL.
The specific complaint entered on the blot
ter against him wan made by the auditor of
the Imperial hotel. He alleges that Gibson
was a gurtit at the hotel August G last , and
presented n worthless check for $020 In pay
ment for a sltty-flve-dollar board bill. Gib-
. BOII "put down" the check and went away
tt with the balance In cabh. Ho was been no
more at the Imperial.
"Gibson had an office In the Ml'ls ' building
not long ago , " said Captain McCluskoy. "It
was handsomely appointed. Ho talked about
his connection with the Akron Street Rail
way company as a winning card to gain
confidence. Ho won over even Henry Clown ;
In fact bin ofllco vva next to Mr. Clews
When ho had wormed hlm elf Into Mi.
Clews' good graces he calmly laid down with
luhi ? i $1,000 check. Mr. Clews cashed It to
find how worthless It was but Gibson had
gone. A padlock was put on his office door.
WORKS WANAMAKER.
"Gibson met Mr. Wammahcr In Phlladel-
' , plila eomo time ago and the dry goods man
I was attracted by him. Glbcon suggested ,1
K paper to bo started and run by him In thn
f interest of Mr. Wntiamaker's store.
" 'Good Idea , ' Mr. Wanamaker said to
Gibson , and the plant was purchased.
The next thing Ml. Wanamaker
know Gibson had sold the plant for scvrial
thousand dollars and Philadelphia has not
known him Unco RO far us I know.
" { have not yet got a definite Idea of the
extent ot Gibson's sw Indies. I am told that
they will foot up more than $ $100,000 In four
years , and hi > opeiated In both the east and
the west.
"Among the hotels hero at which Gibson
stopped and presented his bogus checks were
the Netherlands , the Fifth Avenue and the
Imperial. Ho beat the Hotel Netherlands out
of an $ SO board bill on July 4 last. H
stopped ono day ut the Fifth Avenue and a
check was cashed far him. When be paid
his bill ho mam-god to got a $9 rebate and
the Fifth Avenue saw him no more"
Captain McCluskcy ruiimeiatcs among the
hotels which have suffered from Gibson's
patronage tha Parker House , Boston ; the
Hollcnder , Cleveland ; the Stratford , Phila
delphia ; tlio Bristol Inn , Akron , O , and the
Cadillac and the Lincoln , Pittsburg.
A widow In Cleveland Is said to have been
defrauded of $ C,000 by Gibson.
Among tbo pipers found on him were
pnpcis l-i a suit Instituted against him by
the German-American bank of Pittsburg.
LEARNED AT AKRON.
AKRON , 0. , Oct. 7. Emmett C. Gibson
organized the Akron Street Railway and Il
luminating company of this city about two
years ago. At a meeting of the directors of
'the compcciy last January ho was removed as
president and became vice president ot the
company. He was formerly located at Chicago
cage , whore ho had an olllce and was known
as a speculator. Later he moved to New
York and opened an ofllco on Broad street
In the Mills building.
W. B , Chapman , general manager of the
Akron Street Railway and Illuminating com
pany , was seen tonight and when told ot
thn repotted arrest of Mr. Gibson he con
fessed that ho know nothing of It and was
Ureatly surprised It Is said tlut Mi. Gib-
sou's removal an president of tlu > Akron
SJrecl Railway and Illuminating comptny
was brought about by foreign partlw Inter
ested In the company. George D. Allen , at
torney for the company , was also seen to
night Ho Mill he had know > Emmitt C.
Gibson five years and that ho was formerly
locatvd at Chicago , Later ho moved to New-
York , He claimed to know but little relative
< to his ( .peculations. Whoa told that a mm
named Einmcc't C Gibson had been arrested
In New York on the charge of embezzlement
lie said ha could not believe It was the same
Gibbon who | i vice president of the Akron
Street Railway and Illuminating company.
.While Gibson ! us nude many visits to t'als
city during the last year , he Is known very )
little outside of street railway circles. As
president of thn Akron Street Railway and
Illuminating comptny he was succeeded by
General Pamuel Thomas ot New York.
BANKERS ARRESTED.
RALEIGH. N. C , , Oct. 7. A special to the
JJewE aud Observer from Aslicvlllo , N. C. ,
Wlllkim E. Hrccse , president , B , H. Phen
land , raihler , end J. O , Dlcklnran , a dlrecto
of the defunct Flrat National bank of A he
vllle , were arrested hero this morning o
indictments from the United Stales cour
in fission at Greensboro , charging then
with embezzlement and conspiracy. Thlrt
thousand dollar * ball was required In ear
case , Iliuei.0 go ball at 2 o'clock. Th
other U.o were placed In Jail , but at 4 o'cloc
cave bill and AUTO released , They all hav
been under $5 OGO bondi sliKo July 31 , fo
violating the national bank art. Blnco the
a bank examiner hat been In Aat evIMe , am
iias made some startling dlscovcrlc-s. one o
these. It U alleged , revealing the fact tba
250,000 of "accommodation noted" signed b
loiolvcat person * and filled out by officials
and some forged papers arc In the bank.
Some of the notes have been rcdlxountcd
In otlior banks. C , 1) ) . Leonard , who Is said
to have secured the note signers , comprising
janitors , stteet car motormtn , plasterers , car
penters and others ot no financial etandlng ,
has fled to Mexico.
NEW Y011K , Oct. " . William A. I'otr-
son , with nn alias , has been committed to
Jail to await requisition papers from Ohio.
Wilson , who wan a railway station agent
at Mlddlclon , O. , Is accused of the- embezzle
ment ot $1,000 from the Cincinnati , Hamil
ton & Dayton Railroad company.
N or Mim. ATKINSON.
I > r < > KrHN iir Trlul of Wife of Wont
Vlrulnln'M CSovornor.
WHEELING , W. Vn. , Oct. 7. A spec'al to
the Intelligencer from Glenvllle , W. Va ,
says :
Up to this time twenty-seven witnesses
hava been examined by the prosecution In
the Atkinson forgery trial In progioss here.
A dramatis Incident was the Introd'.icMon ot
John Morrl . a blind man , very old , but In
telligent , as a witness for the prosecution.
Notrls was led to the witness Bland by his
son and bis appearance attracted riucb at
tention Ho stated that he was a neighbor
and friend of Owens , who H Jolti'ly In
dicted with Mrs. Atkinson , that In a conver
sation had with him some tlmo after Judge
Camden's death , Owenp stated that ho had
been to see Mrs. Camdcn , now MM. Atkin
son , and had fully adjusted his land affairs
and received from Mis. Cnmdcn a. recolpt
for $10 more than the price of the land. The
witness was followed by others , who iclated
conversation * -with Owens In which slml'ur
statements were made. The receipts men
tioned arc the ones alleged to have been
forged by Mrs , Atklnwm and used by Owe.is
The session today was de\otod to the ex
amination ot witnesses us to the pccunlaiy
condition of Owens , for the purpose of estab
lishing that Owens at no time could hive
paid the amount of money shown hy he ic-
cclpts A sensation was toning this after
noon hy the prosecution when they Introduced
Gcoigo W Davidson and offered In evidence
ecclpts purporting to have been gl\cn In
lip mine of Judge Camdcn to Davidson In
889 IXivldson stated on the Htand today
liat the receipts were written , signed and
cllvcred to him by Mrs Atkinson , about
hrco > Mrt > after the death of Judge Cam-
en Objection as to the admlsslblllty of
hu evidence was nt once talsed bv thr at-
oruojs for the defense Judge Blbrard over-
ulcd the objection raised by the defense ,
nd the evidence was admitted. The exctp-
lens to the tilling of the court wore noted
If D Healers was called to the stand
nd stated that eomo tlmo subsequent to
udgo Camden's death , Mn > . Atkinson of-
ercd to write and dellvci to him receipts
n Judge Camdpn's name , similar to tboso
or the alleged forgery of which oho lb being
rled Witness stated that ho refused the
offer and that ho said to Mis. Atkinson : "I
lon't like to do business tint 'vay. "
uocitns.s OK TIM : im.i.ow rnvisn.
JlNeilNC VllflirN | ( It Ho Soill < M\llllt
MoriUmlvr Control.
NEW ORLEANS , Oct 7. The Board of
Icalth officially announces the status of
affairs in Now Orleans as regards jellow
c\er to be as follows : During the twont > - >
four hours ending 9 p. m. October 7 there
were : Cases of jellow fovcr today , 31 ;
deaths today , 2 ; total cases of yellow fever
o date , 150 ; total deaths to date , 45 ; total
ibbolutely recovered , 1J7 ; total cases under
treatment , 201 Today's deaths are Miss
\nnlo HccKcrt and Miss Paulina Tamberau.
DILOXI , M'ss ' , Oct. 7. There was another
leath today from yellow fevet , that of Dr.
Drekstaller. Hoard of Health report : Yel-
ow fever under treatment , 103 ; suspicious
cases , 3 ; other cases , 7 ; now cases , 10 ;
leaths , 1 ; total yellow fever to date , 205 ;
total deaths to date , 11.
HOWARDS , Miss , Oct 7. Ton eases , of
iollo\\ fever were olficially reported today.
Total deaths to date , 15 ; total number cascn
: o date , 3f ( i ; number convalescent and dis
charged , 205 ; number under treatment , 150 ;
with black vomit , 2 ; number seriously 111 , G
The condition of affairs Is somewhat 1m-
prov ed.
MOBILE , Ala. , Oct. 7. There were four
cases In the past twentj-four hours and no
deaths In the past forty-eight hours. Dis
charged today , 2 ; total case. ? to date , 101 ;
desths , 10 ; discharged , 50 ; under treatment ,
31.
31.GALVESTON.
GALVESTON. Tet , Oct. 7 Dr. John
Gulteias of the Marine hospital scrvlco con
tinued his Investigation today. He says that
the fever la confined to dengue here
Vllllllt RllllllNVllCII nlNlllft'ctlMl.
MONTGOMERY , Ala. , Oct 7. Gosernoi
Johnston today leaned a proclamation modi
fying the quarantine restrictions against At
lanta , as follows :
riist Passengers from \tlanta may come
Into the state provided they have been in
no Infected place for ten da > s , Atlanta not
being considered Infected ,
Second Personal baggage , hand satchels ,
trunk * , etc. , must-bear certificates of disin
fection by a irpiesentathe of the Marine
hospital service before admission.
Third All goods and meichandlso from
Atlanta may bo admitted except bedding and
at tides of apparel , tilinks , valises and hand
bags
Fourth All freight cars to bo disinfected ,
oxu'pt flat and coal and Iron cars.
MJIIHSKS AKL3 AT iASHVlItn. , .
CIM criior 11 n Ton nib and I'nrt > Arrive
at Tc'imrHHci-'N Capital.
NASHVILLE. Tenn. , Oct. 7. Tonight Gov
ernor Holcomb , W. J , Bryan and Senator
W. V. Allen of Nebraska arrived , accom
panied by many ot Governor Holcomb's
staff andimllltary officers of the state Con
gressman William Stalk was n member of
the party. An imnicnut ! crowd was at the
station and the visitors were retched with
cheers. There was no speaking. The party
Is at the Tullano and callers flocked In tlio
( oirldois Mr Dryvni made a brief speech
at Springflold , TPIIII When asked his views
concerning the Creator Now York election
ho refused to be Interviewed. Congressman
Galnes and Ilio reception committee met the
party at Springfield.
Tomorrow , Nebraska day at the exposi
tion , will bo attended by an enormous
crowd. Hon. James M. Head will preside
at the mooting In the auditorium. Governor
Taylor and James M , I load will welcome
Governor Holwmb and party. Governor
Holcomb , Senator Allen and W. J. Bryan
will respond. iMr , Hrjan will speak briefly.
On the military plaza at night he'will speak
at length. There will bo a public icceptlon
In the government building. Governor Hol-
comb and party rwlll bo escorted by commit
tees and troops to the exposition at 0 o'clock
tomorrow morning , vvhcrn an Immense ) pa
rade vvll bo given. The railroads will run
excursion trains , and while 7,000 people were
brought In today , moro will coma tomor
row.
DOPING TIM : Yiiirnn : MUimcunns
( IIIPPII'M County Mu-rllT Doctor * I'ooc
of 'I liurii mill Mr * . Nil < ! . - .
NCW YORK Oct , 7. The Evening World
today publishes the follow Ing regarding tbo
alleged murderers of William Guldensuppe
vvhd arc confined In the Queens county jail
"Sheriff Dolit made this sensational utate-
mint today : 'Wo have been putting Thorn
and Nuck through the thlrty-thlrd degree
Wo dosed the food no on to make them fee
well , not sick , but bad , I expect a break
down and a confession at any time. '
"Mrs. NacW was very 111 with nausea > oa
terday. "
riilircecilcntc.l Drouth la TCIIIICHKCC
CHATTANOOGA , Tcnn. . Oct. 7.-The
drouth In this section is unprecedented
Lute crops have been literally burned up
ordinarily largo stream ? of water have
gone dry and complaints numerous and
mournful cjino In from all points In the ter
ritory lull.acent to Chattanooga. Since Au-
RiMt 22 the rainfall hat amounted to only
007 of an Inch. The Tennessee river at thin
point , ordinarily at a peed boating stage
at this season , shown a depth of only 0.5 of
a foot.
BAD DAY FOR THE DLFE8SE
Etato Scores Strong Points in the Sausage
Maker's Tr'.al ,
ATTACKS LUETGERT'S ' CHIEF WITNESSES
TcNliuoii ( ) of .Mnrj SleiumerliiK and
William ClinrlrM Torn in I'lvccn li >
Uriinil .Iiirj men and llunl-
ANHOt'lntes.
CHICAGO. Oct. 7. Ono moro day ot evi
dence and then the finish of the J.uetgtrt
murder trial will bo In sight. The stute
announced today that It lias but few more
witnesses and that It would get through
without much delay tomorrow. An adjourn
ment will then bo taken until Monday , when
tbo defense will offer a amall amount of stir
rebuttal and then the way will bo clear for
the arguments of the attorneys , which will
take about one week.
It was a bad day for the defense. The
evidence of two of their chief witnesses was
almost destroyed. Mary Slcmmcrlng and
William Charles , Luetgert's business part
ner , were tbo suffeies. Witness after wit
ness came on the stand and cworo that when
Mary Slemmerlng had dented that she had
admitted Improper relations with Luctgert
she had not told the truth. They said pho
had admitted It and In the most unequivocal
manner. Most of these witnesses were mem
bers of the giand Jury which had Indicted
Luetgcrt , and their evldoucj. was crushing.
They had told the same story , and the most
desperate effoits of the defense could not
shako one of them. Prominent business men
. who had dealings with Charles , and bankers
I whom he had done business with swoic tint
ic could not bo believed under oath , nnd
old of shady binlness tiattractionswltu
vhleh he had been connected. In this case ,
as In that of Mary Slcmmcrlng , the defense
nado frantic , efforts to save the character of
heir witness , but were not able to accom-
> llsh anything
UIG CROWD ON HAND.
The crowd at the Criminal court building
oday was larger than upon any other morn-
tig during the past week U was composed
ot the usual mlxtuie of men and women of
extreme stations In life The policemen and
U-piity sheriffs on duty had several violent
arguments with the Huong over the mutter
ot admission to Judge Tuthlll's court room ,
and hundreds were turned away disappointed
and angry. Never before In Chicago has
.lie Intel est in a murder trial been sustained
Tram ptnrt to finish ( us It has been In the
Luetgert case. When court opened the Im
peaching process adopted by the prosecution
was resumed Police Officer Charles Grlebe-
now was called to the witness otand tq tea-
tlfj to certain dates of material events In
Iho case In contradiction of witnesses for .
the defense. j
William Kulbek , Luctgeit's former hostler , |
gave au Interesting bit of evidence with ret- j
erence to Mary Siemmering. In fact , the
testimony of Kulbok was the opening wedge
for a violent attack upon Luetgert's pretty-
servant girl , for love of whom , the prose
cution asserts the sausage-maker killed his
wife. Fulbek said that ho missed Mrs. Luet-
gett on May 1 but said nothing until May 3.
"Then I asked Maiy Slemmerlng where
Mrs Luetgert was , " said the witness.
"What did she say ? " Inquired State's
Attorney Denecn.
"She said Mrs. LuetKcrt was upstairs In
bed , " responded the witness.
"Are you sine she told you that on
May 3 ? " ,
"I am positive. "
Attorney Phalen tried to get Fulbek to
change the date to a day In the latter part
of April , but the witness was obdurate and
clung to his original statement.
Luetgert's heavy features relaxed some
what as be caught sight of Mrs. Christine
Peld. He smiled then an expression of
scorn shone In his eyes. Mrs. Told Is the
woman who loaned Luetgert money and who
on the witness fitand remarked she was very
sorry for having done fed. Luetgert wrote
liar many letters of a tender and supplicating
character soon after bis arrest last May , and
Mrs. Teld banded these missiles to the prose
cution. 4.0 Luetgert's consternation the
letters . .onfionted him In court and ho was
compelled to listen to the expressions of en
dearment he had addressed to the'widow.
There was a story In circulation at ono tlmo
that Luotgcrt Intended to marry Mrs. Fold
and that was the reason he desired to bo
rid of his wife.
Mrs. Fold was In court today to contradict
the evidence of Mrs Mary Charles relative
to the rings worn by Mrs Luetgert. Mrs.
Charlej emphatically denied on the witness
stand Tuesday that she had ever asked Mrs.
Fold to say , If questioned , that the rings
found In the vat at the Luetgert sausage
factory were not the rings which had be
longed to Mrs. Luetgert. Today Mrs. Fcld ,
with equal emphasis , declated that Mrs
Charles did request her to deny that she
ever saw the rings before , Mrs Fold re
fused to do so. She said today the rings
were these worn by Mrs. Luetgert. She was
positive about It.
STRONG IMPEACHING TESTIMONY.
The rebuttal evidence of the prosecution
In the afternoon made serious Inroads on
the direct testimony cf the defense. The
evidence given by each of the Impeaching
witnesses called -was shaip , crisp and to the
oolnt. Mary Slemmerlng's. evidence was torn
to tatters. Members ot the grand Jury which
Indicted Luetgurt last May appeared on the
witness stand and testified to admissions
the young woman had made befoto that body-
as to her lelitlons with Luetgert , until
Judge Tuthlll tired of It. Finally his honor
said : "I w'll bear no mere giand Jurors.
Their evidence Is but a repetition. It seems
to me the point upon which they are being
questioned has been thoroughly covered. "
State's Attorney McEwen was satisfied by
the evidence of a half a ilaten former grand
Jurors that ho had Impeached the testimony
of the young woman wnn asserted with al
most hysterical emphasis upon tf'e witness
stand that she novcr said to the assistant
state's attorney or to the members of the
grand Jury that her conduct with Adulph
Luetgert was anything but decorous and
proper. John Hlckett of Evanston , Robert
Slcan , Frank C. Webber , Charles W , Smith
and Edward Prior , all members of the gran 1
July- which returned the true bill against
Luetgert , were called to the witness stand
and told ot the admissions made before the
Jury by Alary Slemmerlng , who testified be
fore the grand Jury for over ono hour bofoio
the Indictment was voted against Luetgert ,
According to the story of each of iheso men ,
the young woman confessed that Improper
relations had existed between hereelf and
Luetgert.
NO INTIMIDATION ,
In vain did ex-Judge Vincent and Attorney
Pbalon attempt to break down this crushing
Impeachment of ono of their strongest wit
nesses by suggestions of Intimidation , Ex-
Judge Vincent Inquired with IIro iu his tones
If Inspector Schaak or Police Captain Schuet-
ler were not In the grand Jury room while
Mary Slem.mcrlng was undergoing the In
quisitorial cross-examination. Only ono of
the former grand Jurors remembered of hav
ing seen either of the police olllclals during
the examination of Mary Siemmering. John
Ulckutt said ho saw Captain Schuetlor In the
room , but tbo captain said nothing and was
not close to Mary Slemmerlng while bho was
on the witness stand.
Police Matron McMahon of the Chicago
avenue station was placed on the stand to
deny Mary Slemmerlng's story that she bad
been subjected to humiliating treatment
when she was placed under arrest and
brought to the station. Matron McMahon de
clared It was untrue that the young woman
was despoiled of all her clothing In her cell ,
ai she had said , and that a pollceipan had
stood guard at her cell door while she wan
without raiment. "I searched her lu the
same manner as I search all women brought
to the station , " said Matron McMubou.
Attorney Phalen on cross-examination sug
gested that a practical Illustration of this
method bo given for the benefit of the court
BUI ! Jury , State's Attorney Deneen objected
somovvhat Indignantly , saying that the sug-
gstlon was ridiculous. Judge Tuthlll disre
garded the whole matter.
HAD FOR CHARLES.
Then came a horde of witnesses to Impeach
William Charles , Luctgort's business partner.
Mr. Charles sat In the court room and lis
tened to his reputation IHng assailed right
and left. Ho heard his reputation for truth
torn Into ribbons , and while these were
flaunting In his reddened face his ears were
greeted by the harsh tones of former business
associates , who questioned his Integrity.
Alexander J. Sweeney , Philip Reltr , Wil
liam Spanks and others who had sustained
business relations with Charles at the Fulton
market declared that they know Charles' rep
utation for truth and veracity In the com
munity In which ho resided and that It was
bid. Then they told ot business transactions
they had with Charles In which they got the
worst ot the bargain through wilful decep
tion and n disregard for truth on the part of
Charles A number of witnesses oald that
Charles still owed them money.
Edward J. Bat ton , assistant cashier of
Foreman Brothers' bank , was positive that ho
would not bcllevo Charles under oath. Ho
said his bank now had a note of Charles' for
$3,300. The bank foreclosed a mortgage upon
Luetgert's sausage factory May 4 and the as
sistant cashier had thus acquired some
knowledge of Charles' methods of business.
Abtaham Sellg , who bought the grociry de
partment of Luctgert'a sausage factory for
$800 at the sheriff's sale , testified that he
found 159 boxes of soap In the store and that
much of It was "scrub soap. " This was
brought out to show that Luetgert did not
neid to make soap with which to clean the
factory ,
The state will close Its case tomorrow.
Judge Tuthlll will then adjourn until Mon
day. His honor will leave tomorrow night
for Naslivllle , Tenn , , where he will be orator
ot the day at the Tennessee Centennial ex
position on Saturday. The trial will bo re
sumed nt 0:30 : Monday morning with sur-
rebuttal.
iturL is TO
Mexican Cov erimnnt [ Declines io In-
lerfeic tvltli ISxuOlltlou.
PARRAT. State ot Chihuahua , Mex. , Oct.
7. It Is reported that Max Stewart , the
American ex-confederate soldier who shot
nnd killed a policeman hero some time ago
nnd was sentenced to death for the crime ,
will be shot within a few days. The ap
peal from prominent officials of the United
States has been In tha hands of President
Diaz several weeks and It Is reported that' '
the latter has refused the condemned man
clcmoncv for the reason that the killing ot
the policeman was a cold-blooJed murder.
Max Stewart , whose approaching execution
is mentioned In the above dispatch , Is a
veteran plainsman and is well known to
many old-timers lu this seetlon. In the early
'days he was employed throngnont the west as
la cattle drlvei and conducted seveiol herds
1 for William A. Paxton from Walla Walla.
Ore , to the northern partof this state. Mr.
Paxton express's considerable sympathy and
friendship for Stewart and describes mm ns
an upright man and aigciillt'iuan. ilc says
that he has recently received a letlu1 from
Stewart and knows him to be telling the
truth In saying that rtip , killing of the Mexi
can policeman was done in Belf-defeiibo. "I
have written a letter In his behalf , " said Mr.
Paxton , "and his manyj/rUnds In Texas have
also brought pressure to Bear upon the Amc--
Ican consul , so I have confidence that consll-
erlng the circumstances his sentence will be
commuted. The only misgiving I have Is that
Sew art has had sonje personal trouble with
the consul , which makes him rather luke
warm In the matfcr , nnj of-course he Is
otherwise entirely amorn strangers. If he
could only be given a chance for his life with
two six-shooters' aUd..a good horse , " added
Mr. Paxton , with a look In his. eyes remi
niscent of old times , " ) should feel more at
ease regarding his' escape. "
TOU MOOIII : TAKfts IT AM , II\CK.
I.oUer In "Which Irlnli 1'oct Hope-ills
Of HIM ikllMlllivNH.
WORCESTER , Mass. , Oct. 7. In view of
the comment aroused by the dlscoverey that
the name of Thomas Moore was omitted
fro rathe roll of honor In the congressional
library on the ground that he had attacked
Americans , and particularly Thomas Jeffer
son , a. lettet4 written by Moore twelve years
after bis poems were published to the editor
of the Philadelphia Portfolio Is of the great
est Interest In showing- the poet's change of
attitude. The original letter Is In posses
sion of Senator Hoar , vvlfo gave It to the
Worcester Gazette for publication tills even
ing. In this letter the poet says :
"This life is Just long enough to commit
errors In and tco short to allow us to repay
them , and there are few of my errors I re
gret more than the rauhncss I was guilty
of In publishing those crude and boyish
tirades against the Americans ily senti
ments with respect to the national and Indi
vidual character are much changed since
then , and I should bluth as a lover of lib
erty If I allowed , the hasty prejudice of my
youth to blind mo now to the bright prom
ise which America affords of n better and
happier order of things than the world has
yet witnessed. If you but continue to be as
good republicans as we ) In Europe seem de
termined to be good royalists , the now and
old world need soon Jiave no other distinc
tion than the hemlsph re of freedom and
the hemisphere of slaves. " '
KICII\IS A CAM , KJIOU ST. PAUI , .
lU-v. AV. W. H\er H May Ienvc Ileth-
Kilcii Church.
ST. PAUL , Minn. , Oct. 7-rWoodland Park
Baptist church , ono of the leading churches
Ic thla city , which has been without a
pastor for the past year , has extended a
unanimous call to Rev. W. W. Everts of
Omaha. It Is understood Mr. Dvcrts will
accept.
The announcement of the Intended de
parture of Dr. AV. W. Everts from the cfty
to become pastor of ono. of the most fashion
able churches In the northern city came as
a complete surprise to his friends here , as
no Intimation of such a move bad been pre
viously given. Dr. Everts was not In the
city last evening and JiU family was able
to give only meager particulars of his con
templated withdrawal. Mrs. Everts said that
she was aware that there had been cor
respondence between the doctor and the
Woodland Park church.and that ho had re
ceived a call. "Mr. Events has been In St.
IMul foi several days , " , ald ilrs. Everts ,
"and has the matter under consideration ,
though I have not been Informed as yet that
ho has accepted a callH | relationship with
the people of Omaha during the last two
years has been fruitful and uniformly
pleasant I have no Information regarding
the Woodland Park church either as regards
location or membership , "
WIIH Murder , Nut .Accident.
ST LOUIS , Oct. 7. A , special to the Pobt-
Dlspatch from Jacksonville , III. , says that
Nora Harris , who died September 11 , as
the reported result of n buggy accident ,
and whobe body was disinterred yesterday
by the coroner'a Jury , v as murdered , ac
cording to the verdict of that body , ren
dered today. Dr. Fritz Skinner l the man
chargci ) with causing her death1 by a crlrn-
Inul operation , and Adam I-arfe-e , her step
father , nnd youngMr Hobbon , her lover ,
uru declared In the verdict to linve been
nccesBorle ? . Warrant * * oie out for the ar
rest of thn three men , but they have disap
peared. Dr. Skinner U supposed to have
Bone to New York.
MoveincnlN of Ocenii VcHnt-'lii , Out. 7 ,
At Nevv York Arrived Prussia , from
Hamburg ; Patrla , from Mnrnellca ) ; Cullc ,
from Liverpool. Hailed Auuustu Victoria ,
for Hamburg ; Stuttgart , for Bremen.
At Liverpool Sailed Callla , for Boston ,
At Genoa Sailed Werra , for New York.
At Quecnstown Balled 1'ennlond , for
Philadelphia ; .Hrltannlc , for Nevv York.
At I'hlladclphla-Arrlved-Scotla. from
Hamburg- .
At Plymouth Arrived Columbia , from
Nevv York for Hamburg' .
At Uremerhaven Arrlv e < J Kaiser AVI1-
lu'lm der Grosse , from New York.
At Hamburg Arrived Persia , from New
York.
At Naples Arrived Fulda , from New
York.
At London Arrived Mohawk , from New
ALL DONE TO CODDLE CANADA
Salisbury's ' Action in the Seal Conference
Has This Motive ,
DUE DEFERENCE TO DOMINION OP.NION .
i\ctiiKlou of lliiNnla anil .Taiian llaurd
oil Cniiailliiii Olijrotlon , 1ml
lilK.i-1) to I.OHO UN Kurec
| ! ii the Unit.
( Copyright , 1W , by Prens Publishing Company )
LONDON , Oct. 7. CNow York World Cable ,
gram Special Telegram ) The London press
attaches considerable Importance to the de
cision of Lord Salisbury definitely declin
ing to participate In aciy scaling conference
which Includes Russian and Japancsd repre
sentatives , apparently anticipating that dip
lomatic friction will result. This view Is not
shared by diplomatic circles. The World has
the highest authority for stating that the
escape from the Impasse will probably bo
found by the American delegates conferring
separately with the Hrltlsh and Ru&dlan-
Japancso representatives. There Is no ques
tion at Issue between Ambassador Hay and
the Hrltlsh government , the matter being
conducted by Washington and the Itrltlah
foreign office.
No reply has yet been received from Wash
ington to Lord Salisbury's dispatch refusing
to join the proposed enlarged conference.
Although Salisbury was formally acquainted
on the 1st of July with the United States'
suggestion that Russia and Japan should be
represented , ho- Ignored It In the dispatch
In which ho accepted the proposal for a new
conference He did this lu order to ascer
tain whether the opinion of the Canadian
government , which was hostile to the Inclu
sion ot Russia and Japan \\luti first mooted
last fall , had undergone any change The
World correspondent learng the Canadian
government In opposing the enlargement of
the conference was vigorously supported by
Secretary Chamberlain In covering the let
ters In which he transmitted Canada's reply-
to Salisbury His policy Is that colonial
opinion should rule paramount In all matters
where It does not directly clash with Im
perial Interests , In addition to which both
Chamberlain end Salisbury are only too
anxious to side with Canada when so doing
\t \ plainly calculated to produce strained re
lations between the dominion and the United
States government ; but In this Instance It
Is the opinion of diplomatists hero that Great
Urltaln has placed herself In a defenseless
position , as even though the conferemc Is
confined In form to Great Urltaln and the
United States , the American representatives
will In reality present proposals previously-
agreed upon between the United States ,
Russia an * Japan.
OK M'IMSII CAHIM1T.
Will TnKo Timeto Ili-ply to the
t'liltcil Statcx.
MADRID , Oct. 7. A cabinet council , at
which the queen regent presided , was held
liere today. When the ministers separated
the premier , Scnor Sagasta , announced to
the newspaper men that no final decision had
been _ taken In regard to the reply which
Spain will make to the note of the United
States handed to the duke of Tctuan , when'
lie was minister for foreign affairs , by the
United States minister , General Stewart L
Woodford.
The Iluparclal , however , says it learns that
the reply of Spain will satisfy Spanish sus
ceptibilities In making clear to President Mc-
Klnley the resolute attitude which Spain
maintains In regard to Cuba.
According to El IHcraldo , Spain's reply to
the United States will point out that If
\mcrlcan Interests sutler by way of the war
In Cuba they ( the Americans ) are themselves
to blame for It , inasmuch as the Insurrec
tion is assisted from the United States Cl
Horaldo t.ays . : "Wo understand the govern
ment will express Us confidence that the
new policy to bo pursued with icgard to
Cuba , will produce a change In the attitude
of the United States. "
It Is semi-offlclally announced that
the note In which General Stewart
L Woodford , the United States minis
ter , communicated to the duke of Tetuan ,
the Spanish minister for foreign affairs , Is
no more an ultimatum tlian It Is a commln-
atory document. Jn spirit and text It I
couched In friendly terms. Tlio cabinet at
Washington u\piesses a wish to know when
Cuba < ; an be pacified and requests Spain to
reply before October 30 In order that Presi
dent McKlnley may be able to Incorporate
Spain's answer In bis message to con
gress.
Premier Sagasta in agreement with Senor
Gullon , the minister for foreign affairs , pro
poses to send a moderate reply , declaring
the policy of Spain Is to await events and
to take Hiich measures as consideration and
prudence "Slctate until the change of policy
In Cuba smooths the relations between the
two governments. The answer of Spain
will not be drawn up until the program for
tbo reforms In Cuba has been published.
It Is scml-officlally announced today that
Captain General Weyler will te recalled from
Cuba this month and that It H probable the
Cortes will bo dissolved In December and a
new Parliament convoked In March.
LONDON , Oct. 8. The Madrid correspond
ent of the Times , referring to the cabinet
council yesterday ( Thursday ) says :
"Tho cabinet was unanimous In th < opin
ion that the system of warfare In Cuba mtibl
bo completely changed Special attention
was drawn to the deplorable condition of the
sick and wounded soldiers now arriving.
This aspect of the case was considered at the
direct Initiation of the queen regent.
"Regarding the finances , although the
optimist views of the recent minister of
finance do not appear to have been Justified ,
it Is believed that with prudence sufficient
rcsourors may be counted upon at least until
the Cortos meets In the spring to authorize
" "
'Fho Pal'y Mail's Madrid corro pojdent says
the premier announced to the cabinet that
the anarchists now In prison at Fort Mont-
Julch for the bomb throwing outrage at
Harcelona during the procession of Corpus
Chrlstl , will bo Immediately sent Into exile
or i cleared. _ _ _
COMMTION OK SI'tIVS PI.NOKS. .
MIIHiirj OitrriilloiiN In Calm llaf INot
WASHINGTON , Oct , 7. Consul General
How en has reported to the State department
on the commercial condition In Spain. He
says from the figures it would appear that
Spain's trade lias not yet been seriously af
fected by her military operations In Cuba
and the Philippine Islands , still there would
bo a very material decrease In the totals If
exportatlons of the amount of supplies of all
kinds sent out to the Spanish troops could be
ascertained , and until the Cuban war Is
ended all statistics of Spain's trade , the con
sul says , must be accepted as somewhat mis
leading The consul Is Informed by foreign
commercial travelers that there In a consid
erably lebs demand for foreign goods In Spain
than a year ago and that the trade outlook
Is not bright. , ,
Spain , the consul says , lias a high pro-
tcctlve tariff and It operates adversely to the
United States as wo have no treaty with her
according lower rates Another serious qucfc.
tlon U that of exchange. Gold Is at a pre
mium of over 30 per cent. Seven years ago
100 pesetas In Spanish silver or papci would
by 100 francs worth of French gooJs. Today
130 pesetas would have to be paid for them ,
Silver , paper and copper all on a par with
each other , are the only moneys used In local
commercial transactions and the custom
house. There U practically no gold In circu
lation In Spain. _
.V > irrorH Ill-turn lit Afilm ,
COLON ( Via Galvcston ) , Oct. 7 All Colon
U In a fever of excitement today on amount
of tbo embarkation of 00 Africans for Sierra
Leone on toard the Urltlsb steamer Holy-rood.
THE BEE BULLETIN.
Wcnthtr l'oroon t for Nebraska
Showers , tAxilorj WcntcrlyVlmK
PKRO
1 , Henry Clous Touched for it TlintKnitil.
llnil U j for t.m'lRprt'N Dofrnno.
KitRhtml Wlalu < to Coilitln CiumiH.
IloudMiirii Hide llrhlml llolrnnili.
S. IVnltlmi of l'i\rtlc nil tlio llnllot.
AVnlrott'n Mhpr Mlsulon 1'iilln.
3 , Tliur iluj' Sporting ltouml-l' ' | > .
Ax < ai la ( Jultrnu'A Itcxotvrr round.
4 , IMItorlnl ntul Comment.
n. I'lcurcR nn Stnto 1'ulr Attrmliinco.
Onmlm us n l.lmenl Oil Crntor.
South Onmlm Nr x.
0 , Council IlliifM I.ornl Mi ttrrn.
Io n KliM'tlon 1'orcr iM .
Treasurer Tu ) lor'n DoniUiiioa I.txc.
7. ( 'oiittnrrrlitl nnil rinnnrlnl Nr < .
Timber Vlrc < In Itrltlxh Amcrlui.
8. future or the Union fuclllu Itoiiil ,
KrpubllciiiiH Settle Their OIITcrciicc * .
10 , lilt * of feminine < ! oi lp.
11. Ciiptnlu DrltmlloN llittle for I.lfr ,
SOIIHI Wujslile sconen la Di'iitunrk ,
Koamiirn from the Holy l.iiiul ,
Octolicr'N
cooi. \vivTiimi. .
Pall In ( ho Temperature 1'rvillutcil
fur Ted n j.
Hour. DTK. Hour. li'K <
n n. in . r.S I ii , in . SO
( i u. in . r > r i : 11. in . MO
7 a. in . r > 7 : t p. ill . SS
H a. 111 . r,7 -I ii. ill . hi )
1 > a. ill . r.I > r p. ill . SS
10 ii. 111 . or. ( i | i , 111 . si
It II. ill . < IO 7 | > . ill . S-
1- ill . 7r. S | i , ill . 7S
! ) ii. ill . 7 > '
Notwithstanding predictions and repiedlc-
tlons thn weather continues In the same
monotonous rut. It Is elegant fall weather
and would bo hard to beat If It were not BO
diy The days are clear , with Just enough
hare to be genuinely autumnal The pre
diction for today is for colder weather , with
westerly winds.
Six hundred of these natives of Africa or-
rlved hc'o under contract a year ago , ragged
and naked , and they are now returning to
their homes lu better condition
The remainder of the patty have ab
sconded , 01 very likely have died it various
places along the mnal route of bcrlbcil
The canal companv officials express thcm-
"elvcc as being delighted to get lid ot the
African laborers They say iho latkr have
urovc'd themselves expensive and IndlffcTcnt
workeis.
VCCOIVriNG OK PVMINU PlJMl.
Iwxpciito of AilnilnlNti nllou Him lleeu
Veil Sllulit.
LONDON , Oct. 7 At the final meeting to
day of the committee of the Indian famine
fund Ft the Mansion house , the lord mavor.
Sir George iraudel Phillips announced that
the total subscriptions amounted to nr.l,300
Torcveiy pound collected 18s llM-d haJ been
remitted to India , demonstrating tlat the
expense of the admlnlstiation of tht * fund
has been mcst minute. There are still 1,500-
000 poisons receiving relief. However , the
necessity of relieving sufferers from the
famine Is rapidly decreasing and the relief
works In most of the provinces of India
will be closed In a few weeks , Tlio total of
subscriptions from Great Britain , the United
States , the British colonies and India , the
lord mayor concludedf amounted to nearly
1,500,000 , mid the total cost of the famine
was over 10,000,000.
The lord mayor , In reply-Ing to the address
of thanks of the secretary' of htato for
India , referred gratefully to the efforts of
Mrs Hauser of Chicago as hav lug been the
Initiator of the plan for sending large
quantities of clothing to the Ftiffercrs In
India fiom the famine and plague , adding
that the clothing so collected was distributed
with remarkable success.
RSCAIMJ OK SINOHITA CISMUOS.
AlaKcH Her AVuj Out of u SiaiilNli
I'rlsnn.
HAVANA , Oct. 7. The beautiful young
Cuban patriot , Senorltn Evnngellna Cosblo y
CIsneros , heroine of the sensational adven
ture with the Spanish governor of the Isle of
Pines , has escaped from the Oasa Do Rocl-
gadc ( Hoiiho of Scrapings" ) , wheio she. bad
been confined for several months on a chaigo
of conspiracy against the crown , of Spain
and of an attempt upon the life of Governor
Here ? , governor of the Isle ot Pines.
According 'to ' the statements of the Jailors
or attendants she made her escape some tlmo
last night. At this morning's roll call she
was inUsIng and when search was maJe for
her the attendants fouml that one of the
Iron bora of her loom bad been filed and bent
outward The bar could not have been
moved except by a great outlay of strength ,
and all the circumstances go to prove the
co-opcartlon of outsiders In her escape. Tbo
authorities have not yet secured any clew as
to the whereabouts of Scnorlta Gvangellna.
Several of the employes of the establishment
have been arrested ,
IHHI ITU TAICUS A VIOI.IJVr TUIIN.
Meml.erH of < lie Kfli'liNrntli Cull ISiifli
Other .NamCM.
VIENNA , Oct. 7. There was another up
roarious sitting of the Relchsrath today ,
caused by the debate over the measures to
bo taken lor the relief of the sufferers from
the present floods. Herr Schiammcl , social
democrat , violently attacked the Christian
socialists. The latter became violently In
censed nnd their houts of anger filled the
houbo. Many turbulent scenes erikucd be
tween the followers of Herr Schoencrci who
form a section of the German opposition , and
the Christian socialists. Aspersions were
hurled broadcast , and the president of the
Hoiifie , Dr. Kathrc-ln , being unable to te-
store order , left the building , but ho ulti
mately returned , pleaded for decorum and
the debate wan resumed.
rumAiJoi'iY'riii : ooi.u yri.
Majority for the Mramiri' In the
Cluiinlier Very Small.
LIMA , Peru , Oct , 7 After a discussion ,
which continued for several days , the Cham
ber of Deputies of Peru has adopted the
gold standard by a majority of ono vote.
The plan for a gold standard was sent to
the Chamber some tlmo ago , after It had
been approved by the president and the
cabinet The cabinet believed that thla was
the only possible solution of the financial
troubles which beset Peru oni every side
There was a long fight ovei the question In
the Chamtcr , thu government Hiipporters ar
raying themselves unanimously In favor of
the go'd ' standard. The narrow margin o (
their victory shows how persistently the
question was contested.
IIOI'IITS ' .srAIIH.lTl < > ! ' Itni'lMIMC.
Opinion of nnulanil'H OIII MI on tlio
[ fulled Stali-H.
LONDON , Oct. 7. Vanity Kolr says"The
queen e-mpicss was very much grieved at
the attitude of the United States olghtef-n
meciths ago , and It Is an open nccrct that her
majesty , who has made a closti study ot the
American people , holds almost pessimistic
vlewa In regard to the stability and future
of the republic. The quern B long conversa
tion with Sli Wilfrid Liurlcr. whin that
statesman was In 1'ugland , would nuke most
Intcrebtlng rcadlni ; . "
JaiiiCMtit Will Ilnler I'nlltlex.
LONDON. Oct. 7. V dispatch to the Dally
Mall from Capo Town says Dr Jamcwon , the
leader of the Transvaal raid , will neck a
seat In the Capa' ; agsecmbly at the next gen.
era ! election , Tlio chief plank In his plat
form will be "I'rderatlon for South Africa. "
VV Ifi- Murder and Suicide.
FLINT , Mich , Oct. -Lester J/ . Burton
murdered his wife fit 4 o'clork thin nfUrnoon
by drliii , ' three bullets Into her tody anil tin-
lulled the tragedy by shooting himself In
the head. '
HOLCOMBASASIIIELD
Bnrtloy's Bomlsmon Book to Hide Behind
Governor's Alleged Nogligoncoi
ASSERT THAT HE KNEW OF THE SHORTAGE
Silence in Pace of Knowledge- Taken as
Guaranteeing Eartloy's ' Honesty !
BOND SIGNED WITH THIS UNDERSTANDING
Frank Ransom Charges Governor BTolcomb
with Perpetrating a Fraud ,
DEFENSE CREATES A SURPRISE IN CCURT
Attorney N for lloiKlMiiicn Stiito ( tint
llolconili ICiuMi ot llitrlli'.t'N Short-
am1 , ami Oiler to Protc
I TinIf ANNortloii. i *
Govcrnnr Holcomb Is openly charged by
the bondsmen ot ex-Stato Treasurer Hartley
with knowing at the close nt Hartley's first
term of onico that he was at that tlmo n de
faulter to the extent of $150,000 , and with
conniving with the evstnlo treasurer In
keeping that fact eccrct from the people of
the state of Nebraska ,
This sensational liomlahell wnn exploded
In Judge I'owell'a court room jcstorday aft-
cinoon very shortly nftcr the bondsmen be-
tan their defense In the suit that has been
Instituted ugalnst thorn by the state to re
cover the amount ot Hartley's defalcation.
Upon It the ) rely In great measure to cscapo
liability for the half a million-dollar defal
cation tint Is charged up against the cx-
stulo treasurer.
The boudamon go fuithcr than to merely
piofer the chaigu They have Informed
Judge I'owcll that If the ) aio permitted to
do BO they will piovo It. They o\poct to do
this thiough a number of witnesses , and
paitlcularly George M Hartlctt who was
deputy state treanmer dm Ing both terms of
Dai tley ,
Aecoidtng to the statements made by tlio
couiibol in the cate , they arc icady to show-
that Hartlctt was present In a meeting be
tween Govorncr Holcomb and
ex-State Treas
urer Uartlcj , In which the former was given
Knowledge of the $150,000 shortage In the
olllcu.
The boudhinen Insist that the showing of
these facts IH Milllclcnt to release them for
all liability on the bond. They assert that
they signed the bond on the understanding
that the statutes of the state had been
obeyed , that Hartley's accounts at the and
of his first term bad boon examined by the
governor and that the governor had found
them coircct They Insist that If they had
known that Hartley had not been an honest
man thej never wpuld have gone on his bond
for his second tcim.
RANSOM CHARGES FRAUD.
, "A fraud was perpetrated on the miretlcs. "
cried Attorney Frank Itnnaom during the
ptocccJIngs of tlip afternoon. "That fraud
was perpetrated on the ono hand by the gov
ernor of the state of Nebraska , on the other
hand by Joseph S. Hartley. "
"Has the state of Nebiaska through Its
governor any mo\a \ right to lob us than nn
Individual has ? " demanded J. II. Ames of
Lincoln , one of the bondamcn. "When I was
aakrd to sign that bond I hesitated. I had
been for twelve wcokb on a sick bed. I con-
sldeied then that the governor hod examined
Baitley'B books. I thought him on honorable-
man and an attorney. Ho examined the
books and as ho said nothing I thought Hart
ley had squared up and was an honest man.
I signed. I was Induced to filgu through
fiaud. "
The bumlsmcn. have found obstacles to In
troducing their pi oof of the chaige. State
AttoniL } Smvth has objected to the evidence
on tha giounds that It cuts no figure In the
liability of the bondsmen whether an. ac
counting was hold between the governor -ted
the ox-statn treasurer at the end of the first
tcim. Ho objects on the groumto also thac
the neglect of duty on the part of a public
officer cannot release the bondsmen from
thcli responsibility on the bond and therefore -
fore make the state suffei Ho objects be
cause ho maintains that the shortage cannot
bo shown legally through ex-Deputy State
Treasurer Uartlett on the grounds that It
would be hearsay testimony and the bonds
men admit that they cannot show the short
age of the first term any other way.
Over these- objections the counsel on. the
opposing filde argued and wrangled tall of
yesterday aftornocci. When adjournment vva *
taken In the afternoon the discussion was not
concluded and will bo continued this morn-
Ing. In the meantime the state appears to
have the best of It. Judge Powell announced
that ho was Inclined to hold with It on all
thrco points , but stated that ho was "open
to conviction. " The matter has not > ct
reached the Jury In any form , the Jurors beIng -
Ing excluded while the arguments were go-
liy ; on ,
nnPCNSD BHGINS ITS CASC.
The ) scrRatlonnl charge was made early In
the afternoon. Immediately after court con
vened the sUUt bi ought Into court the can
celed bonds and several other ircorda which
were requhed to close their case. Attorney
General Smyth again rested The case of tbo
defendants was opct'fd by calling George HI.
Hartlett to the stand. Uaitlett was con
nected with the state treasurer' * ! ofllco from
1871 to January 7 , 1807 Between the years
IS70 and 18S2 ho served for two terms as
trcaruror. He was deputy state treasurer
during Haitlcy's two terms ,
"Wero you present at an accounting between -
tween Governor Holcomb and ex-Stato Treas
urer Hartley at the end of the lattcr's first
term of nlllco ? " was the first pertinent ques
tion propounded by General Covvln ,
The titaio made a vigorous objection to the
question and the coit sustained It on the
grounds that the question nsHUinul that au
accounting had hfcn had ,
"Do you know whether an accounting oc
curred between Governor Holcomb and ox-
Htate Treasurer Haitloy at the nnd of bla
fit it term of ullko ? " th'xn apUcd General
Co win
Attorney General Smyth again objected ,
advancing the three points ot law mentioned
above as reasons and once more the court
sustained the objection. General Cowln In
sisted that the defending counaol should ba
allowed to make a show ling of what they In
tended to prnvo through the evidence to
which the question was leading. Tbo jury
was excused In order to allow s tlio showing
to bo made , and never ramo back Into the
court room during the it'inatndcr of the aft
ernoon , i
The bombshell was sprung In this showing.
In It the defendants net out that they .ex
pected to prove that at thrt end of Dartjey'n
first term of office ho and Governor Holcomb
had a meeting for the purpose of allowing
the former to make an accounting of hid
oHlrn ; that at this meeting ex-State Troa-
uier Hartley presented a Htatemcnt acorfllnK
to which he should have had on hand
i)5bOG87C ! ) , the amount claimed by the slats
lie should have had on hrnd at the begin
ning of his iccond Icnn ; that an a matter of
fart Ilailley did not have thli sum on hand ,
but was about $350,000 short In big accounts ;
that tl'ls fact became then and there known
to Governor Holcomb ; that In the face of tbli
know lodge he did not require Hartley to
make * n accounting and Hartley did not
make an accounting ; that Deputy State
Treasurer Hartlett was prenuit at thin meet
ing and could tr tlf > of his own pcrconal
knowledge rcgaidlng It ,
"Do you expect to sliow thli uborUffo br
this witness ? " atkcd Judge Powell.
"Vrs , elr , " answeicd General Cowln. "II
U the only vray that wo can eliow It. "
"I cannot agree with you that you caa'l *