Omaha daily bee. (Omaha [Neb.]) 187?-1922, October 22, 1897, Page 3, Image 3
DSP S1 THIS CXM TTA DAILY 13E15 { Fill DAV , OCTOBER 22 , 181)7. ) T I'pTPMnn * tfintr LbhTCERl JUKI Finds it Impossible ! to Agree on a Verdict , TIHEE STAND OUT FOR AH ACQUITTAL titular Tlltlilll Cull * llirin llllo Court 'mil , on MI-INK tiifiirini-il Tin-re AVns i .No l'roiirct | ( if \ rci'iiii'ii ( . ' 1 IMMII. C1I1CAOO , Oct. 21. The gray light of a cool nntumn mornlnq ntiaggled through the big windows of Judge Tuthlll's court today as Aelolph L. Luetgert , the man who Inu bscn on trial on the charge ot murdering his wlfo and boiling her body In a Mil , heard from the foreman ot the twelve men nho have been considering his casp for the past Bitty-six hours , the words : "Wo are unable to agree upon n verdict " Imperturbable as cvrr , evincing no Joy at the words , the wonderful ucrvej ot tht > de fendant was with him to the end. Ho stood up , nnd with only 'i good-natured smile on Ills nwarthy face , khoolc hands with his son Arnold , his couns" ! nna business partner , William Charles and In less than live nilni'tcx was led back to Jill , the jury was dlnmls-icd and the grtat trial was over. The twelve * men worn divided on follow R : For conviction anil the death ponalt } , Hoick hold , Itoyd , Illbby , Muhonpy , Hohmlller , Hosmer , Shaw , rrniircn and Kowler. I'oi onmiltnl , Hiilev , llrlablrd nnd Harbor iinm ( > illntt > l ) after they vvero discharged the Jury requested to bo allowed to return te the room which has be.cn the HCCIIP of their dlscuisl n for so long This was granted and without permitting any one to get ueur tliLin , the Judge sent them to their room Aa the Jurors fllcl Into court nbout 10(0 ( this moiiilng they were .1 niggard looking set of men .Several of them we c collurless fttid the ojes of all of them weio swollen and red. The Juror.s took the eicatu they had occupies ! dally for over two months anel waited for the ueipearance oP the central llgure > In the rase nnd hli lawjers Judge Tutl ill at on the bench and ga/ed eiiletly | nt the wornoitt Jurors. The clock In the comt room ticked off five minutes and nothing omit 1 to disltirl ) the ( | Ule'tncss. Then the elonr to Judge Tuthlll's piivate > chamber openn-d nnd State's Attoinoj Deneen , e > \ - Jlldr" Vlnrenl and Attornej Phalen came out TIIPV took thnlr accustnnu-n seats nt the tali'o ' iver vvhirh thuj Lave- argued so many uliap eiue'otitins of law Soon Adnlpb L Lue gort walked Into court followed by a bailiff Smiling and conflde-nt , he gnispcd the ! hand of Wlllhin Chirle'n as ho gilne'd his H at , shook It and whl pe.red a fc\v words Intel his husliiesn partner's ea s , then Eat down. Judge Teithlll looked up nt IlallllY Cemner uml nodded The gtay-lulred cuatollan rapped Ehaiiily for order and com- nuuiilcel slleice UNADLH TO AOIinn. "OentlrtiH'n , I have called you Into court to eisk If ) iju have rraohud n verdict , " said .Ilielgc Tutlilll l < 'oreman Ili'Iekhold aiose nnd replied : "Your honor , we have not. " "Is the o any prosriect of jou reichlng one' " naked the court "I do t'ot think ? o In fact , fknow there Is not at least that Is my linn belief , " re sponded the foi emmi. "How do j-ou stand numerically , I mean , not Indlvldmlly' " iiierled | the court " \Vo stand nine for conviction to three for nceiuitlal , " rpplle-d the foreman. Wo liavo stood that way for thlity-clght bouts Thcic has not been n f > oltary ! change In the vote during the thlrtelght hours. In mj opinion there Is not. the least ptv-slblllt ) ot an agreement. " " \Vlut have > ou to say , Harbor ? " asked ihls honor. " \Vo can never reach a verdict , " replied the Juror. "Kvery point and phabe of the evidence l.as been minutely discussed and It Is ImpasslbTe for us to agree. " "What Is jour itnprcsslou , Juror rowle < r ? " con'.lnuei ! the court. . "The s-inio as the othera We cannot agree , " leplled Fowler. "Wo have ill&cuEscd the case thoroughly and we cannot reach n verdict. " Judge Tutlilll then called each ot the Jurors by name , and each responded In the same ) manner , expressing the view that It would bo Impossible for the jury to agiee Juror Harlev was the last Juror called. He arose nd replied firmly and with cm- phasl.s. "I do not believe we con agree upon , a verdict " "I will ask the counsel for the prisoner what they think of the situation , " said Judge Tutlilll. Kx-Judge Vincent aroto and remarked "Your honor , I do not think , from what I have Just listened to , tint there Is any possibility of a verdict being returned. " "I am of the very came opinion , " echoed 'Attorney ' Phalen. "Luetgert , how does It Impress jon ? " skeel Judge Tutlilll LHAVHS ALL WITH LUVYEKS The big fellow arose with a smile and bowed awkwardly te > the court , "I am Just ot the ) opinion of my lawyers , " said he. "What ! " exclaimed Judge Tuthlll , who lintln't caught the words of the pilboncr "I leave It to my attorncjs I believe Just as they do. I don't believe they could Jlntl a verdict , " responded Ltictgcrt In a high tone of voice. Then he sat down. "What do j-ou think , Jlr. Deneen ? " In quired the Judge , directing his gaze toward the state's attorney. "It appears ftom the consensus of opinion cxprcsscel by the ) Jurors that they cannot agree , " replied Mr Danccn. "I don't be- lluvei ( hey would be able to reach a verdict under the present expressed opinion of each of them that a verdict Is an Impossibility " "It scums so to the court. " Then turning toward the Jury the judge said slowly : ' "I ho couit has kept you heie an excep tionally long tlmo because , the evidence iwas to voluminous and of t > o much detail that I wished to glvo you full time to dibcur-a It In all Itfl aspects and to give jou tlmo to discuss the matter among yourselves to HCO If llu-ro would bo any possibility ot liarmonlzlng jour views. It is very much to be regretted that jou arc unable to agree. The case has been very long and pro tracted U Is a most Important caw , ono of the most Important cases that has over btcn tried In this country , and I was anx ious that the jury might come to some con clusion , but I am bound to accept the state ment of the jurors , made through jour foreman and Individually by jou , and the cxpicsMon of the defendant nnd his counsel nnd the state's attorney alrfo has received Bcrlous consideration by me. My own judg ment , Indeed , concurs with all , and I think It Is UEclrss to keep jou longer confined on this matter. I therefore enter an ordci for the dlKchnrge of this Jury The defend ant wilt be remanded. You will apply to the clerk for jour certiorates. " A sigh of relict went up nil over the court loom that thu end had at taut been reached. There WIIH n rush on thu part of the nuwspapcr men to get out of the tiulldlng and > > soon as the bailiffs could restore quiet Judge Tutlilll adjourned the court. The Jurom returned to their room and sent out vvorel to Judge ) Tuthlll that they desired that lie ) lemnln In court a fen mln- utc * , as they wlt > lu > d to submit a report , ffwenty minutes later the jurors filed back into court and Foreman Helckhold handed the ) following to Clerk Knnch , who , by order of the court , read It aloud- JITHOHS THANK THU COUUT. AVe , thi ) Jurors In the c.isu of thn people of the at ito of Illinois against A. I. I.uet- l > r < - 'VnilcLto , , ! , he l'f ldlng Judge lion ICIclmid h 'lulhlll. and thu brllllint n iltu's attorney , Clmrl.n S n. > neen , and hl < t no Jena brilliant assistant , William \lcivvin : , as will UH thu iittorneiM for the i2efone our iiion' henrtfolt tlunik * for the verj klnel treatment ' o have rtoc-lvvil ut their Immlti. nnd wo elo not hvhltatu to Bt.ite that , vvero U not for the vvuy In which they have iit- leiulid to our personal comfort. n \ \ vna \ \ lo pur sanltiiry roiullilon , the Ii.inlfclilp voultt huvo lieen veiy meat. AH to the trl.il , wo wl ) i to mate that while the t'vldence was suci tb.it wo were unable to nureo upon u virdlct. one thing we illel ugri'e nbout , and that In that the olrcum- ( .tiincvx 'weru buch th.it the police hail iimpiu reason to piosccutu on the tthnvvlng with out hcnrliiK the dPteime , and wo coinmenil them for havlntr done their duty In this cave. Tlio juroru were evidently of the opinion bat this statement was enough to glvo the jmbllo at tilts tlmo and declining to bo lu- torvlovveej passed through the rear room of < ou court room uid took the frelsht ele- ! a'ur tu Stales Attnrnoy Dcnecn's room , Hcn iluy wore R'vm their vouchers for the lon < rrrvlce. "Yes lr , we will try him again , " Raid Stvo's Utorney lenecn , when asked as to thu proVablllly of Luetgert bcltig brought befoiu ( ho court n second time. "When we will get at It , however , Is something I can not It'll jou now Wo have had nine weeks of thlH nnd 1 must have a couple of weeks nst After that we will look the ground over nnd get our evidence together The case stands now with tin UK though there had never been a trial. A second trlnl has no hearing whatever on the case just closed. " MOTION KOIt UHLKASi : OX HAIL. "Will jou oppose a motion to admit Luet gert to ball' " Mr. Dencen was asked. "That Is something I cannot answer It Is Immature. I have not considered It. " There will undoubtedly bo a motion made to admit the prisoner to ball , and It Is thought In a day or two. Such procedure ma ) bo taken In Judge Tuthlll's court on a motion by the prisoner's counsel to admit him to Imll , or by habeas corpus proceedings In any court of record When the order of Judge Tuthlll discharg ing the Jury was made LUctgcrt stood Up with a Millie on his face and nodjccl to the Jurors Ho was cool and collected. The ac tion of thu Jury verified nn olt-rcpcateil pre diction of the prisoner In the past twenty- four hourH. William CInrlcs. Arnold Luet- gert , counsel and other friends crowded around him anel shook bin extended hands Luetgcrt'o cj-ca sparkled , but lip did not toy much IA great weight of anxiety had been lifted from his mind and the sudden reaction from doubt to certainty as to the Jury's po- H'Ion ! filled him with emotion A bailiff tapped the prisoner on the shoulder anel mo tioned him to follow. Luetgert walked away with a degree ot activity not seen In his mode of locomotion before. Ho walked across the brldgo to his cell In the jail with a light step and In n happ ) frame of mind despite the fact that he remarked to the Jail guard "They ought to have acquitted mo. Their action rhovvcd doubt , and the court told them I was entitled to all doubt" Kor the first time ! > lnce the beginning of this great trial not a woman was In the court room when the Jury was discharged. There was no demonstration of approval or disap proval An army ot newspaper men. art's's , court attaches , lavvjers and a limited num ber ot spectators saw the final close of one ot the greatest criminal trials In history , one which stands alone as having been fought out solely and purely on circumstantial evi dence Not n line of direct evidence wah heard during the entire trial The verdict was not a surnrlse to those nho have watched the struggle In the Jurj room during the past three elaj" Kop more than tw-pnty-fotir hours prior to the dlselm go of the jury It seemed a foregone conclusion Out n disagreement would be the resil' . At 1 o'clock this nfte'rnoon counsel for Luelgert gave State's Attornej Deneen no- tlco that thcj would tome row morning at 10 o'clock made formal ni > pllcatlon befor Iildgo Tuthlll for the admission of the prisoner to ball Judge Tuthlll will be asked to fit the amount of ball at $11,000 , but Luetgert will en'pr court prepaied to furnish S20.0 < 10 If ncces nry State's Attor ney Ocnocn WIH not prepared to sav whether or not ho would resist the application. "Tho ndmlailon of a prisoner to ball Is discrctlon'iry with the court , " he said "After the application Is made In court I may uxpre s mv views upon the matter If the eonit deslics to hear them. " CAUSIJS OF niSAGIinRMENT. When the jurais had received theli vouc'i- crs the > were taken down to the bisement In an elevator one' left the criminal court building Inwny of a rear entrance to the jail jaul The Jurors left In squads of four They did this to avoid the crowd that had collected In front of the criminal court build ing and also to got away from icportors Hut the lattci gentlemen were full ) posted on exits and entrances to the big building and met the jurors as they emerged fiom the Jail van ! . It was reluctantly admitted by soveni of them tint the disagreement was brought about by a wide difference of o.ilnlon icgardlng the rings found in the vat , the testimony of Cmma and Gnttlleba Sclilmpko , and the testimony of Kenosha witnesses , who positively testified that they saw Mrs , Louisa Luetgert alive In the Wisconsin town on May 3 , 1 and G. Juror Harlov did not believe the rings found In the middle vat of Luct- gcrt's factory were Mrs Luetgert's rlngb. Holablrd was inclined to believe the btory of the Kenosha witnesses , despite the Impeach ing evidence introduced , and Haiber would not believe the strong evidence given by the Sclilmpko sisters. These were considered the sliong features ot the trial b ) the juro s. The other nine jurors reached an agree ment on the evidence shoitly nftei noon Tuesday , and voted together solidly from th.it time to the close Altogether over thhty ballots vvero taken , It Is said , The Jurors vvero elated to again walk forth In the fresh air , free men , nfter nearly nine wceko of wearisome confinement In a con stantly crowded court room. They shook hands with each other as they separated at the Grand hotel , whither they went In a body to procure some personal effects they had left In their rooms Tor his services each of the Jurors drew $110. During the eight weeks and five dajB1 service each of the jurors had made four demands for money , and today checks foi $36 each were handed them In final pajment Ex-Judge Vincent waj rather pleased than otherwise over the verdict , though he de clared that his client was a perfectly Inno cent man and should have been acquitted. Hut the fact that nluo ot the Jurors differed with him seemed to Impicss Luetgert s chief counsel with the belief that the verdict was not so bid after all Tomorrow ex-Judge Vincent will urge the motion asking that Luetgert be admitted to ball. HISTOIIY OF THE CASE. The Luetgert trial has been ono of the' most noted cases In criminal history Adolph Louis Luetgert , who had been a ' wealthy manufacturer of sausage and had , recently failed In business , losing much of his fortune was nrrcutcd May 17 , charged with the murder of his wife , Louise Mrs. I Luetgert disappeared from her North Side homo .May 1 , but the fact was not reported tei the police until her brother started an Investigation a week later To the theory of the prosecution the mur der of Mrs Luctgert by her husband WBH a horrlblo one It wan asserted by the state that the suiisagcmaker , having tired of his wife and desiring to mairy Mrs. Christine reldt , a wealthy widow , had enticed the mlbslng woman to the basement of his fac tory on the night of May 1 , and then , after a terrible struggle , kll'ed her with a club , After the murder according to the prosecu tion , Luctgert placed tlio body of his wife In ono of the huge eausjgc vats with a quantity of coimtlc potash and boiled the body until It had almost entirely d'Qjp- pelted , sitting by the vat throughout the night , iilono and on guard Soon after the po'lce took charge of the case the Eausdge vat wan drained anil keveial bones , two i rings and some corset steels were found. Upon this evidence the state based Its case I Over the Identification of the bones a ) ' desperate battle of expert opinion was waged , the Identifications ranging all the way from thu statement that the bnnes were : hosu of a woman about Mrs Luetgert's sl/.o to the assertion that they were plainly all that was left of a pet dog of the Lni-t- gtrt family Tlio expert testimony alone ccst the state $5,000 an < l the entire cost of the trial to the prosecution Is estimated between $16,000 and $20,000. Luotgert's defense wus that his wife had left homt > while temporarily Insane. The \ite of the caustic potash tn the sausage vat was explained na nn experiment In ? oap- mamng and much testimony was Introduced to show- that the rings found had never been worn by Jlrs. Luctgert , and that the ho ? s wcro not human , . . , . , The prosecution was conducted by State's Attorney Dencen and Assistant Stale's At torney McEwan , and the defendant was rep resented by ex-Judge Vincent and Andrew Phalen The trlnl , vvhirh consumed eight weeks , was marked by Intense Interest and dramatic Incidents , the court room being packed dally to the standing room limit , vvs HI : DID MIT Kiti , ms wirn. IittrtKcrl Co in r * ( o tlio Trout with nn .llllilnt II. CHICAGO. Oct 21 The Associated press tonight obtained the one great feature mls - Ing In the famous Luetgert trial the sworn testimony of the defendant himself , Adolph L Luctgert. Standing tonight tn the gloomy jail ad joining the grim-looking gray stone court building , In which his remarkable trial had at last been brought to a finish , the burly sausage manufacturer clnppcd the climax of the extraordinary series of events which began with his sensational bankruptcy and the alleged frightful diabolism ot bc'.llng his wlfo to death at midnight In n vat In his factor ) cellar Tonight , closely following the final result of the trial which has attracted worldwide attention , Luetgcrt made under oath a state ment for the Associated pi ess concerning the fearful crime chat god against him , the first ovvorn statement > ct made by him , and the first statement of Mich kind ever known In newspaper anna's. The nfllelivlt was put In writing , In duo legal form and la certified to by a notary. I Ex-Juelgo Wtlllim A. Vincent , the leading J counsel for the defendant , the man to whose brains and skill and energy Luctgert bsjond doubt owes hla great legal victor- , gave con sent to the aflldavlt being mado. The scene In the Jail when Luetgert took the oath was ns dramatic as the clicum- stnnces were unique , in the dimly lighted Jail corridor , Luetgcrt stindlng erect and grasping the Iron bars that still kept him from liberty , lifted hlh right bind and solemnly assented as the notary adminis tered the binding form. The nlHelavlt cxp'lcltly elerlnrrn Luetgert's Innocence. The document In full Is as follows lows- To tlio public- The result of my trl-il endIng - Ing today Is a victory for me , because of the disagreement of the Jury , but I am very much disappointed and very muci surprised that the Jury did not bring In .1 verdict of not guilty. I did not kill mv wife and do nnt a.tnow where she Is , luu I am sure that It Is emlv 11 question of timi- until "he comes home I did not go upon the witness stand bee HIM' mv liwyor , Ju ge Vincent , was bit terly opposeel to mv doing bo , and bceuisc he .ulvl eil me It vv.is not nere s\ry I am grateful for the tremendous chiinge Innib . - lie uentimcnt In m ) feivor and time will demonstrate that I am not onlv nn inno cent , but n very grlpvoii lv vvionaed in in. ADOLPH L LTinTGKHT Subscribed , aelworn to before me th's ' ilst day of Oe-tolieT. A D , JMT. M. P. SULLIVAN , Notary Public. I'rosvoiitlons lor IVrjm-t. CHICAGO , Oct. 21 H Is eiultc possible that some prosecutions for perjury will re sult from the Luctgert case. While the stito's .attorney refused to afflrm or denj this , It Is given on first class authority tint the testimony of two ot the principal wlt- nc'SEes for the defense will be laid before the grand jury for an Investigation It mnj be that more than two people will be In cluded In the list that will be carried to the grand Jury , but It Is practically settled that Indictment * will be nfckcel for against two probably before the Luctgert case can be reached for trill again The two wltnebscB ngalust whom It Is said Indictments will be asked are William Charles , Luetgert's biib- Incss partner , and Mary Slemniering , the domestic In the Luetgert household. IUN , i\.u iiin TV \ \ iTx \ < -clilfiit on UKI.iiuiicli of Ilif llnttlf- Hlllll 'IVxtlM. BOSTON , Oct. 21. All explosion on the launch of the battleship Texas occurred to night Just as the launch reached the side of the &hip , having towed down the bhlp's boats , each full of men , who were engaged In the naval parade. On the launch at the time were thlrt-flvo men , including Llcutcnar.t Commander Delehanty , Lieutenant Bristol , Ensign Wadhams and Dr. W. U. Dubosc , the ship's surgeon. The biuoke stack , the top of the boiler and the part of the canopy over the boiler were blown Into the air and what was left of the launch caught lire from the sheet of flame tint followed the bursting of the boiler , but the fire had little to burri The men In the nit with the boiler , John Phillips , an oiler , and John Fisher , a coil Phaser , were thrown against the wooden p u-- titlon Fisher was baellj Injured tnternallj. Phillips escaped with cevere bruises The coxswain , Tnomas Sullivan , was thrown agilnbt the side of the launch , but only bruised , anl the sailor with him. was completely blacked by soot , but unhurt. lr Duboso hail two front teeth knocked out Lieutenant Delehanty and Ensign Wadhams o.ncrged from the explosion with their faces and hands bruised and burned. Otherwise they were uninjured Wnri'Ii mis * * mo n i'niiftT. NASHVILLE , Tenn. , Oct. 21 The Ameri can Warehousemen's association met In convention again toelav. Probldent II. I ) Campbell of New York presldcil A com mittee was appointed to consider the np- pioval of a pooling bill for r.illioads and amendments to the Interstate Comment commission. A comm ttee was alto ap- i. t d to icrommcnd to congress that a ilepnrtTicnt of commerce lie CHtub'.lsheel , c o'hrd with poweis to carry out Its de- 'iio- | \ It was eleclelee ] to continue the of- Hi. of permanent tecret.irv , with headquar ter * In New York , and Hi it all eff r sh .u el be in.tile to abolish the piuetire of fico storage by railroads. Olllcers will bo elected tomonovv , fli-N. Mc > CIINOII ArilN. . SAN FHANCISro , Get 21 Among the passengers who illsemb.uked from the A Li med i upon Its arrival from Syelncy vli Hon olulu todiy weif Mil. Itobert Louis Steven , son anil her daughter. Mrs. iMbe-lla Strong , from Apia , S imo.i Although .Mrs. Stcve > nson has uten away from the United States forever over a year. Him Ih heio on u visit only anil Intends to return to Samoa. She expressed icftrc tli it Mie arrived too Into to putlcl- patt * in the ceremony ot unveiling of t e monument ercc- eel In Portnmomh Snunro In this city In memory of her hmb in J , which took place about a week ngo. I'ViliTJl I Ion oT \ \ OIIIMII'K ClultN , NASHVILLK , Tenn. , Get , 21 T4e i-econd d.i > 'n He snti | of the General Fede'ratlon of Woman'H ( Mubs was largely attended. Mrs E M Soiulollo o' Jacksonville , Da. , re-id u paper on "The S oiy of a IJtiiinonel , " Mrs. Otlley of Atlanta , ( Ji. , ( lUciisgc.il "Unlvtr- Blty IXlenslon as Applied to Women's Clubs , " Mrx C II Walter of Springne'el O. Bpoko of "Traveling Libraries " nnd a dis cussion of papers was led by lllsa Crozler of Knoxville , Tenn CoeN liiNiiiK' ( ) vtr riii-lNlIiin .Sclcner , CHICAGO. Oct. 21. Leo I ) . Well , well known for his Improvements In photography and for his work In Illustrating nmgazlno ar- tlclea , .has became insane. Brooding over C'lilstlan science U slid to have unhinged hks mind. Pros Rhnomim Is hu.sy all tn ! > time ( inpiie Kln new fcliiM's Ho unpacked onii yustHilay Hint we'vo milled to our al ready lait'u line of nilssi'H' wet \veatlnr shoeiimdu of the ln-nt tljrer Mil with the heavy extension Miles In the now coin toef > widths H to 1C a shoe we've juiced at the jmjiuhu * pi lee of ifl.riO \\V don't belli.us Ihote's a shoe sold on this eat Hi for djuuta the price that can fcho\v inoto value mow style and moio lliil.-h than this tlier kid shou at , 1..M > It's a shoe that we reeoiuiatnd nnd mur- auten as thu Ideal shou for mlsse.s' winter and wet weather wear It will cost you nothing to look at It and wo'd he pleased to hnvo you come in. Drexel Shoe Co. , 1410 PAKNAM STUKKT New fall catalogue now ready ; mailed for tlio HOMAGE TO A GOOD OLD SHIP r < Undo Snm Pays Tribute if ] a Bonownccl Mnn-of-Wnr.U - - . CONSTITUTION'S ' HUNDREDTH BIRTHDAY * " " " " " - \ rarnilo of Marine * tinil Vrtoratix nnil lU > c < < | il < i in llonrit 'joiil Iron. ulili'n" nxt-rt-lNC'N nt Ulil South Clinrcli , 1 .n noSTOX , Oct. 21. Unto aiyl weather con ditions Interfered with tlm itwt-of-eloor ex ercises today , marking the centennial ot the launching of the United States frigate Con stitution. Main fell throughout the forenoon , KlvltiR a badragslcd appearance to the dec orations In honor of the occasion , l eng before - fore the hour assigned for the exercises to begin the historic old South church was filled to Us utmost capacity. Among those present In the church were many Daughters of the American Revolu tion , whoso organization had a prominent part In bringing nbout this celebration , members of the state militia , representa tive * United Slates government ofllclals and officials of foreign countries , majors of Now HnglaiiJ cities , members of congress , of the legislatures and the governor's coun cil , and the oniccrs of the North Atlantic snuadron. Governor . W-.Icott acted ns presiding - siding officer and delivered the opening ad dress , referring In eulogistic terms to the vcascl in honor of which the anniversary was held anil the patriotism which marked her history. HB.MAHKS BY IIOOSKVEI-T. Governor \Volcott Introduced Theodore Herscvclt , assistant secretary of the mvy wh , apoko I , , part as foUos : . .Tho nioment' of the ' Constitution's launching was the be ginning of our navj ns we know It today. It wu fifteen jcars after the hunching of the ronstltutlon and Its sister ships before that proud Hag which menaced us wja humbled , and during that nrtuen years there "ere many people who objected to Oio maintenance of a. navy. It was because wu had the Constitution and Its sister shins that we came out of the war with credit and It Is dueto a policy contrary to that which prompted the Introduction of such vessels that In recent > eirs biought us to danger < * . { the gravest national dishonor. " At this point. Major William U. Garliml of IJohton who was a powder boy on boml | the Constitution In Ito famous battle with the Giioirlcie was presented to the aud ience , anl Governor Wolcott himself led In three cheers for thp veteran. Major Qulncy of llostoii delivered a short address I'rof JV Churchill e > f Andover read Oliver Wcndall Holmes' poem , "Old Ironsides" Thin Major Garland addressed the audience briefly SKN'ATOIl LODGE SPHVKS. The historic address of the day was then dellveii'd by Scnatoi Ilcury Cabot Lodge. Senator Lo.lgo. after dwelling at borne length ou the history and victories cf the gloiIotB old ship. spoUc particularly of the a > In which our small hut well-equipped navy of that day morot thuu retrieved on the ; water the rcvertcs which , a tardy admin istration and a halting .foreign policy had invited on the land. IIu said I-iif-hiiid nnd Kurope ict-Uvel valuable In structions from the war of which tills li.it- teieel old ship Is the slqn uhil " .vmliU. 'ml we AiiiiMlcaiuvvcio tauuht u Krc.it e'cal moiu.Velinc leirned that vveilt ill Cor p- tcsaness meant war , iinel Hli jiiK-armeel rcndlnc"s meant peMeo , , hqitoi nne ] quiet It If well to notes tliut , the ; e * , 'on e > f vvlto piepatjllon , taiiHht by the vvm of 1M2 and . .ilvv.ovvolth re > niPinl > eHn ? , Ib ivcn more important now th.m tht'n. for todiyvarj are fought In a few montlis.i vvhllc It takes > enrs to bulldi modern ships , uul c.ist rilled guns Weakness unel fi-nr and dcfenseless- nes- menu war anel ellslionoUeiellno s , preparation anel coinage nruun honor anel piace. \V-nere we were unprrparcel In 1S12 , we suffer , id , where we ; vveie urep.ired vve > pros- pereel and \tmllc itcel OUL natioij.il cxlsleneic. In the naval parade the marines and sailors from the vessels from the North Atlantic s < ] inelron In port , comprising the Massachu setts , New York , Texas , Indiana and Urook- Ijn , were Jn line , accompanied by the Massa chusetts naval pa-aele. the Naval Veterans' association and survivors of the Eighth Massachusetts volunteers The parade was under the direction of riilgadier General L. J. Carter , Inspector general of Massachusetts , chief nurbhal It started from the foot of State street at 2 o'clock On reaching Constitution vvlnrf a passing salute was fired At the Charles ton navy yard Governor Wolcott. with his staff and Invited guests , boarded the famous old frigate , where n public reception was hold The wharves were bedecked with bunting , and tonight the Massachusetts and Now York will be Illuminated. HISTORICAL. Ono hundred jcars ago the United States frigate Constitution was launched at Uos- ton. from the shipbuilding yard of Claghorn Dentley. from the very beginning it was the pride of our young and struggling serv ice , nnd when the consummate victories ot the war of 1812 mailo It an undying tradition It achieved , and still holds , the llrst place In the affections of the American people. Like Its sister ships , It as provided because of the forajs made upon our citizens and trade by the ruthless rovers of the llarbary coast , and Its earliest war service of any character wan before the crenelated walls of Tripoli. In 1704 congress determined to stop the depredations of these Moorish rovers and authorized the construction or purchase of six frigates. These were designed by Joshua Humphries of Philadelphia , and thflr con struction was assigned to builders located at different ports on the seaboard , The Con stellation , still In the service , was the first to be put alloat , , thus antedating br a few montlm the Constitution which stuck on the nays In the earliest nttrmpls to launch U They were model ships In every way , nnd among other things vvero the first ve'scls to carry on one deck the metal formerly dis tributed between two decks "In the war of 1812 , " writes Lieutenant fommimlor J D Jerrold Kelley , U S. N In the first vol ume of his "History of Our N vv , " Just pub. lldhed , "the bittery ot the Constitution , though n fine one , was handled no effectively nnd upon such novel but true principles that the > Hrltlsh , whom It whipped with unvary ing nnd delightful regularity , claimed U was not n 'saucy frigate. ' as the song called It , but a line ot battleship. Hut this Is sheer non.'cnse , for It was a stout frigate , nothing n-ore , nnd litre Is the- list of the ordnance that was BO well directed is to cause this Idle foolishness of complaint The gun or second fighting deck was pierced for thirty twentfoui pounders , ami on the spar or tipper ( led ! It cnirlcd twenty-four thlrlj-two nnuniler carronaelcs and t o bow chasers sacred In all naval yarns as the battle open ers. "Thcse > Iwcntv-four-pounders wore long , thick barreled pieces and had what In those davs of hard knocks and close quarters was called great range of fire The earronftdis ( socalled after Carron , Scotland , where these smashers vvero llrst luillt ) wore short , light guns , which sent a lunvj shot .1 hort distance with n crushing nnd not with n piercing effect. This battery of smooth bore , murzle-loadlng cast Iron pieces throv.- total weight ot 1 of.O pounds , or 750 pounds In a broieUlde > , and this was deemed enormous for the day and clnss The modern gun of 16.S1 Inches calllbe-r weighs 110 tons and Hies a projectile of 1,723 pounds , which Is Im pelled by SCO pounds of po\vde'r and will pierce thlrtj'-four Inches of Iron nt the muz zle One medium modern steel breech-load ing rlllo Is equal to six of the old smooth bores , without considering Its greitcr pcne- tiutliig and dc'tnictlve power , and ships one- half larger thin the Constitution , cirry erevs one-half less and ate more efllrli < iit as 'Ilia ejes ot tile fleet1 by the lelalUm that steam beam to nail. " PtimiLE'S FLAGSHIP. War having finally been declared upon the shibboleth that thcie were "millions for ele- fcnss , but not one cent for tribute , " the Con stitution was selected as the flagship t Commodore I'rchle In the second expedition to the Barbary coast. After much trying work this tMiiadion. composed ot one filg-Uo , three brigs , three schooners , six gunboats ami two bomb vessels , arrived off Tripoli on July 25 , 1804. He'ween August B and Scp- tembei 3 ( Ho attacks were mide upon the town , defended by more than 100 guns , many gunboats and auxlllarj gallcjs anel bomb vessels The town was never lodueed , but such suhstantlil damage wis Inflicted that the subsequent satlsfactorj peace was ma-lo possible. When thu war ot 1S12 was forced upon us the Cors'ltutlon was In I'uropp. but It le- turned i-pcedlly , was rctltte.l .it Annapolis and tent to gca on Inly 2. While ofT the Long Island coast , Captain Hull tommind- Ing , It wao pursued by a heavy snuaelron ot five ships , engaged In the blockade of New York anel contiguous ports. The wind was light and Hull had to icsort to nnn > sailor drvlcis He cut and hacked the cibln windows dews and mounted two twentj-fcur-pounders and on the upper deck he transported aft , ns stern chasers , two long cigliteen-pound- 01 * , . His bents wore hoisted out and bent to tow the bhlp , and as the weather v\na as calm as a mill ponel , he forged ahead slowly But the enemy pursucel the same tactics , and on Ing to their larger force , which they concentrated on the leading ship , began to ovcihaul the Intrepid Yankee When night fell Hull found himself on soundings so he Pent a boat a long waj ahead carrjlng a light hnttscr b ° nt to a kcelge or sirall an chor This was dropped overboard and then all hanelb manned the line and started the hhlp a * a fair speed ahead When abreast or up to the kcdge It was trlppcel atvl an other one sent out , and under like tactics , 1'aule.d upon The result was that the Con- btltutlon outfooted Its enemies and In the squall which followed at the end of the sittwo hours' chasp escaped On tl.e 19th of August In the same year Hull fell In with the Gucrrlsrc , Captain Dacrcs At 5 p ra. the Englishman com menced the fight by opening on the Consti tution at long range ; at 7 p m he Mirrii - dered , though the actual lighting time was only 30 minutes. The American lost seven killed and had seven wounded ; the British seventy-nine killed and disabled. The pro fessional reputation of Dacres did not suffer bj this defeat , for ho had fought his chip so gallantly that In his statement licfore the court he was able to declare the Gucrriere had received no less than thirty shots as low- as the. "fifth sheet of copper below the bends. This showed the gunnery he had to cope w Ith nnd the precision and coolness of his adversarj' . All Americans were greatly elated by this ennobling victory , nnd public erthhslasm was excited to the highest pitch. Hull's welcome homo was an uprising of the people , and his skill was made the theme of ballad and story. CAPTURES THE JAVA. Ilainbrldge succeeded Hull in command and on the 20th of December , while off the coast of Hra/ll. fought and captured the BrltlMi frigate Java , Captain Lambert com manding. The Constitution went through without the less of a hpar , but the Java had her three masts shot awaj , lost licr bow sprit near the cap and had her hull badly Injured As Hrazll was an unfriendly power , Dalnbrldge transferred the living to the Con stitution and blew up the Java at the bcenc of action. Captain Charles Stewart relieved Captain nalnbridge , and , after many vexatious de- lajs put to sea. In the winter ot 1814 In the West Indies ho captured the Pictnn , fourteen guns , and a privateer It was con voying , and later chased La Pique , which held Its lead until nightfall , and then took a lively chance through the Motia Passage and escaped. After being chaseJ Into Mar- blchead by the Juno and La Njniphe he escaped to Boston , refitted and went to sea. Off Lisbon he narrowly escaped capture , ran for the open , and on February 20. 181G , fought and captured In a night battle the C > -ane and the Levant. This was a memo rable action , and put our navy , for bklil and seamanship , In the forefront. Stewart carried his prizes Into Porto Prja , In the Cape Verd Islands , but two You can carry in the- wood on your at ins lint you'll nt'cel a coal lied for thu coal a rattlliiK KOOI ! coal hod can l c had ln > n for Uk1 We've UIIMM higher prlri'tl but they grow lii't e > r > > thei i icu KUHVS IiiiKt'i' A now joint of .Uovo iilpu will only cost you DC a el.uniic : ' comple'lo for it only Kc ) iioUcr.s anKOMI an * lid lifoti-s vvlilk' lln > Miovi'ls are' only : > u Wo'vc a Inrjjt' steiclc of ( lower ] iot in all sIxi'v-iHlccil atie1 fie < ! ( . ' " ( Se1 and 10f- Our .lowul cook Me > v < 's slce-l VIIIIKPH and b.ise > burners aic neit so cheap l > nt they're tlio cheapest lit l inndp jriiiir- untoed Move on oailh totl.iy regular fuel h.ivcix , Um AVit would iy > to Hliow you wherein they ate Miiu'ijor to all utlieit > . A. C. HUILDF.US' IIAUPW RH HIJRC. 1514FarunifiSt. ? At last we have lu , Uc | new Jn cut chihs Almost every pirn' we show Is of new de.slijn some ( If- the inoit e\iuis- Ito pieces ever shown In Omaha We'll have this entire nevv"Ht tck opuned and ready for your Inspeqllo'n , Friday morn. In ? , ' You can well atToi'd the tlmo for Inspt'ctbiK this beautiful and spaikllni ; cut fflass display and we cordially in- vlto jon to do so We enwiave and print all our own plate and embusM-d woik 100 cards with copper plate for ! ? l..r 0 100 cards printed irom > onr own jilato for $1.00 Wedding staHoncry viiKraveil In the late-jt urtlbtlu efrcctslO for the llrst lCK-5..r ! { 0 per 1K ( ) after Hint Your mall order will receive our most careful and piompt attention. C ; S. RAYMOND CO. , Jewelers , 15th and Donglns Sta. One of our box cut Covert Cloth Over coats at 56,00 to wear now , will prevent you from catching1 cold these frosty morn ings and cool evenings , They arc styl ish , they are durable , being elegantly made of light clastic wool , well lined , with satin inside sleeves , strapped seams , and altogether they arc hard to distin guish from the made-to-order v garment $6.00 while they last. Better let us have that amount in piciercncc to the doctor. Trustworthy Clothing1 Dealers , Corner Ponrteeiitli aucl Douglas Streets. CLOTHING CATALOGUES FREE. dajs later he saw- the Leander the New castle and the Acasta , English frigates , standing for the hirbor. The Americans nit tlieli cibles anel stood out , hotly pursunl , but the Levant was forced to turn back and was captured , In defiance of law , by the Hnglish ships The Constitution did much useful and valorous service after thl"- , but In more peaceful vvavs A tempest In i teapot was In owed in 1S34 bj the cutting off of Jack son's head from the figure nt tl\o bow. In- de-Hl , this sllh net e\cltcd a violent political dlstuibance but In the etui It was found to have been the foolish net of a sailor who objected te > a landlubber as the figurehead of our noblest ship. Subseiiucntlj the old Itonsldes. as it wai ? affectionately called , was assigned n& a schoolshtp for the mldbhlp- nien at Annapolis and nt Newport , and after thin did a little crulblng ab a training ship for U ) pi l tlces and ai one of the vessels' isi'l ned to transport stores to Havio. Tor many > i srs It wufc laid up nt Porbtmoulh jaid , but In Septcmbei It was towed to llos ton. CLM , si IT'S xcviNvr unrioits. Hippie mill Mil ) hew mill 'I'lu-li * ItiMiiln- nu u Vrr ( "illicit lei AIOIIIIt. Pinillin , S U , Oct. 21. ( Special Tele gram ) This afternoon summonses were served on ox-\udltor Hippie and Ills bonds men In two civil units of 15.010 each for fees secured from examinations of Insurance companies eluilng each of his terms ns state auditor , and u slmll.ii t.uR ha& been com merced igalnst Auditor Mahew for S2 000 on the bame grounds The lllpp'o ' bondsmen for the first term me n. r Hcsincr , Hnteli- IPSOII county ; A. M. Kline , Hutchlnson county ; Prank A. Morris , Trlpp ; John S. Chamber , Olivet ; C. C Ilenuett and H. A. Cummins. Pierre , and n. K. Hosmer. The Mnyhovv bondsmen arc : J T. Kcan , Woon- socket ; W. II. Williams , Michael , M. Meier and IN. . Klrkpatrlck of Sanborn county anel C. C. Bennett and II. A. Cummins of I Pierre. The civil cases are being pushed bj Goveinor Leo who has cmplojcd the law firm of Shunk it Hughes to push these cahes as well as assist iu the prosecution of the criminal cises. The theory which will be advanced by the state Is that all fees of any class which come to the state must come through tlie state treaSurj , and that the only me.uis of securing the same must be on an auditor s warrant. The warrants for Hippie , MJjhevv and Anderson ha\e been Issued by City Jus tice March on complaint of Morris laylor , public examiner , and It Is not certain that moro than ono of them will be served to night , but all three maj be. Hivns TUT/ TIP 7n > * iiousns. lllucU IllllH CnHlfiiiaii s"i > " Tin- * Will Itnpldlj IiitniiM1" Vnliir. LCAI ) . S. D , Oct. 21. ( Sppcisl ) "Do > ou know bow to make sure money In the next two years' " asked a well posted cattleman. "Buy a bunch ot good horses. Horses have touched a lower price than will again bo i cached for many years Ono year ago range horses could not bo sold at any price. At the present time the price Is not nigh , it is true but there Is a demand and It la growing. Last jear many bunches of horses vvero taken from the Illack Hills ranges to tlio eastern part ot the atate. Into Iowa and Minnesota 1'lfty per cent of Mich horses were returned to the ranges unsold IJurin- , have been the present year many bunches _ returned , been taken out , but none have they having found a market of some kind , well nat- and the icturning fidlera are very Hills | cat tie- that the Mack : predict felled. I theli men , who have been cleaning up all of cattle thinking to buy again on a lower .market , will llnel no lower market. If they want to continue in the stock buslncra they will dei well to buy some horses and buy them now. " 1IOM2Y TO l'\\ OI 'P MOIt'lC VCKS. Itlncl. IllllH rnennTN liiHlsl oil CcMlnir Kill or 'I holtDelI - . . LI5AD , S I ) . . Oet. ill ( Special ) It Is a common thing now to bee farmers In the vallej-h of the Illack Hills paying up their meiitgages and notes. A couveisitlon wns recently heaid vvheio a banUei was urging n farmer ito continue a loan of JGOO on hla farm , but the mortgage was paid and the farmer remarked that the money had nil come from the puicecd.i of four acres ot potatoes The largest cr ps have been raised In the villejs to the north of the Hills The jlcld of ccrcalu has been prodigious liny IMS made a very large eiop , ns well as all kinds of garden vegetables Hay is being billed and hauled Into the towns of 4ho Hills , wheic It sells for $10 a ton Potatoes hell for 1 rent a pound. Nearly every faimei has a biiuill held ot cattle which this joar 1-3 ceiuul to the piocceds ot the faun. Subscribe fyi The Sunday lice and rcael Anthony Hope's great storj "Simon Dale. " roitnesr or TODs wnTIIU. : . I'n 11mill \\nriiKT , vvllU \\lllllN III III - Smith. WASHINGTON , Oct. 21 Forecast for ni-iuv Tor Neln.-iMkii niul Kansas 1'alr anil slinhtb vv.innur , south winds. For South Dakota Fair ; wanner In east portion ; ouUi winds Tor Iowa Kali , vv.umci ; iouli vvlndH For Missouri Kair ; vvaiiiu-r In northern poitlon : varlalilt * vlulls. . Tor Wyoming Pair hut Inprunsliifj clouil- Ires" , Boiith to vve t winds , cooler In west- cm portion. oFi-icn OF THI : wHATiiim nunnAtr. OMAHA , Neb , Oct 21 Iteeoril of rainfall ntiel temperature coinpnroil with the > corro- [ pcndliii ? day or the past thiee veais. 1M7. ISM. 1" 3 1S34. Maximum tcmpeiatnre . . . TM GO 7(1 ( 'C iMinlmum te nipeiaturo . . . X > .U .CO'C Avei.if1 ti'inperatiue . . . . J"i 4K ci Ualnfall CO .0) .CO .is I'econl of tpiniipr.ilutu and precipitation at Omalia for this day anil blnco Maren Normil for the ( Hy Cl Deficiency for the day G Accnmul ited excess since Mnivh 1 HSO Normal lalnfall for the dav OS Inch DcllcltMicy for tlie dav OS inch Total rainfall 'hire Mai eh 1 . . . 1777 Inches Dellck-ncy Hluce * M.ire-h ] ! l.7l InclicH llscess for coi period , 1S % . . . .323 I nil ecu Deficiency for cor. period , 1ST. . . . 'J.31 inches KciiorlN ri-oin StntloUM nt S it. in. , TSth Mcrlillun " 1 line. I. A WUI.SIl , I/cnl I'orccim Olllclal , You vvonliln't deny ynnr chllilron tliin \\lildi miiKitl"111 | ' - ) ' - yonV-1'os- and mure fonli-nU-il-wonld hllily tlicy arc incllni'd to ninsIe-purlKips a in tlu > lionsi * would eliccr ninny If know jiohltlvuly : i lonely lioni yon Hint yon fould nt n u-ully o' ' il piano ut si ViMsonaMy low iiricu you'd buy it wouldn't > -HIIV-Well , that's JtiM wluH vem can do lii'ic-nnd inoio tliau 11ml we will nniKo hiR'li ( , tsy tuinis Hint you'll never miss tlu- money w Idle you have over twelve dllVeieiit innlcus to se lect 11 om In all the new fancy wood caseIn the natural color and Kraln \Ve would like to Hhow yon how i'at < y It It to buy a iwilly Kood plaiw. A. HOSPE. Music and Art. 1513 Douglas Tim Dally Uee always leads-others may liy to follow and Imitate but they can nevt-r i-oaeh thu lilKh htand.ird c - tnbllhheil by The IJio A comii.trlhon of the iii'U'rand adveill.shiK | nine's of The HUM with any papur west of HID Mis- hlhsip ] ) ! river will easily hhow you 11s BiiiH'iJoilty It leinili'i'H twc'lvo napes every moiniiiK to fiunlsh The Jleo read- err , with itll the nuws It luiu K tiii > re. < l from al jiarls of Iho woild twelve p.ifji'rt of pied Intcicbtlni ; reading- hut the pi ice hasn't been raised for wo H > nd 1C by mall at ij8 a year weven days In the week ? ( ! wlthont the Sunday KronliiK or Moinliitf and Sunday dellveied In the city for 15 cents a week The Weekly with thu news condensed only 0"c a year. The Omaha Daily Bee Circulation Department Hill and Farnam. Bee Building