THE OMAHA DAILY BEE. ESTA1VLISIIED JUNE 10 , 1871. OMAHA , THURSDAY MOUSING , JANUABY Jl , TOGO-TWELVE PAGES. SINGLE COPY FIVE GENTS. BOBERTS New British OommanderirrOE Kitchener Arrive at OapetownT FACE CRITICM. CONDITIONS IN THE ARMY Difficulties of Pieacnt Situation Said to Bt Inside British Lines. GENERAL DULLER NOT IN GOOD HEALTH Ho and Methuen Likely to Bo Superseded bj McDonald and Tucker , CONFIDENCE OF SOLDIERS BADLY SHAKEN Dlrtlincii'n Health llroUen lnu n ( inl- ncrr IHnlicarieneil ! Hriiulxr at Storiunlirrir lilooinjVlrw of Military KxncrtM. ( Copyright , 1900 , by Press Publ'shlnc Co. ) LONDON , Jan. 10. ( New York World Ca blegram Special Telegram. ) Lord Roberts and General Kitchener arrived nt Capetown toduy. The Hilary experts , who glvo private pulntji In tbo campaign that tbo editors don't permit thorn to print , declare that more difficulties of tbo present situation for them nro fmin-l Inside ) the British lines than cny presented by the operations of the Boers. Mall reports of the Mngcrsfontcln battle nnd disaster to the Highlands , with Colonel Wauchopo's Jast words to his men. "Boys. don't blame mo for thla ; J had orders' nnd was carrying1 them out , " show that ( there waa some fault with itho commanding offi cers Colonel Oough , who commanded the cav- nlry department under General IMethucn , Is In 'Lund ' on pressing for > a court-martial upon LMothUen's report that ho declined to carry out the orders given him by the gen eral In charge. Gough han been tempo rarily placated nnd nr cd ito postpone hl personal demands until the war situation Is wore settled. General Yule , who conducted the rctrcut from Uundoo nft r General Hymona' death , ID nlso In London , hut In strictest Bcclu- slon , suffering. It is Bald , from physical and mental collapse growing out of nn at tempt to follow orders and save the troops that were In deadly peril from trying to hold advanced posts In Natnl without suf ficient ! strength of cavalry nnd artillery. The London newspapers , without making nny direct charge , carry veiled announce ments that General Duller Is not In good health. It Is known here that the Wnr olllco receives llltlc , If nny , Information from him directly. Ore the other hand , Iidy tAudray Buller gets a message each < lay from her husband briefly announcing that ho IK well. The gossips nrg.i that this IH exactly I ho step' a thoughtful husband would take to reassure his wife If ho was not up to. the mark. ' ' e ; nlricr 11 DlHuo General Gatncro , In an uncensored mall rtiport , is declared to have been seen sit ting In the Moltono railway station with I his head In his hands bewailing the repulse of his itroops The general In command of the communi cations llrst reported disaster to the Suffolk regiment 'under General French's command. Thus Ilobeits' nnd Kitchener's first task , the critics urge , must be to rearrangu the Kcncrals In charge of the various British forces so that all may bo brought up to .in offeotivo lighting point. Hector McDonald and Tinker nro now on Hie voy from India. It Is suggested that the two generals from India will bo sent to fluporeedo or aid Methuen nnd Buller nnd that the now commanders now at Capetown will inaKo every effort to throw all the re- Infoicemonta toward Colesberg or Storkj Hlrocm nnd then icvertlng to the original plan of campaign , one or other ot them wilt I nttcmpt to unt'e Gatacro nnd French's forces Mid move against the Boers through the Orange Kie'o State Would Imitate ( icneral Micrmim. ( Copyright 1SU ) . by Press Publishing Co. ) LONDON , Jnn. 10 ( New York Woild Ca- Megrimi Special Telegram ) The Peat's military expert snjH. "Thero IB one > weapon with which the mobile Boer , In certain cases , can bo held ' fast the spade. "Tho British gnmo In to put a line of trenches along their front and prolong It nround one ) of their llankH. General Sher man used to dilve back General Johnston In this way , having himself the superior force. "Buller'H force may iot ! be superior to that confronting him , but RO BOOM ns his men have dug themselves trenchcH a Hinall party of thorn can keep back a large party of lloero nnd hl.s mounted men can be used ' ' to push the lines bevoml and around the Boer Hank , being relieved ns Boon as they linvo won n pc ltlon by the Infantry , which would bo able to hold it. "Tbls would , In ordinary cases , end In forcing the retreat of the Boers Into Natal , whore. If they retreat , they free I < ad ) mltli. It would bring on the decisive battle In ! comlltloiiH ICUH unfavorable ) to the British than those ! of December 1G " Tbo Mi'H's war expert anjs "Tho appearance of the new commanilcr- in-ohlef upon tl'o scene should restore the confidence of the EOldlers FO Hadly shaken ' by the past. Let our men ceo that their llvc are not being wnHted and they maybe bo called upon for nn'i effort. There Is now unfortunnte'ly no doubt that Lord Methuen'a heilth has completely broken down. How long has this fact been within the knowledge of the Wnr olllcc ? " The other war e > xpert dl.M-uss the do- tallu of the conflict nt homo over thp re- Bponslblllty of tbo cabinet for the war blunders nnd attaik Balfour's explanations In his public upe ecbes. > Iellir.i-n' llriillli llnil.en DOMII. LONDON. Jan 11. 4 a. m During the Interlude of apparent military Inactivity and olllcKil secrecj. Lord Roberts and Lord < i Kltchunur hn\o arrived at the seat ot war. U It ) uosumed that their clear vlaloii , sup ported by 30,000 fre3b men. who nro duo to iirrlvo In South Africa within thirty days , will alter the situation and that the fourth month of the campaign will witness thu Imgltinlng of victories for thu British arms They are not , liouover , expected to pro duce definite results far uomo days , but their mere presence will restore the shaken confidence of the men at the front In 111 Ir geucraln. Lord Roberts Hjuls 120,000 men on the dufeiiBho or watching for an open- lugLord Lord Methuen's health , according to the Dally Mall , has "broken down" and the Held marshal may relieve him Possibly Homo others will bo relieved of Important commands There is certainly plenty of ( rank in evidence In South Africa , In ad dition to tbo Held marshal there are two vill generals , four lieutenant generals and wclvo or fourteen major Kfncrnls. There Is nn uneflfy suspicion that when ho Ixidysmlth casualties are announced hey will be disheartening and will partly " estroy tbo patriotic glow produced by Gen- White's "victory. " The list of victims f disease issued by thu war olllco gives wrnty-two deaths from enterl : fever nnd vsentery In Ladsmith In four days , re- c-nllng the fact that the benlcgel are cxlst- ng amid bad sanitary conditions. I'rltlMi An * 1'imerlexx , The Standard summarizes the general > lt- atlon thus. "Well , the ca-mpalgn has lasted three months We hnvu something like 120.000 roops In South Atrlca. With this huge rmy distributed over the country we are till powerless to relieve three garrisons 'rom ' Investment. Wo hove still to nee large lo'rtloiiH of both colonies In the 'hands ' if ho enemy. "Wo have driven the Invaders back at nu Ingle point. We are actually further from ho hostile frontiers than wo were on the ilny that the ultimatum was delivered. The ivork which ministers believed could bo effectually performed with 2. ,000 men has not been ] cnc. hits not even been begun by four or five times that number. Can iiny one fall to admit tbat this la evidence of a grave miscalculation of forces nnd 'nets ? " The War office has authorized a special yeomanry corps. Hvery trooper Joining will pay for his own kit ami mount , for trans portation and for all other expenses until his arrival In South Africa and will then give his sen-lew to hl country and pa for the privilege Into the fund for widows and orphans the amount ho would receive as a trooper. Several Influential gentlemen hnvn already enrolled. The authorities have urged the committee on the Yeomanry hospital to provide for C20 Instead ot luO beds. The Times , lu an editorial criticising at re.it length the government's conduct of the war , alluded to the "atupld nnd perverse mistakes" Hint have been made and demands that the practice ot the nonrevclatlon ot facts" bo abandoned. It Insists strongly on knowing "tho truth and the whole truth about the situation , " and finilu fault with Balfour's defense piecemeal. HILL RETAKEN THREE 'TIMES 'IVrrllto I'ltilil nt liul > Hinllli llocrn rcni-lralc HrltlNh MIION DrUeii Ilnulc lit ( Copyright , 1900 , by Pre s Publishing Co ) GUNUKAL BULLUR'S IICADQUAR- TERS , BRITISH CAMP AT FHBKB'S STATION , Natal , Jan. 8. 12 45 p. m. ( New- York World Cablegram Special Telegram. ) The powerful British army concentrated at Frero's nnd Chleveley is awaiting with Impatience the order to march to the res cue of Ladysmlth The news of General White's triumph In defense of the town on Saturday produced Intense satisfaction nnd an ardent desire to go Immediately to his relief , t Tbo official accounts from Ladysmlth | show that the Trans\aal and Orange Free State forces , In unanimous strength , at tacked General White's position around Ladysmlth , particularly the Wagon Hill ( not Sign Post Hill , as at first reported ) and Caesar camp before dawn. The besieging army , reinforced from' the commanders which mo holding General Culler's force In check , puuhed tbo at'tnok ' v. Ith great courage and vigor In splto of a terrible fire. The assault actually penetrated the Brit- lab lines. Some entrenchments on Wagon Hill were taken and retaken three times. Colonel Hamilton , who commanded there , made a stubborn and brilliant defense , re maining master of the position at the finish. The Boers continued their attack until 7 30 p. m. They had succeeded In holding one position all day , but at dusk , during n j heavy rainstorm , they were expelled by a shell and bayonet charge of the Devons , led by Colonel Hark. By night all the attacks hail failed , the Boers being elsewhere repulsed with very i heavy losses , which greatly exceed those | I i j BOERS WOULD SEIZE DURBAN I | j i Vlii'lr 12mlea\or lo Overrun Natnl i IlceallN b\NNtrtloiiH Made Ilefori * Opening of War. LONDON , Jan. 11 The Times In a spe cial artlclo dealing with the Delagoa bay question expresses the opinion that the en deavor of the Boers to overrun Natal lends confirmation lo rebellions made before the i j war by prominent Boe-rs that they would I pel/o Durban as a port. I The article points out that by the through j rate system , specially favorable to Trans- ' vanl shipments ove-r the Transvaal-Delngoa railroad , German fahlppers have been able , to fcecuro tratllc with little risk of exam- Inatloii nt continental ports or nt Delagoa I bay. The writer goes on to say I "It Is known that In nnttclpitlon of future military developments In the Transvaal to , ward the Zoutpansbcig district a conaldor- ' able amount of stores and munitions ot ,1' , have been forwarded for some time past , ! chiefly from the continent. | "It Is understood that the Union Steara- ( i ship company , besides ceasing to have Herr | Pott , the Transvaal consul general nt Lou- renzo llarques , as Ita agent , has with drawn its steamers from the Delngoa bav route. The Castle company has done the , same thing and made arrangements that will prevent tbo use of Its vesseils at Dolagoa i bay for autl-Brltlsh purposes. The same , j action has been taken by the Rmprefcs Land- j Illg company. The withdrawal of stoamero I of two British mall companies may , how ever , lncrrr.be Great Britain's dllllcnltlea L b > throwing the carrying trade still more j Into the hands of continental shippers nnd ( | j | dlvoitlng business to America for handling | b > foreign steamers from American ports " Thu article concludes by ugaln urging the government to secure more strict examlna- tlon. oi BEGS IYTKINLEY TO MEDIATE Auxlrliiii 1'enee Soi-lety SlnrtN Move ment In Slop tin * Soiitli African War. 1SCO , by PresH Publishing C'o. ) VIISNNA. Jan 10 ( New York World Ca. blegram Special Telegram ) Baroncrn Sutt- ner , In the name of thu Austrian Peace society , publishes tbo aiMress of the Ilerno International penio ntllcp to President Mc- Klnley , begging him to offer his services tory England as peace arbitrator The Austrian Peace so-let ) requests every person anxious for peace to * > lgn the declara tion nnd Join ( ho movement to stop the South African war and collect signatures and send them to the Peace eoclety PUT FREE STATERS IN FRONT llrltlxli fetor ) that Tlie > lleliuvfil llftti-r Than Tranittaalem Dill Klulitlaur at liul } mil I til. LONDON , Jan. 11. The Standard has re- celve'd the follow lug , dated January S , from Us special correspondent at Trero Camp "I hear on good authority that President ( Continued on Third Paeo. ) England Finally Decides Foodstuffs Not Contraband Unites for an Enemy. SENDS NOTE TO AMBASSADOR CHOATE ( JIM of Ilepl } Cabled to AV SiMiiitor Hulllli'iMimliiK liniiii- Ili-nt , Offer * llrnoltitlon Cnll- IIIK 'or Information. LONDON , Jan. 10. The American flour seized off Dclagoa bay linn been released. United States Ambassador Clioate had nn Interview with the marquis of Sallflbury this afternoon and received a verbal reply to the representations of the Washington government The British note on thin sub ject was ecnt later to tbo United States cmbnnsy. The gist of It was cabled to Washington. In brief , foodstuffs nro not considered contraband of war unless Intended for the enemy. The foreign office only arrived nt a de cision today and it was not until after Choato's Interview with the marquis of Salisbury that a note embodying the pro- NlfilotiB was drawn up. Several of the gov ernment's advisers wanted to make n regu lation regarding canned goods , but this was decided to be Impracticable. The decision to make flour and grain In transit to the enemy contraband is evidently hedged In by many difficulties of execution , but the foreign office believes that Investigation will generally determine whether the grain Is really meant for consumption at Lourenzo Marcjuez or in the TransNnal. Ambassador Chontc cabled Lord Salis bury's note to the State depaitment nt Washington tonight and Secietnry Hny Is expected to reply accepting the terms. The latter step was not taken by Choatc , as ho had llrst to receive authority from the Btate department to do so. WASHINGTON , Jan. 10. Senator Halo of Maine offered a resolution today calling upon the State department for information an to what had been done regarding the seizure by Great Britain ofraerlcan productB In Delugoa bay. The resolution declared the property was now detained un justly and without warrant. To the state ment that the property was unjustly de tained Platt ot Connecticut took exception , bclleNcd It ought co bo modified. II"le said the resolution piesented a matter ot vital Importance and believed Great Britain ought to be Informed of the sentiment of this country. On objection by Lodge the resolution went over. I2\GIAM ) 1VJI.I , PAY TOR CARGOES. liiHtinox tlic bolxurr of 1'lonr I > y Its .Military NcfcmiltlvN. NCW YORK , Jan. 10. A special to the Journal and Advertiser from Washington says : The essential points In the tentative answer of Lord Salisbury to the demand made on htm by Ambassador Choate for a declaration of policy and .a concession of liability in the matter of the seizures ot American flour in cargoes on the Mashona , Beatrice and Maria , are : " 1 Great Britain offers to pay an in demnity to I the American citizens whose sorrmeal and flcju'r wer seized , by tbo British drulfiera near Dolagoa bay , the cx tent of the claims to bo determined by a commission. " 2 Grat Britain will not declare corn- nieal and flour to be contraband when proof Is not positive that the foodstuffs are In tended for the camp of the enemy. " 3 Qrcat Britain contends that she has not violated the rights of a neutral power by tbo seizure of this cornmeal nnd flour , but that , on the contrary , under her old common law she has a right to seize food bupplles absolutely necessary for the main tenance of her soldiers and pallors In time of war , her right being subject to the equities of indemnity. " The attitude of this government on the three propositions submitted in Justification by Lord Salisbury Is as follows : The United States accepts Great Britain's offer to pay this American citizens in In terest the face value of the cargoes , with a reasonable profit. Great Britain's plea In Justification Is re > gardcd ns Inadequate and evasive In that It I avoids a general declaration as to whether I cornmeal and Hour are contraband of war , | but the answer Is reasonably sufficient be cause It declares specifically that the ' on the vessels named were not c"n ' traband of war , as they were not destined for 1 the camp of the enemy nnd that was one Im- i portant contention of the State department. | As to the third proposition the United States accepts In good faith the plea that i tbe goods were seizes1 as a military nectsslty I for the supply of the British army and navy 1 and that such necessity justified the act lt' i seizure without prejudice to any othtr In- | ternatlonnl questions Involved. I A high State department olllclal sal 1 that ' there was no doubt that Gicat Britain's in- ability to turply her array and navy actually engaged In the Boer war could be demonstrated. That condition , ho said , Is j fairly Inferable from the fact of the 1m- ' menso army In the field , the constant drain on the homo base of supplies , tbo distance of the local South Africa bases of supply from the armies in the Hold , the danger in the transportation of them great distances > i Inland and the practically Isolated position of her cruisers off Delagoa bay beyond the < International limit from shore. The United States , ho paid , bad agreed to thia cor. ' * I tentlon of Great Britain because It wa's de ! fonnlblo by international law , by British i local law and by the facts as submitted. Tbo State department , notwithstanding 'thls ' tentative reply , which precludes any Lhanco of serious friction , Is still anxious to obtain a specific declaration as to whether Great Britain will maintain the general proposition that flour , corn and meal are contraband of war It Is probable , In view of the present nn'lcable adjustment , that the United States will not Insist on an Im J" mediate reply to Its demands for a compre hensive declaration of policy. HIIlI'l'IMi IIY TO CAI'IJ V.MI MAMI..V Three Ship * Sail ltb I'oililer for tbe llrltlnb In ho n III vfrleii , NKW YOHK. Jan 10 The British steamer Hortenslo soiled today for South Africa with 25.000 bales of hay for the Brit t- ish urmj This Is the second shipment In three weekH dispatched by one shipper from this port loaded with fodder and provisions for South Africa The hay , for the most part. It lb said , coined by rail from Canada ! The day before yesterday the steamer Mlc- ! ' mac carried 1.300 tons of hay and provls ons for Capetown from Boston The steamer India Is now lading 750 tons of hay for the United States army In tbo Philippines. The bteamer Montauk rerently | sailed with SOO tons of hay , also for Manila. < ; IIMI.ciu'isnus TO GO TO IIVY. riiiUNlili | of I'rlnee Henry of Primula llnj Hi- tent to flelaifoa. BERLINT Jnn 10. Several foreign office olllclals expressed thembelves more freely about the British seUureu of German ves . I eels Great Britain's formal written answeh j to Germany's formal protest has not yet I been received , but another oral declaration I by Lord Salisbury to Count Von Hntzfcldt , I tbo German amba iindorMjn London , his been I telegraphed to Berlin , showing that Great Britain admits her obligation to pay dam- aprn for seizing vessels hot carrying contra band. U Is admitted by the foreign ofllco that the- armored cruiser Dettttchland , flagship of Prince Henry of Prussia , may be sent to i Delagoa bay , together with the gunboat ' Hablcht. The examination of the cargo ot the Bundesrath , the foreign office is ln formed , Is still In progrebR. ALLOWS BISHOP TO RETURN Prc.ililciit y.clujn Ucniovrn llun from MonnlKnor I'rlrrern llrltlnli Control Hitllionitn. S1ANAGUA , Nlcarngun Dec. 21 ( Corre spondence of the Associated ress ) Slonslg- nor Pclrrcrn , the Roman Catholic bishop of Nicaragua , who was expatriated a few weeks ago by President Zelayn. owing to severe criticisms of a la\v paosed by the legis lature , placing money nnd other property donated to churches In the hands ot the civil olllclals for disbursement , has returned to his homo at Leon , by permission of tbo ex ecutive. Some of the new spapcrn declare that the bishop's return wratf perilfttted because of his voluntary promtsa Ao hereafter obey the laws ot the country iiml to 'refrain from nnv criticisms of them. Illfc ti lends assert that bo never Intended to dltobi-y any of the civil laws and they nay ho has not promise ! to hereafter abjure criticism of Nicaragua ! ) legislation. i 12. C. Nlchol , British ttonmilnr agent at Managua , has bccomo superintendent of the Caribbean & Pacific Transit company. It Is nn English company , organized two years ago , and has a conditional Intcroccanlc transit concession across Nicaragua. It lias the solo privilege of con&uctlug hteam nav igation on the Snn Juan del Norto river and Lake Nicaragua , Including a largo portion tion of the proposed route of the Intcroccanlc canal. Mr. Nlchol , It U announced , has an option from tbo government to pill chase the state railroads and steamboats , thus forming a continuous line of transportation across Nic aragua. RUSSIA MOVING UP OUTPOSTS AilvaiitnKc < > C TriuiMt nnl Wnr L2iicroncliiiif ! on I'crMlnn Fron tier IJc-ri LONDON. Jan. 11. The Calcutta corre spondent of the Dally Mall sajs : "While the official statement that 110 alarm Is felt concerning Afghanistan Is quite true I hftNc good reason to believe that tbo Indian government has received dis quieting Information regarding RusMan movement In the direction of Persia. "Russia Is taking advantage ot the Trans vaal trouble to strengthen Its armaments and to push Its outposta nlons the Persian i frontier , with a view of ultimate annexe1 tlon , a design In which Germany would 11 probably acquiesce In consideration of re ceiving railway concessions. " FINANCES ARE IN GOOD SHAPE * . IlnilRct tlir Mn t Fnvornlile BEJRLIN , Jan. 10. In Introducing the estimates In the lower house ot the Diet t today the minister of finance , Dr. von Mlqucl , said the budget waa the most favorable - able ever submitted. The surplus for'189S-S9 > was 81,360,000 marks and the current year was expected to furnish equally satisfactory results. The new estimates , the minister explained , were no longer based on railroad 1 receipts to tbo same extent as formerly. Dr. von Mlquel also referred to the reserves contained In the estimates available for times of distress and said debts amounting to 800,000,000 marks had been redeemed dur ing tbo last decade. ACIVUIT KUUtiUll-VICTOItIA AUTIST. Mmiaccr of Iu Ciirluninre ! Sot Pun- lNlitkiI for Indecent Cartoon. PARIS , Jan. 10. The manager and artist of La Caricature , who published an alleged I Indecent cartoon representing President Kruger having Queen Victoria over his knees , in the act of spanking her , were tried 1 today on the charge of outraging1 public morals. The court acquitted the accused on the giound that In splto of the grossncss of the satire it did not have the obsccno charac ter which would Justify the charge. Voru DoiiKlax HnrltMl. ( Copyright , 19CO , by Press PubllHhlnpr Co. ) PARIS , Jan. 10. ( New York World Ca blegram Special Telegr'am. ) Vera Dotig- las was burled today. A short service was ' held in the American church of Holy Trln- | Ity , not over fifteen being present. At the | conclusion of the service the hearse drove ! away , attended solely by Vcra's last maid " ' It was a melancholy sight. The remains were burled nt Saint Germain , a suburban [ j town. A perpetual concession In the ground ! was bought by R. II. Hennlng , the Aus- trallan millionaire , wlio was her last lover , for $300. Heavy ( iuli-n on Trench Count. PARIS , Jan. 10 , Heavy gales nro blowIng - Ing along the entire Freeh coast and a num- j ber of small vessels with their crows have I been lost , although several rescues are ro- i ported. A fishing boat foundered off Bou- logno Sur Sler , nine of the crew perishing. I The bark Jeanne I'ngenls sank near Cher- i bourg and five persons were drowned. Heavy weather Is reported from nil Mediterranean ports. \lnuile Comic Coining to America. ( Copyright , 1900 , by Press Publishing- . ) PAHIS , Jan. 10. ( New York World Ca blegram Special Telegram ) Maude Gonne , the "Irish Joan of Arc. " will sail for New York January 20 from Haley on the French line steamship Normandlo She will upend i one month only In America , lecturing In different cities on British oppression in Ireland and elsewhere The object of her tour Is to raise money to help the Boers. American * Well lleeel > fil. COLON , Colombia , via Galveston , Jan. 10. A party of American railway surveyors | who have gone ten miles Into the Interior , report that they have been well received tand hospitably treated by Darlcn Indians , It la rumored In connection with the ex- portatlon of cattle that the government I will Impose a tax of $20 per head , _ _ i | Colombia liiNiirKentN Dcfpiileil. i COLON , Colombia , ( via Galveston ) , Jan. j 10. The Insurgents have again been defeated - , feated at Ccrrltos and Buearnmange. San l Jose de Cultata has been occupied by the i goveminent troops. General Velez , with 3,000 Antloqualns , Is on tbe way to Bogota. ! To Heitiiii.Mnne ) Hate. LONDON. Jan. 11 The Dally Mall ex- l pi esses the opinion that the Bank of En- gland money rate will be reduced to & per 1 cent today ( Thursday ) . llevlvliiK Needle S > nilleiite , BBHLIN. Jan 10 It la announced In i manufacturing circles hero that tbo German j needle syndicate baa been revived. SI'DONALD ' FOR SUPERVISOR Ex-Sheriff of DousUs County is Selected to Look After the Census. NAME WILL BI SENT TO SENATE TODAY Delivered byeltra ? Ua Metn- ber on tbr Intc W I > . Orcnie of the SUtb lUnlrlct Wnnh- Inictoii .Noted. Mercer said jesterdoy relative to census su pervisor of the Second Nebraska district the agreement reached today between Mer cer nnd Thurston favorable to John W Mc Donald , ex-sheriff of D uglan cnuniv as successor to 11. S. Berlin , rejected by the senate , la somewhat surpilsliig. Dire t i Merrlam , director of the census , was greatlj worked up when ho learned ot Berlin's re jection , nnd ho nt once began to skirmish around to get n man who would be acceptable to both Thurston nnd M6rccr. Mercer sug gested McDonald , but left the matter of reaching nn understanding between Thurs- i ton and hkneelf to Director Morrlam , who performed the task * successfully , the un derstanding being that McDonald's name will bo sent In tomorrow. The Times today published a story about Berlin's rejection , stating that It was the culmination of n bitter personal feud be tween Berlin , Mercer nnd Thurston of long standing , nnd nlso Involved the picsldent , who championed Berlin's cause. The arti cle goes on to say "It Is said that the affair has completely alienated Senator Thuraton from Mr. Mc- Klnlcy and that the Nebrasknn Is now- ready to Join nny revolt that may bo started against the president. The breach started several months ago , though Just what was the cause nobody seems to know. Senator Thurston has not , It Is said , paid n social call at the White House for n considerable time and gossips noted with some concern that at the last dinner at which Mr. Mc- Klnley entertained a party of senatorial friends the Nebraskan's name was omitted from the list of Invited guests. Senator Thurston Is not n candidate for re-election and therefore his political future Is not Involved in the dispute. At the expiration of his term ho will resume his former po sition at the head of the legal department of the Union Pacific rallroid But In that position ho can , If ho so desires , wield quite as much Influence In Nebraska politics as If ho were In the senate. Wherefore It Is not regarded as altogether wise for an am bitious statesman to get ut cross purposes with him. " Knlofflcn oil Greene. The eulogies delivered today In the house on the death of the late Representative W. L. Greene from the Sixth Nebraska dls- I 1 trlct by members of the Nebraska delegation I were exceedingly gracctul and thoroughly ' well-considered. Congressman Mercer had charge of the time and resolutions. Senator Allen In the senate paid fitting tribute lo the memory ot the late vice pres ident , G. A. Hobart , stating among othe things that where he had expected partisan ship of a most exasperating character , In the person of Mr. Hobart , ho had found Impar tiality , friendliness and high moral wotth > which mndo the late vice president one of the highest types of American man- hood. I Senator Allen Introduced a universal pcn- ' slon bill today granting $10 per month to all i soldiers and bailers honorably discharged I ! from the service of the United States who served for three months and over and bring- ing up the pensions of those below $10 to that figure. Mrs. Ilena M. Geddes , wife of W. M. Ooddes , a former mayor of Grand Island , died nt National Homeopathy hospital In J this city this afternoon , where she was undergoing an operation for appendicitis and cancer. The remains will be forwarded to her childhood homo at Council Bluffs for Interment. Deceased was born at Council Bluffs , where her father , H. H. Held , and a sister , Mrs. T. 13. Cavln , refllde , Another sister , Mrs. H. H. Glover , lives at Grand Island , as do Mr. Geddes' relatives. DC- ceased was 33 sears of age and leaves , be- sides her husband , a eon and daughter , Services will bo held nt Council Bluffi i Sunday or Monday , of which due notice will l bo given. OTiinril IN Iliiny. Henry T. Oxnard , president of the beet sugar factories of Norfolk and Grand Island , Is in the city looking after legislation In re lation to Cuba , Puerto Rico , Hawaii and j the Philippines. C. C. Smith was today appointed post master at Lewlston , Fremont county , Wy- I omlng. An order was Issued today establishing a postofllce nt Hynes , Monroe county , Iowa , nnd Tally Hynes was commissioned post- i j i master ; also at Scarvlllo , Wlnncbago county , ' Iowa , with Thomas J. Folkln as postmaster. n. T. Countryman was today appointed a member of the board of examining sur geons at Aberdeen , S. D. Congressman Burke has recommended Dr , Parsons for h place on the pension board at Brooklngs , S. D. On the recommendation of Congressmen Gamble and Burke , Major Thomas H. Jones of Yankton , S. D. , has been reinstalled In his former position In the Treasury depart ment. JURY ACQUITS JULIA MORRISON DcllverN a Ilrnniiitli ; .Speeeb to Court mid .lurj AVI11 Uphill Lecture Tour to Warn ( ilrlN , CHATTANOOGA , Tcnn. , Jan. 10. The trial of Julia Morrison for the murder ot Frank Loldenhelinor of the ' Mr. Plaster of , I'arlb" company , of which they were leading man and woman , on the stage of the Chat tanooga opera house on the night of Sep tember 23 , ended at 4 o'clock this after noon , when , after one ballot , the Jury re turned a verdict of not guilty. Miss Morrison , upon hearing the words which assurred her freedom , advanced to thu speaker's platform and made a most dramatic , speech to thu court and Jury. She bald "I wish to thank you and the gentlemen ot tbo Jury nnd all who wore instrumental In my acquittal for your Just and generous \ decision. May God , In Ills mercy , be evei as Just to jou and jours as you have been to mo today. As for the prosecution , I wish to say that I fully forgive them and bear them no malice for their strenuous cfforta for my conviction. "As my persecutors , " she continued , turn ing toward Mrs George J. Antz , the beau tiful sister of the murdered actor , who was overcome with emotion and suffused in tears , "I leave them to their conscience anil their God. To the poor bereaved sister I say that God knows that were It In my power to restore her brother I would certainly du It. " When Miss Morrlbou had finished her speech , which slio had rendered In a dramatic style , Attorney General Donaldson madea demand that the bo held fur earning a pls.o ] and the case waa entered , but no ball or CONDITION OF THE WEATHER Forecast for Nebraska Fair. Northwesterly Wind" . Teiniieratnrt * nt Oninliii jeter ln > l Hour Dei ; , Hour. Dew , . * a. in VI I p. in ( I a. in no 2 p. in. . . . , 7 a. in. . . . . . I'll It p , in. . . . . . - s a. in. . . . . . -I ) I u. in. -s II a. in'I ) r. p. in 's III n. in. . . . . . Ull U p , in II a , in. . . . . . - ' - 7 p. in I- 'JM S | t , in O | i. in. . . . . other formal court recognition was accorded the action. The verdict was \\lldly cheered by the spectators In the court room and by hun dred's outsit ) ? . Ml s Morrison Mill remain In Chattanooga for several weeks , after which she will begin a lecture tour , her BUbJcct beliiR "Tlio Other Side of the StaRC , " In which she will point out the dangers tint confront the voting girls who follow the stage as an occupation. DENIALS BY UABI AND CASTRO Not Trjlnu to Iluuxr ( 'iilinim Aanliiftt lAinerU'iiiiN 'I'lii-j lln > r Coult- ilrniMIn Wood. SANTIAGO , Ii : CUBA. Jan. 10. Gener als Uabl and Ca-stio today requested the correspondent of the Aioclalcd Press to deny emphatically a statement made in a Santiago newspaper that their present mis sion Is to roimo the Cubans In this part of the Island against the American : ) or In any other way to foment disorder. They icallze that the people of the province are ardently patriotic , but belluNe. noNCrtho- that u large majority will patiently nwalt the fulfillment of the promise of tbo Intervening government to establish the In dependence of'Cubn. They express confidence In Governor Gencial Wood , commending his nchlcNc- mcnts hero In the way of public Improve ments nnd In the organization of native gendarmerie under American officers. The discipline thus received will be of great benefit to the Cuban army , they readily concede , when the Americans withdraw. The two generals hiiNo formulated an elaborate plan for a Cuban federal republic. This emphasizes the necessity of decentral izing government among the various prov inces. They declnie themselNes confident , of the ability of the Cubans to maintain n stable government , tbo people having hud an admirable object lcslon In the advantages ot discipline nnd subordination during the American regime. General Wood , who Is expected here soon , has Invited Generals Habl and Castro to accompany him on a tour of Inspection of the island. LUCHA DEFIES GEN. LUDLOW hll > H It Willet Hr < M > K lzc Antliorltj of Military CoM-riiineut Wood tu INHIIC I'nriloiiN. HAVANA , Jan. 10. The Lucha , In .1 long editorial regarding tbn fines which General Lit alow has rec"ntly Imposed on that paper nnd the Cubaro , reaffirms the articles ob jected to In Its own columns nnd says It will not recognlzo the authority ot the milItary - ' Itary government , though It will cheerfully pay the fine , when ordered to do eo by a properly constituted court. ! Ge-neinl Ludlow asserts tbat fco long as tbo Lucha continues to reaffirm "maliciously false stories" be will continue to Impose fines and will Increase their amount. The Cubano declares that It will lay tbo matter before the governor general and hear from him before making further criticism of the courho of the military governor. Before the end of the week General Wood will piobably have Issued pardons to some 200 persons now confined In the Havana prisons , who have served terms longer than the Board of Prison Investigation considers , either Just or ncLCbsary. j i ' SURPRISE TO ANTI-GOEBELITES KeiiluuK > HiiiiNC A < Ioitn | AHHcmbly IlulcN by leclnlie JIaJorltj ItuiiiiblleaiiM UlHiinuolnteil. FRANKFORT , Ky. , Jan. 10 The adoption ! In the house today of the rules which will | govern the Joint assembly by a decisive ma- i Jorlty was a surprise as well as a dlsap i polntment to the republican and antl-Goebel factions In the legislature. They had not expected to defeat tbo rules , but they confi dently believed that the vote would bo close , Former Congressman W. C. P. Brcckln- rldge , who had practically assumed direction | of the antl-Goebel forces , was In conference with Former Governor Bradley , Taylor's at- toiney , a long tlmo today and It Is said 1 they are preparing to spring legal objections to the manner In which Goebel's contest Is being conducted , one of which Is tbat the legislature should h.ivo first passed an act j nuthorl/lng the contest. j The list of witnesses subpoenaed to ap pear before the Franklin county grand Jury today Included President Milton H. Smith and other officials of the Loulsvlllo & Nash ville , Colonel Attlla Cox , John II. Whallen and others who have been Identified with the John Young Brown democratic party. President Smith , however , was In New York and the process was returned unscrved. It Is understood that the Investigation of the witnesses who testified related to the Whal- len-Harrcll bribery matter. In the legislature several radical an\\ \ \ railroad measures were Introduced , all from the democratic party. DrellneN ( o Honor lit * . . KANSAS CITY , Jnn. 10. ( Special Telc- Stephens Into tonight re- cram ) -Oovernor fiihed to honor the inquisition of Iowa H governor for the leturn to Council Bluffo of Jo i ph Bwnrtz , wanted there for al leged diamond swindling mid now out on bond at St. Joseph No one appeared to ursn the honoring of the requisition Hwartz itivv.is represented by Kruuk 1' Htbreo of Kaunas City. H WIIH represented to the governor that the desire of the Iowa mi- thorltles lo get hold of Bw rtz hud its i buhls in nn attempt to collect a debt. Ilev. Whitman Henlinit. WASHINGTON. Jnn JO.-Rov. Uenlah L. Whitman , the president of Columbia mil- versltv. toduy tendered his resignation to i the board of trustees to accept the iias- I torato of the Calvary EuptlBt church , Phil- , ade-lphla. TriiHl ( ietN vnollier DlHllllcr ) . CINCINNATI , Jan 10 The Allen Brail- ley distillery of Kentucky has lieun tr.inn- ferred to the trust Consideration , $100,100 , I according to the deed I Vli.i i-iiu-iilK "f lleenii VemiflH , .Ian. 1(1. i At Southampton Arrived Kaiser Wll- helm der Grohh . from.New York , via Cher bourg , from Bremen : New York , from Now York Sailed Luhn , from Bremen , for Now At Liverpool Arrived Ithynlnnd , from Philadelphia At Movlllii Arrived Anchorla , from New York , for Cilassow At London Arrived Menomlneo , from Now Yo'k At Bremen Arrived Dresden , from Hal. Umore. At Rotterdam Arrived Maasdam , fiom Now York At filnHgow Arrived Anchorla , from New Ynrk At Kobe Arrived 1'iuirgla , from Tacoma - coma , for Houv KOIIK Ai Glbniltur Arrlved-Werra , from New York , via Naples and Genoa. At N w York Salle-d St I.ouls , for Southampton. Noordlund , for Antwerp Arrlve-d Haruld , from Inuguu , Port Au Prince , etc. UNION PACIFIC SUED Attorney General Snijth Brings Action on Account of Alleged Rnto Violation. INTERESTS OF LIVE STOCK SHIPPERS State Asks District Court to Award Judg ment for the Maximum Penalty. NUMEROUS SIMILAR SUITS WILL FOLLOW State Board of Transportation is Collecting Additional Evidence. t ATTORNEY GENERAL EXPLAINS SITUATION billon I'nolflc mid > rnrl > I've-ry Oilier . NelirnnUn Itoiiil CliarKcil nidi IN- ! r -mirillnu Onlor IU-liitl c ( u C'urloiul Hatffi , . Attorney General Smvth has filed suit In thu Douglas county district court agulnst the Union 1'aelllo railroad , w heroin It is charged that the defendant company has violated the icgulatlons made by the Stats Board of TraiiRportatlon lelatlvo to freight tariff on livestock .shipments. The suit - .aa Illed Wednesday nfternoun nnd It Is said to be only the forerunner to other suits of sim ilar character , in which nearly ON cry road entering Omaha will be Involved. In November , 1SS7 , thu State Hoard ot Transpoitatlon made nn eider directing the railroads of Nebraska to restore carloao. rates on rhlpments of livestock nnd for bidding thum to charge rates per 100 pounds on such shipments. This order was ac cepted by the railroad ! ) until last month , to Attorney General Smvth says , when ths roads abandoned carload rates and restored rates per 100 pounds , thus greatly Increasing the cost of shipments of livestock within this state , The board for BOIIIO tlmo link been collecting evidence to show violation of the order. Uvldenco showing- such violation by the Union Pacific was submitted to Attorney General Smyth by ho board and upon this showing that oillcl.il began suit In the name of the state to lecoNer the statutory ponnltj , which Is not less than $500 nor more than $5,000. for each offense. This suit is for the maximum penalty. Attorney General Smyth Is authority for the statement that there U In the handa of the board Information which shows that a great many other violations have been com mitted. ] This evidence , however , Is not quite ( completed In some particulars. When It I Is finished nnd placed before the attorney general supplemental action will follow , It Is officially stated , against the Union Pa- clflc and other railroad companies. HISS SUPREME COURT JUDGE ( .Ulmiiy Society of Now York liinuUn JiiNtlee Wooilivnril Syni- luitli- for Ilorrr. j , , * , i NEW YORK , Jan. 10. Tlio annual re union of the Albany society of New York was held tonight at Delmonlco's. One hun dred and fifty persons were present. Justice Woodward of the supreme court , a partic ular friend of Governor Hooaevoll , was down to respond to the toast , "Tho Dutch In Albany nnd In South Africa. " Ho devoted the first part of his addrebs to the Dutch In Albany nnd then turned to the Dutch In South Africa. As bo contin ued the guests began to cough and lauili nnd In other ways annoy the speaker. When ho praised the Boors there was nn open outbreak of hostilities. Judge Woodward waa unable to proceed. Drawing himself to his fullest height ho thundered : "In closing I want to propose a toast to that grand old statesman , William the Silent of South Africa , one of tbn most Impressive personalities alive , old Oem Paul Kru er. " There were a few cheers , but Krugcr's name was drowned In an avalanche of hlescs. GREAT DEAL IN RANCH LAND TlioiiHiuiilN of AercM of ( im/loR anil Jlancli Ground lloiiclit liy Warreii'H Company. CHEYDNNE , Wyo. , Jan. 10. ( Special ) Probably the largest de'al In realty ever consummated in the Rocky mountain region has been closed hero whereby the Warren Live Stock company , ot which Senator Warren - ren la the president , gulnn control ot thou- sanda of acres of grazing and ranch lands south of this city nnd extending Into Colorado rado for u distance of several mllcu. Some weeks ago one or two ranches were bought up and now tbo company has purchased the property of N. 13. Wheeler of Cair , Colo. , which Includes the famous Willow Spilngs ranch near Cnrr nnd twelve other lanches , together with thousands of sheep , cattle and Moiacu. Tim amount of the pur chase Is not known , The Wnrron company now lias control of one of the largest i audits in the west und upon which there U ample feed at all seasons of the year for many hundreds of thousands of sheep and cuttle. NOVEL TWO-CEN FARE BILL Mrnmire In Illilo for Hale ot Mllrnite llooUn Good nil All HonilH , COLUMBUS , O. , Jan. 10. The 2-ccnt faro bill reappeared In the legislature toduy In a novel form. Kepreacntutlvo Cyburn In troduced a bill providing for thu printing and ualo by the ntato commissioner of rail roads of mllcugo booka at 2 cents per mile , the books to bo good on nil roads In the state. The commissioner IH to appoint agents In each county for the sale of the books , the procecdn to bo turned over to the utato treasurer , who Hliall re < leom the coupons , deducting the eoat of printing. Agcntu nro to receive n fee of 25 cents for each book Hold. MOTHER KILLS HER CHILDREN ,11m , Clirlillf of Mel'liernon , Co in in I to Horrible Dent TaUen Her Own Ufe , 'MTimnsON. ' Kan , Jan. lO.lrs. . Jon > ph Cbrlstlo of thia city cut the throats of lici two children , both under C yearn old , then cut her own throat nnd tel flro 1o the h ue < > The children died at onio and Mrs Ctir died soon afterward On iMonday Joe Cli.'stle , her husband urre'Htcd for elrunkcnncei and is now iii jtul because ho could not pay bis tine. Hr IH < i laborer and ban not been working steadily It IB aupposoj that worry over theli ft mil lion led tlio woman to com ID H tbe horrible . . deed.