Nebraska Newspapers

    o
THE OMAHA- DAILY BEE: WEDNESDAY, JTNE (5, 1000.
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T. U. O. iA. BU1LU1NU, COB. 10T1I AND DOUGLAS 8TS,
motion docket, or, perhaps, set a hearing
for this afternoon, If It Is probablo that It
will occupy any considerable length of time.
Wo -will give- you an opportunity, at any
rati, to dispose of It today.
Mr. Ilosewater I will say what I have to
say within thirty minutes.
At tho conclusion of the call of the mo
tion docket at 10:30 this morning Mr. Hose
water again asked the court to tako up tbo
consideration of the contempt caso and ad
dressed tho court as follows:
"Your honors, I would llko to havo tho
trial proceed, so far as I am Individually
concerned."
MniytJi Opposes Ili-arliiK Hint.
Attorney General May it pleaso tho
court, heforo thla matter Is taken up or any
decision reached 1 would llko to say to tho
court that so far as tho stato Is concerned
it shall Insist that tho defendant, Ilcwowatcr.
put something on 111c. If ho desiros to bo
hoard In thin caso ho must make somo show
ing In writing. The practlco In such pro
ceedings as this requires that to bo done,
to thai wo may Know what wo havo to meet.
If, of course, ho doen not desire to make
any appearanco at all In this matter, why,
then wo will havo to proceed ns tbo practice
teems to Indicate in such cases, but If ho
docs dcolro to appear and testify and to
bo heard personally, ho must conform to
tho practice.
Judge Sullivan Tho suggestion Is that au
Issue must be presented for trial 7
Attorney General Smyth Yes, sir. Tho
practlco Is that an nllldavlt must bo died or
nomo statement of oomo kind showing the
position of tho defendant with respect' to
tho allegation or Information and until that
Is done wo shall Insist that tho defendant
cannot be heard In tho matter. The practice
requires that.
Judgo Sullivan Arc you prepared to pro
ceed with tho other branch t tho case?
Attorney General Wo will bo prepared to
proceed with tho other branch of tho cax
at 2 o'clock.
Mr. Rosewntor Your honors, tho attorney
general seems to bo. moro familiar with tho
proceduro In contempt pnses than Is tho
honorablo court. Ab there havo been but
four cases of that class
SIiIcn lit SI ii ill l Speeches.
Judg'o Sullivan Mr. Ilosewater will kindly
address himself ' to. the question now be
foro tho court. This Is a place to hear legal
'arguments and not' to1 preoent slump
speeches.
Mr. Ilosewater I am here In my own bo
half and am not familiar with tho rules of
court.
Judgo Sullivan Thoro Is a question
presented and If you wish to bo hoard upon
tLat you may proceed.
Mr. Ilosowatcr I want to mako my own
defense and 1 cannot file any response.
Judge Sulllvan--Very well, wo will tako
up tho caso at 2 o'clock and tho rules of
law applicable to n proceeding of that klud
-will bo applied. If we concludo that you
nre not entitled to bo heard without present
ing a return to this order to show cause,
then you will bo dented tho right to mako
an oral argument or to offer evldenco. If,
however, we concludo that you nro cntltlod
to ho heard without presenting an Issuo, you
will bo heard; you will bo accorded your
full legal rights In tho matter. Wo will
tako It" up nt 2 o'clock.
Mr. Ilosewater I will simply conflno my
self to tho testimony I am ready to glvo and
tho documents I havo In my possession.
Judgo Sullivan Tho matter will bo taken
up at 2 o'clock.
I'rorcfilliiKH nf (In- Afternoon.
Tho contempt caso against Kdward llose
water wus called promptly at 2 o'clock this
afternoon, tho court hnuso being packed
with Interested spectators, many of tho
Onioha lawycTH who had finished their busi
ness beforo tho court In the morning remain
ing over for tho trial. Tho entire otiiclal force
at tho stato houso took an afternoon off
nd crowded into tho court room or listened
In tho hallway, tho auditor having a com
fortablo armchair placed Just Insldo tho
doorway to tho supremo court room for his
special benellt. Judges Holcomb and Sulli
van were on the bench, Judge Norval hav
ing declined to participate In the hearing.
Thero seemed to bo a disposition on tho
part of both sides ns well n tho court to
waive nil technicalities and tho evldcnco
-was submitted with but llttlo delay, being
for the most part documentary. Tho sworn
testimony of Mr. Ilosewater, however, took
up quite a -part of tho afternoon. Judge Sul
livan taking nn active part In tho cross
examination. Mr. Ilosewater submitted af-
fldavttH having an important hearing on
tho caso which were received by tho court.
which will later pass upon tho question of
their availability as evidence.
Tho defendants, The llee- Publishing com
pany and Edwnrd Hcsewater, wero tried Hep-
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5 The Bee PaullsMnv Co. Omaha, Neb. 2
Please Send Part
Spscial American Edition
g r. o
State
Enclosed please And
lend 'renaltlaucea (or alnvle
nkcii convenient.
Dm, June 6, 1900.
It isn't necessary to make comfortorB at
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quality. Wo can sell you comforters ready
nrately.
When tho evldenco was submitted
1 I t...l. . ... n ,1 . U
court by Mr Ilosewater In his own behalf
and by Mr. Slmeral for Tho lire Publishing
company. Deputy Attorney General Oldham
made tho opening speech for the stato of
Nebraska and Attorney General Smyth
clcscd for tho prosecution. Theso arguments
occupied tho tlmo of tho court until after
C p. m., when tho court through Judge Sul
livan announced that Its decision would bo
deferred until Thursday morning nt 9 a. m.,
when Mr. Rosowatcr's presenco would ho
essential.
Heady to Proceed lvlth Case.
Tho following Is a detailed report of tho
proceedings:
Judgo Sullivan Gentlemen, nro you now
leady to proceed with tho case of tho oPUu
of Nebraskn against Edward Ilosewater and
Tho Omaha lleo?
General Smyth I believe an aniwer has
been filed hero at tub moment by one of tho
defendants In thla caso which denies every
thing In tho -information as I read It, Wo
nro not prepared nt this moment to go on
In view of tho fact that we must offer proof
In support of the allegations
Judge Sullivan Has ho Died n nwnrn do
nlal cC tho charges?
Mr. Smyth It has Just been handed me
this second. I havo not had time to read It,
your honor. It was filed, I don't know at
what time, and at once withdrawn from tho
files and retained until this moment. The
answer ns It appears here Is that '"said Ed
ward Ilosewater lh his own defense denies
nil of the charges brought against him by tho
attorney gcnoral and pleads not guilty.
"Stato of Nebraska, County of Douglns, w
Edward Ilosewater, being sworn, docla-cs
tho above to bo his answer to tho charces
of contempt brought against hlin and that
tbo statements In said answer are true."
Judge Sullivan That amounts, then, to a
sworn denial of the publication?
Mr. Smyth It Is n sworn denial of tho
publication and callti for proof and In view
of this why the stnto Is not at thl3 time
prepared to go on, but will bo prepared to
morrow morning to proceed.
Willi ch All 111 ItlKlltM.
Mr. Itcoewater-iYour honors, this does not
amount to a denial of publication, but In or
der to facilitate tho Immediate hearing of
th a trial I wntvo ' all my constitutional
rights as a defendant and offer my testimony,
to tho attorney general for tho prosecution
cf his case. So ho may go right on.
Judgo Sullivan Let mo state at this point
Mr. Ilosewater, and the suggestion Is In
spired by your remnrk this morning, that '
this proceeding has not been set on foot
by the attorney general. It wns set on foot !
by tho court and tho action upon It was tbe
unanimous action of tho court. And it was
not done with a view of maintaining tho
dignity of tho Individual members of tho
court, but wo took tho action In question
because wo regarded tho publications which
are now under consideration as being an
attempt to stllla Justice and prevent a de
cision In favor of tho stato in tho caso of
tho Stato against Kennedy, which was then
pending beforo this court. The essence of !
tho chargo is not that thero is a reflection
upon the honor or integrity of any member
of tho court, but that there was a dellberato
attempt by tho publication of theso articles
to deny a party who had pending litigation
hero a right to an Impartial hearing before
the court. In 'other words, that It was an
attempt to obstruct Justice and deny to a
litigant a fair and Impartial hearing.
Mr. Ro3owater Will your honor permit
mo to make an explanation on ray own be
half. I deny that thero has been any at
tempt made to obstruct tho court In any
case that Is now pending beforo it. My
understanding is that there Is no legltlranto
Smyth (Interrupting) As tho rcpro
sontatlvo ot one) side of this proceeding,
that Is to say the Btato, in this matter, I
object to this argumentative method of pro
ceeding. Ilxplnnntlnn Perfectly Proper.
Judgo Sullivan Lot mo suggest that tho
romork Mr. Ilosewater is now making la
perhaps In response to tho suggestion of tho
court nnd for that reason hu has a right to
his statement.
Mr. Smyth I don't want to have tho ap
pearauco ot consenting to It by my silence.
.Mr. Rosowator I am responding to tho
suggestion that thero was nn attempt to
prevent a proper and equitable finding in
nny cose pending beforo the court. As an
I '"'"Protor of my privileges, as a publisher
' ot a new8nf P", I must necessarily havo
i uoiuuiiiuiub wnai wouiu
do a proper, moderate aud respectful ills
curolon of questions pending In tho public
courts. The question pending wns nn uppll
fatten of tho attorney genoral to havo a
case reinstated hero that has been abso
lutely declared settled by the supreme court
of Nebraska nnd my Judgment was that
tho governor hnd no rlsbt to make the ap
pointment of tho commissioners, bocausa
tho supremo court had run red lines
through that part of tho charter for tho city
of Omaha that authorized tho appointment
of a commission nnd that It Ut an absoluto
blank nnd that iho attorney general had no
right to procood with this
Judgo Sullivan (Interrupting.) Then,
5c
ip
Parisian Dream City
,
.....
cent.
number In
ullrer dime
Air Ilosewater. you proceeded In Ignorance
of tho facts.
Mr. Ilcsowater That wn. my understand-
Ing and the nrllclc, tho only ono I had any
thing to do with. Is the first article. That
article was written after City Attorney Con-
pell had handed me a brief filed hero. That
brief convoyed the Idea to mo and It was
vory moderately commented on with no
dlareopcct to trio court, simply suggesting
tho Impropriety of entertaining that enso
and chiefly to ono cf tho judges who hnd
been known to have nn opinion upon tho
matter prior to tho decision rendered by
the supremo court of Nebraska In tho
vMoorrfl caso and that Is all I had to do
with It.
Question (it Hp lleloriilliicil.
Judgo Sullivan There nro two questions:
Ono Is whether tho nitlclc3 wcro published
and tho second Is whether they were calcu
lated or Intended to hinder and obstruct
tho due administration of justico and to
deny and deprive n litigant of tho frco anil
unprejudiced Judgment of every member
of this court in this case.
Mr. Ilosowatcr Tho papers wcro pub
lished; that Is tho best evidence.
Judgo Sullivan I think wo havo reached
basis upon which wo may proceed regu
larly with the hearing of tho causo and It
was suggested this morning that there might
bo a soparato trial of the defendants. Wo
think, as a matter of strict legal right, ycu
aro not entitled to a separation, but never
theless, being desirous nnd vory anxlouH to
accord you every right to which you may ho
entitled, wo havo resolved tho doubt In favor
of nllowlng you a soparato hearing, and wo
will now proceed with the case of tho Stato
of Nebraska against Tho Omaha lice, nnd
after that Is concluded tho caso of tho State
against yourself will bo taken up.
Mr. Smyth Do I understand that your
honor will proceed with this caso without
our having nn opportunity to mnko our proof
of theso allegations?
Judgo Sullivan Tho defendant In open
court confesses tho publication or thejo
articles.
Mr. Smyth If that Is the understanding-
Mr. Slmcral No, your honor, The I)eo
Publishing company docs not so admit la
Its answer.
PiiliHslilnis Company's Cnf.
Judgo Sullivan What I say Is based upon
Mr. Iloeiewnter's open statement here.
Mr. Slmcral 1 do not deny i.ho publication-
Judge Sullivan Do you appear for Mr.
Ilosewater?
Mr. Slmcral I appear for The Bee Pub
lishing company.
Judge Sullivan My statement goes no
further than to say that he admits tho pub
Ileal Ion, but ns to the effect of it, I do not
understand that ho makes any ndmltnlon
Mr. Slmcral I nm ready to so on with
tho case of The IJeo Publishing company
Judge Sullivan Aro you ready, Mr. At
torney General?
Mr. Smyth I am not ready to go on with
the case of The Hoe Publishing company.
We expected to proceed with the case
against Mr. Ilosewater this afternoon, pio
vldod he had taken the pcsltton this after
noon which I had expected ho would take
this morning, but we now find that ho Is
ready to go on. I am not ready to go on
ut tills hiomont, although the other caso Is
ready. Hut I think we can proceed with
both caseo, or with Tho Hoe Publishing
company first, and tho other one afterward.
Judgo Sullivan You mny proceed, It being
established by the admission of Tho lieu
and its counsel that the artlclcu worn pub
llshed ao alleged. Let mo say to counsel
that It will he ttnno .aory to mako proof of
the fact of tho case of the State against
Kennedy. Tho court will take judicial
notice of the fact that that ca3e has been
pending from tho tlmo the petition was filed
and the summons served.
Nniytli Gcttlnif Himself Srnlnh.
Mr. Slmcral As I understand, your honor,
tho Information la nt variance with the
facts; no such cnBo as that sot forth In
tho Information wns pending. There may
be a case of that kind pending, but It Is not
the one cited in the Information.
Mr. Smyth I will file at enco for tho
purposi, of raiSng the Issue or for tho pur
poso of meeting the suggestion of counsel
tho record In the caso of tho Stato ex rel.
tho Attorney General against Kennedy. You
have got tho record of that here?
Mr. Slmeral If I may suggest here, your
honors, so that tho record may bo kopt
straight tho Information sots forth as fol
lows: "Thero was and still Is pending in
said court a certain causo for tho niUuJIcii
Hon and determination of this court wherein
the Stato of Nebraska on tho relation ot
Constantino J. Smyth, attorney general, Is
plaintiff and Frank A. Kennedy, Matthew C.
Colliiu, P. C. Heafey, P. V. Mlskowskl were
and aro defendants and Frank E. Moorc3,
mayor of tho city of Omaha, tho city coun
cil of tho city of Omnha, William J. Droatch,
James H. Peabody, Harry C. Miller and John
J. O'Connor wero and aro lntervenors." Now
that Is tho title of tho caso with respect
to which they say an artlclo was published
and that Is the caso which they say was
pending.
Mr. Smyth I do not know whether your
honors will tako Judicial notlco of the fact
that that caso is pending or not; If not, wo
will have to Introduce tho records of this
case, showing tho original parties In It and
afterwards the motions mndo for tho pur
poeo of substituting other parties and show
ing that at the time of this publication they
wero properly described as the parties de
fendant In tho action.
Court AVII1 Hi'iMiKiiUc It.
Judgo Sullivan I think It Is folly for tho
court to profeus to be Ignorant ot some
thing which It must of ncieasity know.
This court dees know that that ense Is
pending and cannot bo ignorant of it.
Mr. Smyth Very well, then. Wa think,
your honors, that Is all wo desire to offer
In view of tho answer In thld caso and wo
rest our caso with that.
Judge Sullivan Mr. Slmeral, you may pro
cced when you aro ready.
Mr. Slmeral I will simply offer tho an
swer of tho defendant In evidence; it la
sworn to positively. I bcllavo that under
tho law that U a complete purging of con
tmnpt. That raises n. point ot law e.v
clualvely.
Judgo Sullivan You may read your an
swer; wo do not know what It Is.
Mr. Slmeral Separate answer of Tho Deo
Publishing company.
Comes now tho said defendant. Tbo Ilco
Publishing company, nnd for Its separate
nnswer to the Information tiled heroin by
the attorney general of tho Stato of Ne-
urasxa, alleges:
First-Said defendant, Tho Hep Publish
ing company, alleges that for the reason
that It Is now, nnd wni- at tho times horo
Innfter mentioned, a duly organized nnd
existing corporation under the laws nf tho
State of Nebraska, that It cannot In law
bo culltv of n wilful of ninlleloui Infnt
to Im.'iugn tho honor nnd Integrity pr tho
motives of this honorable court, nnd there
fore alleges that said Information does not
in law stato factR sudlclcnt to constitute?
an action for criminal contempt nculnst
It. the said llee I'ubllhtnir comnunv.
Second It admits that the nrtlcics set
forth In said Information were publlshca
and printed In Tho Omaha Dally llee.
Third Thli nniwerlng defendnnt denies
that said articles, or nny of them, nro In
any way contumptuuus, nor do they, or
wore they Intended, written or publNhod
for the purpose of delaying the proceedings
or hlndrrluir th duo administration t
Justice In any unit, proceedlngi or process
then pending before the supreme court ot
tho State of Nebraska.
Fourth This nn.iwcrlnir defendant denies
that there Is now. or was nt tho times said
articles wero published, n ease then pend
ing In snld supremo court entitled tho
State of Nebraska, on tho relation of con-
stnuiine J, amyiu, attorney general, nam
tiff, nirnlnn Wank A. lvimiiudy. Matthew
II. Collins, P. C. Ile.ifey nnd P. V. Mlsko-
vlikv. i't hi. defendants.
Fifth-This nnawiirlnfi defendant denies
thnt the language used In ald articles or
nny of them Is susceptible of the Interpreta
tion attempted to be placed upon them, or
either of them, by tho Innuendoes set forth
in said information, ana tins aaienaam
denies each nnd every one of the Innuendoes
set forth In said Information
l)enl" All tin AllrKiitlon-i.
Sixth-This defendant ilenlet that It did
wilfully, wrongfullv, unlawfully, mnllr
lotislv nnd cnntmpttiouslv publish cnld
articles or nny of them with tho Intent to
bring tho supreme court of tho State ot
Nebraska, nnd the Judges, Sllns A. Hol
comb nnd J. J. Sullivan, or cither of them,
Into public contempt, disrespect or ridicule
or to destroy tho honor nnd Integrity of
the said snnrpmo court, or the Judges
thereof, or to have It believed that tho
said Judges were corrupt or Influenced by
corrupt motives, or for the purpose of
destroying tho elllcncy of the said supreme
court In the administration of public
Justice, or for the purpose of trnduclng
tho snld supreme court or any of tho
Judges thereof In the due administration of
Justice In nny suit then and there pending.
Movent h l his ntiswering (leientinni uir
ther alleges that somo years ngo suit wns
Instituted by the said Attorney General
Smyth, before this lionornhle court, en
titled the State of Nebrnskn, on the rela
tion of Constantino J. Smyth, ngnlnst
Frank K. Slonrrs, ot nl., which said huh
was llnnlly determined and disposed ot
nnd rehearing denied on September 1.1,
us Is shown by the records of this
honornblo court, nnd this iitifwcrlnu de-
ilefcndant nlloaes' the truth nnd the fact to
bo that said last mentioned suit, invoivinn
nil tho Issues nf lnw and fact arising under
thnt portion of the charier or metropolitan
oltles of the Stnto of Nebrnskn, providing
for tho npnolntmcnt by tho governor of
Mm ninl iinllro nmimlxxlnii of snld metro
politan cities, nnd therefore this answeilng
defendant alleges the truth nnd the fnct to
bo thnt tho same Is res Judicata and
stnro decisis, for that nil the questions
wero In said suit fully, completely una
forever determined.
l.Htflnh Pnr fnrihrr nnswer dofondant.The
Hen l'nlillshlnir mmnnnv. nlleeps the truth
nnd the fnct to be- that prior to the publica
tions ot said articles, or any ot mom set
rorth In said Information thero had been
tiled In the supremo court n motion sup
ported by nllldavlt, setting up tne inct tnat
Ills honor. Sllns A. Holcomb, wns biased
nnd prejudiced In favor or setting nsiuo
nnd annulling tho decision of this honor
nblo court In the case Inst nbovo men
tioned, and that the article set up in tlio
first count of said Information was pub
lished as u matter of news nnd was a fair
and dispassionate comment upon tho gen
eral principles novornlnc tho ndmlnlstrntlon
of courts of Justice and wns therefore a
privilege communication puiiiisned without
mnllep. for cond motives nnd for luslillahle
ends, believing thnt the principles In said
article enunciated wero true nnd correct a
nppllcd to courts and Judges, and that In
tho publication of all of said articles this
defendant wnn but cxerclslni; Its lawful
rights under tho constitutions of tho I'nltrd
Suites nnd the stato of Nebraska, guaran
teeing the liberty of the press find tho laws
enncted In pursuance thereof.
Ninth Further answering the second
count of snld Information In reference ti
tho nrtlcle entitled "The Ethics of Justice"
Tho llee Publishing company alleges that
the same had application to nil tho courts
and Judges throughout the country nnd to
no particular court, or Judge In particular,
and wns published without malice, for good
motives nnd Justifiable! ends.
(Jooil Itpuxoiin for the Itcllcf.
Tenth Answering In regard to tho third
count set up In said Information Tho Heo
Publishing company nllegrs that It was In
formed nnd believed nnd hnd good cause to
believe that certain men who had taken nn
active, part In whut Is known ns fusion poli
tics In tho city of Omnhu nnd state of Ne
braska were giving out nnd claiming thnt
the mnjorlty of the Judges of the supremo
court would hand down n decision ousting
the. present Hoard of Fire and Police Com
missioners of tho city of Omaha and seat
ing certnln commissioners appointed by
Governor Poynter, nnd In this behalf this
answering defendant alleges that on tho 6th
day of March, mOO, the following article
was published In the Omaha, World-Herald,
a fuslonlst paper published In the city of
Omaha. Douglas county, Neb., which said
nrtlcle Is as follows, to-wlt:
Morning World-Herald, Tuesday, March C,
1900.
"A Word of Advice.
"To Omaha Policemen: You have been or
dered to work today for tho re-election of
Mayor Moores.
"Do not do It. Tlio World-Herald says
this to you as your friend.
"Tho order Is Illegal nnd this attempt to
drag you Into politics Is tho last despernto
effort of u disreputable government about
to bo overthrown.
"Wo realize that your position Is awk
ward, but your safest course will be to be
true to your public duty and keep out or
politics.
"A chanco Is nt hand (moaning thereby
that tho suprnmtv court of the State of Ne
braska would) o?t by Its judgment and
decrcn the present members of the Hoard
of Fire and' Police Commissioners ot tho
City of Omaha appointed by tho mayor and
council thereof nnd placo In olllce the com
missioners nppolnted by Govern 5r Poynter),
and you may rensonnbly count on protec
tion if you do your duty us officers nnd re
fuse to do the political work your present
superiors direct.
"THIS WOIII.D-HERAI.D."
And Tho Heo Publishing company nl
leges that It had good cause to believe, and
did bollevo nt tho time of the publication
of said article- set forth In snld third count,
that the facts therein stnted wero true.
Eleventh. In answer to the article set up
In tho fourth count of .said Information,
The lleo Publishing company nlleges the
truth and tho fnct to bo that the same wns
reprinted nnd republished without comment
from tho Grand Islnnd Journnl, n newspa
per published In the City of Grand Island,
Hall county, State of Nebraska, nnd tho
same was published In The Omaha Heo
without malice.
Twelfth. Said defendant. The Heo Pub
lishing company, denies each and every
other allegation contained In said Informa
tion, not herein specltlcnlly admitted.
Wherefore, this defendant, The Hep Pub
lishing company, prays to bo hence dis
missed wltn its coHts.
Judgo Sullivan Do you rest, Mr. Slm
eral?
Mr. Slmcral I think tho matter Is all
raised on questions of law, your honor.
TnUe Up the Other Cane.
Mr. Smyth May I Inquire whether or not,
your honors, In view of the issues now pre
sented, It la your Intention to have two sets
of arguments mndo In these cases. Will
your honors permit us to go extensively Into
tho law ot those cases?
Judgo Sullivan I think counsel would bo
entitled to bo heard in tho caso of Mr. Ilose
water in his own behalf and entitled to dis
cus? tho questions involved In this ease.
You may proceed, however, with the trial ot
tho other case now. I think that would bo
tho proper order of business.
(Completo stenographic report of the pro
ceedings will bo printed In Tho Roe from
day to dny until ftnlshel.)
EXCLUDE COLORED WOMEN
(Continued frcen First Page.)
Louis, reported a balance on hand of $1,700.
The corresponding necretary said that In
tho last two years 150 clulfl and six stato
federations hud been admitted, making n
total ot 684 Individual clubs In the general
federation, with a membership of 05,000 and
thirty-six stato federations of 2,675 clubs
with a membership ot 155,000.
Tho presidential situation remains prac
tically unchanged, with Mrs. Lowo's decllna.
tlon, however, turning large numbers to
Mrs. William Tod Helmuth of Now York.
Another eastern candldato Is Mrs. William
son of Now Jersey. Mrs. Helmuth refuses
to commit herself on the color qtuvitlon, but
Mrs. Williamson says frankly that sho is
opposed to the action cf tho board.
Tonight the Alhambni theater was
thronged with n fashionable audience, beforo
which Mrs. Hamlin Garland lectured on tho
possibilities of tho nculptor. Tomorrow tho
question of reorganization will como up.
Mr, tiinp ii Cn ml I ilntc.
Succumbing to tho pressure- brought to
bear from delegates ull over tho country,
Mrs. Lowo announced about midnight to
tho representative of the Associated Press
that sho had consented, contrary to her ex
pectation, to allow her name to be used as
a candldato for tbe presidency.
Tho Lowe supporters havo decided on this
tlckot: 'Mrs. Lowo for president nnd Mrs.
Charles Denlson of Now York n3 vice pres.
ident.
Ni-lirn Persists In Innocence.
MOI1ILH, Ala., Juno 5. A mob from
Hnurisboro, Miss., took the negro Askew,
suspected of the. outrage nnd murder of the
Wlntersteln child Saturday from the Mis
sissippi City jail last night and carried him
In a wasou to tho homo ot Wlntersteln
nenr Hlluxl. Mr. Wlntersteln. tho father,
was called out and the negro tukeri to tho
woods, where the crime was committed.
There ho was tortured with rope und tire
In an attempt to force a confession. Askew
thouch badly burned continued to protest
his innocence. He was returned 1o the jail
this morning. Mayor Nash has telegraphed
t all polnta fgr suspects to be held.
nilM.Tn MV TUP ni 1 ri:ni)H
LUITLU VII UIIj IU1I1U1UH
Indiana DcmecuU Cannot Agree on tho
Money Plank.
EFFORT TO KEEP IT IN THE BVCKG tOUND
llrj nil's Friends Wnnt Striilxht Af
II I'll! ill I n of CIiIciiko I'lnt
form Ditrk Horse for
Um or nor.
INDIANAPOLIS, lnd., Juno 5. Nearly all
the candidates and n large part of the dele
gates have arrived for the democratic stato
convention, which opens at 0 o'clock tomoi
row morning. Tho full delegation of 1,52V
members Is expected lu during the day, and
until they arrive the strength of the various
candidates cannot bo determined. Tho sit
uation In chaotic und no accurate forecast
can bo made.
The absorbing topic of convershtlon la
tho contest for tho gubernatorial nomina
tion. There are three candidates now In
the field John W. Kern ot Indianapolis,
Frank 1). Burke of Indianapolis and Nelron
J. Ilozarth of Valparaiso. Kern has the
support of tho .Marlon county democratic
organization und will bo hacked by demo
cratic Mayor Taggart, a member ot tho
democratic statu central committee from
this district. On tbo other hand, Uurke Is
In actlvo opposition to tho Taggart forces.
An element of uncertainty In the situation
is the likelihood of II. F. Shlvtly of South
Uend entering the field at the last moment,
nnd In that case an effort may bo made to
stanipeJo tho convention In his favor. A
week ago Shlvely pcsltlvcly declined to be
come a candidate, but his frlcnda among the
delegates Insist that ho has reconsidered
his decision aud will eventually permit his
name to go beforo tho convention. Shlvely
was tho democratic candldato In 1S'JI and
was defeated by Governor Mount.
Much interest lu tho convention centers
lu the battle tor national committeeman.
Shnnkiln, tho present incumbent, Is
seriously 111 ut his homo In Evaim-lllc, but
his candidacy Is being pushed by hid friends.
Opposed to him Is Mayor Taggart.
There is apparently among tho delegates
no sentiment against Uryan, nnd it is proba
blo that ho will bo endorsed for the nom
ination for president. Vice Chairman John
son and Secretary Walsh of the democratic
national commlttco aro expected from Chi
cago tonight. A platform has not yet been
agreed upon. An clement of discord Is the
monetary plank. Ono faction Insists on
a straight reafllrmatlon of the Chicago plat
form, whllo another desires to keep tho It
to 1 Issuo in tho background and light the
campaign battle on a platform largely de
voted to trusts. Imperialism aud tho Cuban
postoftlco fcandal. It Is believed by the
leaders, however, that this point will be
settled In tho commlttco room and the plat
form will bo ready for presentation when
the convention opens tomorrow.
HARMONIOUS IN MISSOURI
Democrntn United on Dockery for
Governor nnd I' Ik lit
on l'lnlf orm.
KANSAS CITY, June C Four thousand
Missouri democrats met In a huge tent
spread In Shelley park In front of the county
court house hero today at tho state con
vention ot thnt party to name a full state
ticket nnd adopt a platform. Thero nro no
serious conlllcts In sight nnd a harmonious
gathering Is predicted. On the otnte ticket
tbere seoms no question that ex-Congress
man A. M. Dockery will be nominated for
governor by acclamation. For lieutenant
governor tho contest appears to havo
dwindled down to a fight between II. H. Love
of Jackson and W. S. McCllntlc of Marlon.
The other candidates for this office nro J.
M. Lowo of KansaB City, J. W. Farrls nnd
E. A. Noonan, John A. Lee and W. S. Hryan
of St. Louis.
For secretary of state, S. II. Cook of
Mexico, chairman of tho stnto committee, is
suro of nomination, as nre E. C. Crew of
Jasper tor attorney general and James II.
Gantt of Henry county for Justice of tho
supremo court. Albert O. Allen of Now
Madrid appears to be In tho load fur auditor.
His competitors arc Frank L. Pitts of
Monroe, M. K. McGrath of St. LouK Samuel
Rohrer of Livingston nnd A. H. Kallmeyer
of Montgomery. A. H. Uolte of Franklin
nnd It. P. Williams of Howard aro thn lead
ing candidates for treasurer, with Ilolto
probably slightly in the lead. For railroad
nnd warehouse commissioner the light seems
to ho nn open one, with tho following named
candidates In tho race: W. C. Ilronaugh of
Henry, Joseph Horrlngton of Pottls, T. W.
Park of Platte, C. H. Vandlvcr nf Lafayette,
M. F. Hell of Callaway, J. U. niackmoro of
Dunklin, C. M. O'Connell of Madison,
Hnxter Hrown of Jackson nnd O. F. Guthrie
of St. Louis.
Tho convention woo called to order shortly
beforo noon by S. I). Cook, stale chairman,
who Introduced Congressman William S.
Cowherd of Kansas City ns temporary -chair-mnn.
Tho credentials commlttco today organized
by electing J. J. Ilutler of St. Iouls chair
man, a selection which makes the so-called
machine crowd fear for tho result In their
contests. Tho committee on permanent
organization decided upon Representative
Cowherd for permanent chairman, which
wna another victory for tho BO-callol antl
pollce. At tho overling session tho credentials
committee was still not ablo to report and
tho convention adjourned promptly till 9:30
tomorrow morning.
Tho most Important development of the
morning wns n story to tho effect thnt the
cnemlca of William J. Stono of St. Louis
were perfecting an organization to not only
defeat him for renomlnatlon ns national
committeeman, ibut ns ono of the delegates-nt-large.
For somo time thero has been n contest
on between ex-Governor Stono on one sldo
and Governor Stephens and William H.
Phelps on tho other. All three aro candi
dates for delcgates-at-lnrge. Mr. Stone Is
counsel for tho St. IxjuIs street railway
strikers, and le unable to attond the con
vention. In his absence his friends say
a movement has been stnrtod against hlra
with Phelps nnd Stephens tho leading spirits.
Up to this tlmo It has been taken for granted
that tho mantle of Georgo O. Vest, whoso
term expires In 1903, would fall upon Stone.
It la argued that if Stone could bo shelved
now the senatorshlp would bo a free-for-all
raco, offering equul opportunities to Con
gressmen Ronton, Clark. De Armond, Dock
ery, and possibly Governor Stephens.
Iloforo tho convention mot tho flf'cen con
gressional delegations caucused to solc:t two
members of tho stnto commlttco frcm each
district and one presidential elector from
onch district. Tho electors named arc:
First, E. M. Richmond, Macon county; Sec
ond, Clay Illggar, Linn county; Third, J. W.
Sulllngcr, Gentry county; Fourth, W. T.
Jenkins, Platto county; Fifth, William
Groves, Iafayette county; Sixth, Edgar P.
Mann, Dado county; Soventh, Herman
Pufahl, Polk county; Eighth, A. F. Walker,
Cooper county; Ninth, O. II. Avery, Lincoln
county; Tenth, Wilfred Jones, St. Lulls;
Eleventh, R. D. Lancaster. St. Louis;
Twelfth, Dr. Holne Marks; Thlrteonth, J.
M. Mansfield, Wright; Fourteenth, Jetso
Shepard; Flfteonth, Hugh Dobba, Joplln.
Holt nnd McGriMV Pool.
PARKERSBURG, W. Va., Juno C Among
tbo delegates already hero for tbo democratic
state convention that meets tomorrow Judge
John H. Holt of Huntington Is apparently
the favorite for the gubernatorial nomina
tion, with Judge Lewis N. Tavenner of
Parkcrsburg second. Levis and Flournoy
'huvo not formally withdrawn, but their 1
I headquarters show no such activity ns th'so
of Holt and fa vernier Kut since the or- I
rlal last night of John T. McGraw, who
'huvo not formally withdrawn, but
Is the pronounced democratic cntnl'date for ,
United States senator against Stephen 11.
Klktns, thero has been a boom for Holt.
Friends of McGraw nnd Holt announce that
they have pooled their Isuc3 for governor
and senator. It Is Muted thnt the Holt
itlate Includes Jamfn H. Miller, Robert Arm
(strong. John W. Davis, Homer U. McKlnlcy,
A. N. Campbell and W. (5. llennett as can
didate for tho other offices on the ticket.
EMPIRE STATE FOR BRYAN
Drinocriits Hiulorsc the NolirnxUiin,
lull Puns Over the t'lil
niuii I'lntfurni,
NEW YORK, Juno 5. The democratic
state convention today elected theso dclc-gatec-at-largo
to the democratic national
convention: David II. Hill, Richard Crokrr,
Ed It. Murphy and Augustus Van Wyck.
Altomntte: Frank Campbell, Jacob Iluppert.
Jr., C. Morgan Sanford and James Shevlln.
Elcctors-at-large: Frederick Cook of Roches
ter, Robc'irt C. Tltlio ot Huffalo.
Tho platform adopted contains no re
affirmation of the Chicago platform of 1S90,
but n declaration that tho party in the state
will support tho platform of the Kansas
City ' convention. Tho platform doclarcj
against war taxes In time ot peace, declarco
for parity of gold and rllvrr aa currency,
demnnds abolition ot nil customs nnd tariff
dutljj between Porto lllco nnd tho United
States, condemns trusts and monopolies and
entangling alliances, demands just nnd lib
eral pension laws and election of United
States senators by the people and favors the
nomination of W. J. Ilrynn.
Tho convention gave piomlse of being very
stormy, but ended quietly. The particular
feature of the convention waa the domination
of aftalru by ex-Senator Hill. Tho silver
men profess to be satisfied with the result.
Tho democratic tato central committee
tonight elected Frank Campbell chairman.
ARRANGE FOR A BIG PARADE
Iteil
Fire nnd (.rent Demount rn 1 1 on
to t'sher In .Vntlonnl Con
vention. PHILADELPHIA, Juno C Arrangements
nro nearly completed for tho parade of clubs
on Monday night. June IS, the night pre
vious to tho opening of tho republican na
tional convention. Grand Marshal General
Louis Wagner states that fully 25,000 men
will be In line, nnd ns regards red tiro and
other usual attachments of a big parade In
a presidential year, this will be the moat
brilliant spectacle In political history.
Tho committee appointed to select a uni
form bus decided to recommend silk hats,
frock coats, light trousers, black shoes and
black tics. As many clubB have already
ordered their uniforms It Is not likely that
this idea will bo ndhcred to fully. The
parado committee announces that no club
will bo permitted to carry a banner that has
not first been submitted to the committee on
demonstration.
ALASKA DECLARES FOR BRYAN
DeiiioerntK of Hie I'nr North Announce
Their Preference for the
Nclirnnknn.
SEATTLE, Wash., June 5. Tho steamer
Cottage City arrived hero today, bringing
news of the democratic convention held at
Juneau. Tho convention declared for llryan
Tho steamer Nora had arrived at Den.
nett, cutting Its way through the Ice on Mny
31, bringing Dawsonlans, who arrived at
Whlto Horse on the steamer Flora. They
bring tho first of this year's gold output.
Tho ruBh Is on from Dennett tCv Lower River.
The steamer Nowport arrived at Sitka on
Juno 1 from Westward and brought news
of rich finds ot ruby sand along the beach
of Uristol bay.
Ilrynn .Makes Uenlnl.
WASHINGTON, June C Mr. Cummlngs
read tho following letter on the floor of tho
house today:
"LINCOLN, Neb., Juno 2. My Dear Mr.
Cummlngs: 1 see that the republicans are
ctHcrtlng that 1 think n constitutional
amondment necessary for tho annihilation of
tho trusts. I havej never anld or believed
that an amendmont was necessary. I have
urged legislation vblch I believed to be con
stitutional nnd have oald that I fnvor a
constitutional amendment If the decisions of
the supremo court declare ouch legislation
unconstitutional. Tho republican party does
not want to destroy tho trusts. During this
session ot congress tbe republicans have
unanimously supported a proposition to give
tho national bank control of the currency
and trtus create a pnper money trust. I en
close a copy of my Chicago antl-tru3t
speech, which discusses tho question of con
stitutional nmendment.
"Yours truly, W. J. HRYAN."
Idnlio Dciiiocriits Meet.
LEWISTON, Idnho, Juno 5, The state
domocratlo convention to elect delogates to
the national convention met this afternoon,
with John Halloy, stato chairman, prosldlng.
For temporary chairman tho Governor
Stouncnberg forces nomlnnted E. M. Wolfo
of Elmore nnd tho opposition forces II. C.
Jackson of Ada. Tho vote resulted 114 each
and tho chairman declined to decide. On
the second ballot tbe Steunenberg mon lost
thrco votes nnd Jackson wob elected. This
gave tho appointment of the credentials and
other committees to tho opposition. An ad
journment wns taken until tomorrow morn
ing to allow tho Shoshone county contest to
be thoroughly Investigated,
DclCKiitCN to Kiiiixiih City.
JACKSON, Miss., June 5. Two hundred
and fifty delegates, representing twenty
eight of tho Bovonty-flvo counties In Miss
issippi, met In representative hall tsday.
Sonator II. D. Money, Scnntor-clcct A J.
McLaurln, Governor A. H. Longlno nnd Hon.
it. H. Henry were selected es delegates from
the statc-at-Iargo to the Kunsas City con
vention. Kllcuwooil Niiined In Ohio.
CALDWELL. O., June 5. Hon. L. W.
Ellenwood ot Marlcttn was today nominated
by tho democrats of the Fifteenth district
for congress by acclamation.
Illckley Is Voinhiuled.
DAYTON, O., Juno C U. F. Illckley was
nominated for congress by tho democrats
of tho Third congressional district at Ham
ilton. Huron Will 4'clclirutc .
HURON, S. D April 5. (Special.) At u
lorgely attended meeting of business men
nnd citizens, of which R. O. Richards was
chairman nnd H. J. Rico secretary, It was
decided to hnvo a grand celebration hero on
July 4. Committees wero named to take
chargo of tho various departments and secure
speaker, amusements and such attractions as
will bring to tho city pooplo from every di
rection. Theso committees are now at work.
o New PlMifup Cini',
SAN FRANCISCO. Juno 5.-The health
olllce reports nothing now In the plugun
situation, thero being no denths or
suspected case reported within tho last
twenty-four hours.
The ntlorneys for the Chinese Six Com
panies will todny apply for an Injunction
In tho federnl court to prvent the health
board from further interfering with the
liberties of tho Chinese In tho quarantined
Hoctlon of the tit:.
CltlzciiN Ask for Stute Mllltln.
ST. LOUIS, June 5. The Btrlke situation
has assumed such a serious phase that
toduy fifty prominent citizens united In a
telpgrnm to Governor Stephens usklnu him
to call out tho mllltlu for tho protection of
life nnd property.
Iinnieime 'Wheat Crop In Knimfia.
TOP13KA, Kas., June 6. Kansas Is nbout
to harvest another Immense wheat crop,
and like last year, the farmers report a
scarcity of farm hands to handle the crop.
Today a number of delegates In nttendanrn
at the oml-centennlnl meeting Milled upot
the Santa Fe olllclul and were .successful
In sec urine a rate of one-third fare for
harvest hands In pnrttes of three or mor-i
from Missouri river point to tho wheat
belt. Juno 10 to July 1.
lliinned for Triple Murder.
WIMilAMSPORT. Pa.. June p.-Wllllnni
IT. Hummel was hanged here today for tho
murder of his wife und her three children
on November 16, 1SW Hummel married a
widow with three children nnd n werk after
tho wedding he uuarreled with Ms w fe.
While she and the children were slroplnz
ho killed them with nu nxe.
Ilnr Tntmeco for Minister.
CEDAHVILhE. O.. June fi.-At today's
session of the Reformed Presto lerlnli synod
a resolution was passed prohlhlltng tho
churches from ordaining ciders and pres
byteries from licensing and ordaining younsr
men to the ministry who use tobacco In
nny form.
fi:i
Tin: giant mnnvoons.
I) I 111 c ii 1 1 nnil I'nltiiliiUtnir l.nlior
in
Ciillfnrnlii FnrcfttN.
It Is n most interesting sight to Lchcld ono
of theso giant redwoods fall, reports tho
San Francisco Call. Tho process of cutting
Is effected through tho use of the ax anil
tho saw. All nxca arc donblo-factvl, tnrough
which much time Is saved In sharpening.
Sometimes tho axes start the cut on both
sides of the trunk nnd at places about dpo
site each other through the thickness tf Iho
tree. After thn chopping has penotrattd to
a depth ot about two feet on each bldn tho
saw Is started In tho line of Incision and
the Job completed with that Instrument.
Generally, however, the direction In which
the tree Is to fall Is determined and tho rut
I mndo In that side to a depth of from ono
to thrco foot. Then the choppers rnss to the
opposite side and begin sawing at n polht
several feet higher than, tho placo of In
cision. As the saw nioviw through the hotrt
of tho giant hu begins to sag down on tho
sldo where tho wound Is gaping. In (Iritis;
this ho lifts apart the rut nnd opens tho
section which the fw Is making, thereby
keeping frco play for the saw. This is aided
at times by driving wtilgcs at tho place
whero the saw entered.
Presently It Is npparent that the r.ectlon
Is opening wider and that the tree Is be
ginning to lean away from the cutters. They
continue with their work a moment longe",
then Is heard the cracking of tho wood
fibers In front of tho saw teeth. Another
swish of the saw and the noise Increases.
They glvo a report llko firing pistols and
the rapidity of detonation ot a Untllng gun.
The Bounds, getting even moro rapid,
presently become a contlnuo'-'H roar. Then,
If you are standing near by and tho tree Id
large, ycu will get tho impnnsion that
everything above Is coming to earth; that
tho whole forest Is falling. Tho great mns
starts slowly to topple, cracking and explol
lng over louder at Its bate, until with a
fearful momentum It comiu sprawling
down, cracking and crashing nnd roaring
and hitting the earth with a clump nnd
thump a If a whole broad'iile ot thlrUcn
lnch bombs had simultaneously struck u
bastion.
Thn choppers quickly run over tho trunk
with their axes and cut away all iho
branches. Almost before you ran recoVsr
yourself tho long stnlk Is bare of limbs and
then tho men begin crosccuttlng It Into irga
or sections of from twenty-fcur to thirty
feet, ns long as It Is desired that the boirdn
Into which It Is to bo reduced nt tbo mill
shall be. This done, the logs nro peo'cd ot
their bark, tho crowbar being usc.l to piy
off tho thick Integument, which Is roniotlTcs
a font In depth, the log being turned with
Jackscraws, when such Is practicable, to get
at tho under Bide.
diiiccrnlliK John.
Chicago Tribune; "I want .toifiskvrui
about John," the caller. n.ald, lo tun-fumlly
physlclan. ''In nil our1 married llfu vdvo
never had a bit of trouliTT iti getting' nlong
together till this yenr. I don't think there's
anything the matter with his mind, hut he's
cross and dlsacreeahle. He sits around and
sulks, and If anybody spenks to him ho soya
ho wants to be let ulone."
"Is his appetite good?" asked the doctor.
"Just ns good ns It ever wns."
"Then there's nothing really the matter.
It's simply spleen."
"That's what I tell ma. She thinks It's
hlsj liver."
I'oetrv,
Detroit Journal: P"-lntr nn Interval of
several minutes the edllir nnd the poet con
templated each other with Implacable fury.
"This Is a poem on snrlng, I presume!"
sneered tho editor, nt hist.
"Not only on spring, but on both sides of
Iho pnper us well!" shrieked the pool, de
llantly. Here the editor roso nnd clutched the fel
low bv tho throat, frothing at the mouth
th while.
PILES CURED
WITHOUTJTHE KNIFE.
ITCHING, I1I.IM), lll,K12m.(' OH PRO.
TIlliUINi; PILES.
NO CURE, NO PAY.
voim nmiRfiiT.
WHOM YOU KNOW TO 1112 It H MA II I.E.
will tell you that ho Is authorized by tho
manufacturers of Puzo Pile Ointment lo re
fund tho money to every purchaser where
It falls to euro any enso of plies, no matter
of how long standing. This Is n now dis
covery which has proven by actual testa
that it will euro 95 per cent of tho cnbcs.
Cures ordinary enses lu six days; tho worst
cases In fourteen days. Ono application
gives euso and reBt. Relievos Itching In
stantly. Can be sent by mall. PRICE 50c.
If your druggist should fall to have It In
stock send us COc In postago stumps nnd
we will forwurd the sumo by mull. Your
druggist will lull you that we nro .reliable,
as wo are well known by overy druggist
In the United States. Manufactured by thn
Purls Medicine Co., St. Louis, Mo. Wo aro
also manufacturers of the well known Rem
edies, Lnxatlvn Hromo-Qulnlne Tnblots and
Grove's Tasteless Chill Tonic.
BMPnUND.
In Tnblct Form 1'lcnaant to Take
Hold under bon&Uda cuarantAA to our th follow
Inffdti'tiei: Ktdnry nt I.lvtr IMieair tvtr nnd
A guts ItliruinfttWnt, flek nnd Ncrvoui llrndftrhe,
Krrlprtat Hero Tula, Kfinalr ComptuInU, Catarrh,
Jndlfrf tlon, Neurntglu, Nervous AfTVrtloti, DjvP
la, CAtiftllpatUiii accompanied ono or more ot (ha
following ejmt-'totns: I'nln In aide back under
banldrr bUdr, amotlicrtnv cntatlone, palpitation
of tbe heart, tired fttUvg In tbe mo mint, pour
rpetltei routed tuncun, blutebri tie ptaiplr on lb
faiet bad tntl In tn njuulb, roaring-, bttcclna;
aoundi In tbo lirnd bud mrmor;, eour, alrk or
ttloulf d fttnmnch. paint In (he bead. dUilnrit head
obe. rtttlonneM at night, Might eweot, bad
dream, ffrllng nf fear, tl(Tnt of limb akin
trouble. dUpacltlon to neglect duties und In
Ability toeonrcntrat th mind upou tbe detail of
Vilni. porealo hr all druffaUt.
1)U. W. . JllUIUIIAHT.CInclnnof .
BOYD'S
Woodward A Burgi'is,
M?re. Tol. 1319.
a iii. vi;i:ic.
.Mntliicc AVeilneoilny mill Nn n rilny.
The Greatest Piny of the Pcr!od-Our Own
Production
Quo Vadis
Personally Conducted by O. 8. Woodward.
Prices Wc and 25c.
Base
Des Moines vs Omaha
.lonM TileSiluv. .Ilili.i ft I.ihIImu
Day (lame called Uroundi Utu and
Vinton titrecti,
Bail