The Omaha Daily Bee.
OMAHA, WEDNESDAY
f f X' 1 "V f r-lm- t 1:1 ti . - . . . .
wmuiui, uuiuj.Jiu li'Ul L VJ1j V iii l'AWJSS. SINGLE COPY PIVK HMXTS
( ,
S1CSBEE IS QUIZZED
Iivutigatm Ask What la Tld Ethliy a
jr tka Eniay's WhtruboaU
DIDN'T SAY THEY WERE NOT IN SANTIAGO
Witcasi Imiits Ha Merly Paid Ha Had
Net Bean Tham There,
CORRESPONDENT REPEATS PHILIP'S WORDS
"Look at That Fellow (Ere-akljn) Going Out
to ea."
RAYNER HAS ANOTHER ROUND WITH EVANS
loTrn'a Cnmmnnilrr Stick to Ortslnat
Line ncsnlte I'rmlilrnt Crnaa
(JiirntlonlnR Sampson's
tirrU Cnlletl.
WASHINGTON. Oct. 1. The Schley
court of Inquiry made good headway today,
concluding with Admiral F.vans and hear
ing three now witnesses, although the
testimony of one of thorn wits not con
cluded when the court adjourned for the
day
Adtnlrnl Bvans' testimony was along thn
same general lines At was his statement
of yesterday, but some points were pre
acnted In greater detail In response to
questions by Mr. Hayner. Tho new wit
nesses were; Captnln Slgsboe, who com
nnnded tho Bcout St. Taut during thn Ban
tlsgo ciinpalgu, Thomas Dlenalde, a news
taper correspondent who was on Texua
during tho battle of July 3, and Chief Yoo
man Oustnvo B. Decker, who was a clerk
to Admiral .Sampson during the war. Cap
tain Blgsbce's testimony covered hU com
munications to Commodore Schley upon the
lattcr's nrrlval off Santiago, May 28, 1898,
nnd at subsequent dates nnd dealt with
the state of the weathor at that period,
lie wns asked a great number of ques
tions by I bo court. Mr. Dienaldn described
the loop of Ilrooklyn as seon from Texan.
Mr. Decker testified as to dispatches sent
, by Admiral Sampson to Commodore Schley.
Thn proceedings of tho day began as
usual with the recall of former witnesses
who had completed their testimony for tho
purpose of making such verbal corrections)
In It aa they might dealrc.
General rympathy was expressed on the
part of the members of the court and those
In attendance with Judgn Advocnta Lenity
because of thn death of hln slstor, which
occurred yesterday. Captain Lenity waa
present when thn court convened, but Im
mediately withdrew.
Captain Miller, who commanded the
collier Merrlmac before It was sunk by
Lieutenant Ilobsou, was called for the pur
poso of correcting the official record of his
testimony given yesterday.
Crnaa-Rinmlnea Kvnna,
Admiral Kvans was then recalled. Mr.
Rayner began his Interrogations by asking
the witness concerning tho secret code of
.signals for communicating with thn Cuban
insurgents near Glcnfuegns. The admiral
sitd that when Captain Chadwlck com
municated this code to him he did not In
struct him to glvo tho Information to Com
modore Schley. Mr. Rnyner then ques
tioned the witness especially as to his In
l tervlows with Commodoro Schley after the
battlo of Santiago.
"Yesterday," said Mr. Rayner, "I was
speaking of n conversation which 1 thought
you had at Guantanamo on July G. I find
I havo ma do a mistake about that and It Is
necessary for mo to repeat my question. I
'uppnse you will answer In the same way."
Ho then asked: "Did you havo a con
versation with Commodoro Schley July 4,
fomrtlnm during tho morning between 8
nnd 1" o'clock on the flagship at Santiago,
'in thn course of which you used language
as follows: '1)11 you know that Jack
Philip started to run away at the beginning
of tho battle?' to which Commodoro Schloy
(replied: 'You are mistaken about that,
'Evans, I saw nothing of tho kind.
Brooklyn made a turn and you must see
tho tnctlcal situation that made It neces
sary?' "
"I do not remember being on board
Brooklyn on tho 4th of July. I think It
wh tho oth, at Guantanamo. I am quttn
posit lvo I was not on board Ilrooklyn
off Santiago but once and that was a long
tine beforo that. Aa to tho conversation,
1 nevor said anything to tho effect that
Captain Philip had run away or attempted
to run away. On thinking over last night
wbat did occur with reference to Texas,
I think Commodore Schley and I discussed
the position of Texas when tho fight be
gan, Texas wan lying with ts head to
the east when the engagement began and It
turned with starboard helm and headed off
In tho same direction as the reBt of us. It
fired first with Its port battery and then
put Its helm to starboard and headed In
the same direction with tho rest of tho
ships, I think that question was discussed
with Commodore Schley. I cannot be suro
of It, but that I over Intimated that Cap
tain Philip attempted to run away with
Texas Is preposterous on tho face of It."
I inifr rrnoe on Ilonrit Brooklyn.
"Were not the commanding officers called
tin board the flagship Ilrooklyn by signal on
thn morning of May SO after Colon was
discovered?"
"They were."
"Can you tell mo, or do you recollect,
uVut took place at tho conference of the
commanding officers at that time?"
"Commodoro Schley was In the cabin of
Brooklyn when we assombled and there
wns a general talk about thn Spanish fleet
having been located at last at Santiago,
"I do not recollect any special conference,
t don't think It was In the nature of a con
ference, I do not recollect now that the
officers were (inked to express any opinion,
t remember having a conversation with
pommodore Schley about thn effect of the
Bghtlng batteries on the ships, In which I
lold hliu of the experience w hod had at
Inn Juan and expressed the opinion to him
Ibat It was not worth while to risk Bhlps
Jalitlng shorn batteries alone; that I did
lot think anything would be gained by It.
In the case under, consideration the Spanish
Ihlps were present In the harbor. The coa
litions were changed nnd we would have to
lake the risk of tho fire from the batteries
t order to get at them. I remrmbcr Com
odoro Schley remarking before we left
hat he felt that the country held him re
sponsible; that the ships should not be
5 sked under the Are of the shore batteries
itll the Spanish fleet was destroyed."
Intruded Aflwresalon,
"I want to call your attention to the re.
of Captain McCalla of tho Marhlehead.
I page i26, of thn appendix, whlrh says;
mmodate Schley explained to the com-
ttfcatliiued on Third Page.)
BACK AT GERMANY
A Hytrin Will ItcneiT Commercial
Trent) nn Ileal nf Ihr ir
Tnrlff I. bit,
LONDON. Oct. 1. The correspondent of
tb -ies at Vienna gives many additional
and -eetlng details concerning tho
8tfttem.v 'dished In the Ruda Pcath Hlr
lap and", i.'crs and confirmed by tho
Magyr Nem.'. Hungarian semi-official
organ, to the Cu it Austria and Hun
gary will decline i -,-r tho commercial
treaties with German, 'he basis pro
posed by the German.
The statement, which was given In tho
form of n communication from promlncn
Dcrltn politicians, says that the Hungarian
premier. Koloman de Siell, In conjunction
with tho Austro-Hungarlan minister of
foreign affairs, Count Goluchowskl, and the
Austrian government, have Intimated to tho
German government that no treaty of cam
mercp can bn concluded with Germany along
the lines of thn projected German custom
tariff.
M. de Szell has stated that he opposes the
projected German tariff. In order to main
tain the peace of Kurope, as well as to pro
tect the economic Interests of Hungary. It
Is also esserted that M. de Bzoll's action
may save from disaster the German Im
perlal chancellor, Count von Uuelow, "who
would rejoice to bo rescued from tho tariff
deadlock."
UK Ft LIN, Oct. 1. The minister of com
merce, Herr Moellor, speaking at a banquet
ypstorday evening In connection with the
sittings of the German Commercial Diet
declared the government was In a difficult
position. It must admit that commercial
treaties for long periods wore necessary and
thnt higher protection for agriculture was a
political necessity.
HELEN MORTON'S BRIDAL VOW
Ilrr Flnnrc, the Count, linn the I'npeVa
Sigurd (or n I order's
Mnrrlnire.
PAIU8, Oct. t. The marriage contract
between Miss Helen Morton, daughter of
Levi P. Morton, former vice president of
the United States, and Count Boson do
Perlgord, n son of the duko of Talleyracd
Perlgord, was signed hero today In a law
yer's, office in tho prcsenco of tho two fam
ilies. The marring,' will tnke place next Satur
day at St. Mary's Catholic church. London
Tho witnesses of tho marriage will be Mls
Morton's cousin, F. Grand D'Hautevlllo, and
W. C. Kustls. third secrotary of tho United
States embassy In London, for Miss Morton,
and Huron do Sollllers and Count Louis do
Perlgord for Count Doson de Perlgord. Tho
Mortons went to Iondon this afternoon.
RUSSIAN PRINCE SERVES TIME
llnllnn Authorities filv lllm Tntentr
I)na on MtrriiKth of Ilelng
n Anarchist.
ROME. Oct. 1. Tho Russian prince,
Nakachldze, who, with his wife, was ar
rested as an anarchist, having entered
Italy in defiance of the antl-anarchlst reg
ulations, was sentenced today to twenty
days' lmprlnonraen'. The, prince protested
that be was not an anarchist, though ho
was n nationalist, adding that he was u
legitimate pretender to tho Russian crown.
The prince was condemned to death In
Russia In 18S7 for conspiracy against tho
czar and was expelled from franco In 1890
for making bombs,
UNPLEASANT JFOR THE KING
O'llrlen Vrim Thnt IMinint'i Visit to
Ireland Heroine I)r iiionslrn
tlnn of Dlaroiitriit,
DUBLIN. Oct. 1. At a meeting of tho
United Irish guard hero today, tho lord
mayor of Dublin presiding, a letter of
apology for absence wns read from Wil
liam O'Hrlen, M. P., who expressed a hope
that If tho king visits Ireland next year
tho league will arouse a spirit which will
convince his majesty that ho has come
among a people discontented and disaf
fected to tho core, only neodlng arms and
tho training of tho Doors to testify to
their hatred of England's rulo with an elo
quence equal to that of tho unconquered
South African republics.
LODGE CUTS MS TRIP SHORT
Henator from Mnaanchnaetta Itrvlarn
Ills Pinna neennap of Chnngr
In Frrslilrnc-.
''opyrlght, lfrtl, by Press Publishing Co.
LONDON. Oct. 1. (New York World
Cahlegram Special Telegram,) Senator
Henry Cabot Idgo has orrlved In London
from the continent and will set sail for tho
United States by. the steamship St. Louis
Saturday. This determination Is due to
tho change In tho presidency. Senator
Lodgn, Interviewed on tho subject todsv.
said: "Tho present situation In the United
States Is such that I cannot prolong my
stay in Europe. There is much work to
be done and I must return."
SEEKS AGREEMENT ON CANAL
Ambnsanilnr Chimin Pinna Trln n
I n It nt Slntra to Pnah
Trenly.
Copyrlnht. 1901. by Press Publishing Co.1
LONDON, Oct. 1. (Now York World Ca
blegramSpecial Telegram.) Ambassador
Choate hns applied to the Stale depart
ment for leave of absence nnll proposes to
sail for New i ork Saturday week. It Is
belloved that Mr, Choato's visit to Wash-
ngton Is inspired mainly by his deslro to
secure an agreement on tho canal treaty,
Hough, of course, he also has personal
roasons for undertaking the trip.
MAY SUGGEST A DISSOLUTION
loch In l.lkrlj to lit- Wood's Course
In WrllliiK Ihr Culinn
Convention,
HAVANA. Oct. 1. The constitutional
conontlon h.ts directed a letter to Gov
ernor General Wood Informing him that
the changes which he suggest should bo
made In the election law will bo made.
It Is probable that General Wood In hj
reply will suggest a dlsbolutlon.
roB Hinders n vlRntlon,
LONDON, Oct. 1. Early fogs today aro
hindering navigation on the coast. There
has been tho usual crop of minor casual
ties. The steamer Kennells, from the Isle
of Man to Glasgow, with 200 passengers on
board, went ashore on the Mull of Gallo
way. There was great excitement among
the people on board, but there was no
danger of loss of life,
a i mrca
WILL WAIT FOR BEIKLEJOHN
Committee Cendoctiig Hemp InTaatigatiai
QraiU Hit Request.
TO BE HEARD IN NOVEMBER AS HE DESIRES
Ui-Vnstor Tlmraton tlrtnlned n !)c
fend Virginia Xrsron Aanlnst
Propoard IJIaf rrtnchlse-
ment. gv.
(Krorn n Staff Correspondent.)
WASHINGTON. Oct. 1. (Special Tele
gram.) Word has been received from ex
Assistant Secrotary of War George D,
Melklejohn that he desires to bo beard In
connection with tho Investigation now In
progress by tho subcommittee of the sen
ate relative to an alleged deal to corner
the hemp output of tho Philippines, In
which It Is alleged ho figured with Adjutant
General Corbln, ex-Assistant Secretary of
tho Navy Allen, ex-Assistant Attorney
General Doyd and Colonel H. 0. Holstand
Melklejohn telegraphed from Denvor that
ho desired to attend tho mcotlngs of the
committee but that ho was then enroute
to Mexico and could not appear for Borne
little time. Tho committee todny took ac
tlon on this telegram and decided to hear
ail the testimony In tho case, but to with
hold Its report until Mr. Melklojohn can
be heard, which will bo about November
1, when he expects to return to tho United
States,
.VeKroea Iletnln Tlmraton.
A telegram to a Washington newspaper
from Richmond, Va., where tho constitu
tional convention of that state Is In ses
hton, says that thn negroes of the Old
Dominion do not proposo to be dlsfrnn
cblsod without a hard fight and that ex
Senator Thurston has been retained In
behalf of thn negroes of Virginia to fight
In the United States courts tho suffrage
plan to bn adopted by the constitutional
convention. Ah Senator Thurston is In Ne
braska tho report could not ho confirmed,
although James H. Hayes, a negro lawyer
of Richmond. Is authority for tho state
ment that Mr. Thurston has accepted tho
rase and Is ready to begin work as soon as
called upon.
Wnltcr T. Kotcham of Omaha, formerly
of Washington, Is making a short visit
here with friends and relatives.
Depnrtment .otra.
Rural free delivery service has been or
dered to bo begun December 2. at Madrid,
Doono county, la. The route embraces
thlrty-slx square miles, containing a popu
lation of 8.15. A. II, Hlttman was np
pointed carrier.
Rural free delivery has also been ordered
at Wyoming. Jones county, the area cov
ercd being thirty square miles and the
population served 505. II. J. Cook was -op
pointed carrier.
Postmasters nppolnted:
Iowa Kathbun, Appanoose county, J. M,
Alder.
South Dakota Msloney, Day county, Miss
E. Frost.
Luther Clow of Pierre, S. D has been
awarded the contract for tho construction
of a water system at Standing Rock Agri
cultural school on his bid of $7,ftr,3.
The Western National bank of Now York
has been approved as a reserve agent for
the Commercial National bank of Charles
City, la.
Tho postmaster at Mitchell, fl. D., has
been allowed an additional carrier from
November 1.
Drs, A. II. McGrlght and C. It. Churchill
were today appointed pension examining
surgeons at Fort Dodgo, la.
The following rural delivery letter car
riers were appointed today:
Nobroska Lincoln, Clinton Pound; Co-
zad. Arthur Ferris; Scribner, Frank Tur
ner. Iowa Dubuquo, Ezra Gregory: Hamnton.
Charles A. and Jon Ololfeliy; Sao City,
llobert T. doling; Wnll Lake, J. M. Hayes;
Wapello, John G. Grimes; Sumner, O. A.
Lleycllyn; Newton, Ora Winn; Diagonal,
W. O. Goodale.
Tho secretary of the Interior has ap
proved a patent of !)0182 acres In the
Cheyenne and Evnnston land districts.
Wyoming, to tho Union Pacific Railroad
company.
The secretary also today affirmed the ac
tion of tho general land office In rejecting
tho application of John H. McCain to
enter n tract In the Douglas land district,
Wyoming, as a Bolillcrs' additional home
stead entry, also refusing his application
for an extension of tlmn to enable him to
seek relief from congress.
MAJOR HAWKES ON THE STAND
Glvra Ilia Version of OrRnnUntlon of
.Mnnlln lto(e Onmpnnf nnd
.siiivk Apportionment.
WASHINGTON, Oct. Tho senate com
mittee on military affairs today resumed
Us hearing of the fharges against Llouteu-
int Colonel II. O. S. Holstand. Major
Hawkes, continuing his testimony, asked
that Colonel Helstand produco a memoran
dum made in May. 1899, by the colonel and
himself, In which $160,000 of the promoters'
stock of tho Manila Ropn corapnny was ap
portioned. Couasel for Helstand said his
client hed no knowledge of such a docu
ment, hut would Bcarch for It.
Hawkes said his recollection was that
hi; and Helstand, by tho terms of tho
memorandum, were to have HO.000 of tho
stock and that Oenernl Corbln, George I).
Melklejohn, Charlrs II. Allen, James E.
Doyd, W. W. Dudley nnd L. T. Mlchener
wjro to recelvo the remainder In portions.
Only Helstand and Hawkes were present
when tho apportionment was mode. Hawkes
idded that no testimony he should glvo
would connect Corbln, Molklejohn, Allen or
Uoyd personally with tho transaction.
Itrrnlla l.rllrr of Introduction,
Hawkes detailed a conversation with
Helstand In October, 1899, In which
Helstand fold him that Corbln anil Allpn
had withdrawn from the combine, and that
.MoiKiojoiin had asked for tho return of
Hawkes' letter of Introduction. It was
?lven to Heistond. Hawkes said Helstand
Miggcsted to him thot he burn the rest of
the correspondence, but ho did not accede
o that proposition.
During tho dny it wns developed that the
telegram from Gcnoral Otis, relatlne In
sites for tho hemp factory nt Manila, was
auiircsseu to tno adjutant general. .A let.
ter from Acting Secretary Sanger said
there was no record of a dispatch to Gen-
oral Otis which called for the reply.
Major Hawkes told of a conversation
with Genoral Corbln relative to a settle
ment with Helstand for his service in con
nection with tho hemp company. He said
General Corbln told him tho hill ought to
nn paid and to make out his hill and lis
(Corbln) would forward It through military
chaunels. General Corbln had Informal
him emphatically that he was not In the
- -
(Continued on Third Page,)
'' "" ' 11 ... .
HIS GRIST OF APPOINTMENTS
I'realilcnl .nine !rprnl fnr llecog
nltlon In Three llrnnrhca
of (im eminent.
WASHINGTON, Oct. 1. The president
today made tho following appointments
War Colonel of cavalry, Louis
II
Sucher; lieutenant colonel of cavalry,
Oeorgj S. Anderson: major of cavalry. Joh
Ci Gresham; captain of cavalry, Clyde
Hawkins; first lieutenants of cavalry, Wll
Ham F. II. Godson, George Stuncnberg
second lieutenants of cavalfy, Talbot SmIMi
James E. Abbott; colonel of infantry,
Charles It. Paul; lieutenant colonel of In
fantry. Harry I Haskell! .first lieutenants
of Infantry, A. Christie. William Point
Walter O. llrown; second lieutenants of in
fantry, Melville II, Fechhclracr, Robert K
spnier, Horace F. Slkos, Jennings II, Wll
son, Frederick O. Kcllond, John C. Murphy
Kowiami s. Pike, William JI. Screws: sur
geon of volunteers, rank of major, John C,
oreenewaltj assistant surgeon of volun
teers, rank of coptnln, Edwin M. Trook
nsslstant surgeons, rank of first lieutenant
Herbert Maloy Smith, Cosam Julian Dart
K'lt. Evan Dark Howoll; first lieutenant
artillery corps. Elllron I Ollmoro; second
lieutennnt artillery corps. Walter V. ICot
cnett, B. o. Abbott, Morris E. Locke.
Marlon I), Wllholt.
Hiaie united stntes consul at Baltlllo,
Mex., A. H. Williams, New Hampshire.
Navy--Assistant Burgeons, rank of lieu
tenant Junior grade, Lewis Wilson Dlshop,
Arcnin.iia n. fnuntleroy.
CABLE PROBLEM COMES UP
Cnlilnrt Dlaetiaara .nllon' Itlahl
to
Grnnt l.andliiR Privilege
nt Mnnlln.
Washington, Oct. 1. Thcro were five.
of tho eight members present at today's
meotlng of tho cabinet. Attorney Oencrat
Knox, Secretaries Long, Hitchcock and Wil
son and Postmaster Gcnoral Smith,
Tho principal subject discussed was that
of a cablo to Hawaii, Guam and tho Phil
lpplnen. Propositions havo been mado to
lay a commercial cable from San Francisco
to connect thrso Islands and tho question
tindor discussion wns whether, undor our
peace treaty with Spain, tho United States
would authorize or In any -way encouraKO
tno laying of such a cable by private par
ties, unucr a franchise obtained from
Spain some time beforo the Into war the
exclusive right to coble connection with
tho Philippines wns Mecured by a foreign
corporation Undor tho treaty of Paris thj
unlied States obligated Itsolf to protect nil
property rights In tho archipelago nnd tho
question now at Issuo Is whether permis
sion to land the proposed eablo nt Manila
would be a violation of tho terms of the
rsrls treaty. Tho attorney general will
prepare a statement for th president cov
ering nil of tho questions Involved
I
ASSEMBLE FOR MEXICAN TRIP
UrleR-nte to Cnngrrss of Amrrlcnn
Republics Ilnve First Mret
Init In WnaliloRlon.
ABHJNQTON, Oct. l.-fh United
.
States drlegaten to tho Congress of Amer
ican Republics held their first sefcwlon this
nrtcrnoon at thn State department. Thero
were present William I. Ruehanan, John
Harrott, Chorles M. Pepper nnd Volnev
v. foster. Tho fifth dolccnte. ex-Senatnr
Henry G. Davis, has not yet reached Wash
ington.
Acting Secretary Aden of tho State de
partmcnt presided at the meeting. Shortly
after 3 o'clock tho dclegntes ns o body
called by appointment on the president to
pay their respects.
Mr. Fox of the Bureau of American Ro-
publics, who Is to net us secretary to the
united Mates delegation, Is making ar
rangements for thn equipment of a sneclnl
rain, which will convey those deleiratcs.
together with n number of representatives
of the Central and South American re-
pudiics, irom wusntngton to the City of
Moxlro by way of St. Louis. It Ih In.
ended that this train shall bo a model of
excellence, from a railroad point of view,
and every care will be taken to Insure tho
comfort of tho passengers.
MORE LANDS FOR SETTLERS
Two Inillnn Iteacrvatloim in
the
.nrthnmt honn to lie Open
lor Kulry.
WASHINGTON. Oct. 1. The Interior de
partment Is rapidly completing plana for the
opening of tho Fort Hall (Idaho) Indian
reservation. Tho dato for tho opening lias
not yet been fixed, as the preliminary work
has not been completed, but It Is expected
that tho reservation, which contains 400,000
cres, will bn thrown open to settlement
within a few weeks. Tho Qulnault rcberva
tlon In Washington, comprising 300,000
acres, probably will be thrown open to set
tlement next spring. Tho contract for sur-
eylng tho reservation is about to be
awarded. Commissioner Herman of the
general land ofllco said today that It was
probable thn old "tooner" system would be
adopted nt tho opening of both these reser
vations. CHAFFEE ANSWERS INQUIRY
Wlrea Wnr Deportment thnt Nurprlie
of Molillcru Vt'na Hue to llvrr
rontlilence In .Nnllica
WASHINGTON, Oct. l.-The following
cnblegrom was received at thn War depart
ment this afternoon from General Chaffee:
MANILA. Oct. 1. 12:23 n. m.-AdJutnnt
General, Washington: With reference to
our telegram of the 30th ultimo, will rnliln
names of the mlnnliu enlisted men iih soon
ns ascertained. Tim company wan rushed
t 6 o clock In the morning by a large body
f bolonicn. ntinut 4W. General Hunhru
hliiks thp surprise wan due to the conll.
denco of thr commanding otllcer. In nsner-
ona of frlenilshln from the natives, lie-
suits of the Investigation will be cabled as
soon ns obtained. PHAFFKK.
This message is In response to one sent
o General Chaffee by General Corbln Sun-
ay. Immediately upon receipt of tho news
f the disaster to Company C of the Ninth
n fantry.
ItlilKlcy Sivnrn In.
WASHINGTON. Oct. I. -William n. Rldg-
ley of Illinois, who was recently nppolnted
comptroller of tho currency to succeed
harles G. Dawet, resigned, took tho pre-
scribed oath today and entered unon the
lutles of his office. Mr. Dawes resigned to
enter the campaign In Illinois for United
Staten senator and will leave for that stato
omot row.
AllnrniT for TopeUii District,
WASHINGTON. Oct. l.-The president
has decided to appoint J. S. Dean a United
I State at
Jtrlct, vie
lorney for the Topeka (Kan.) dls-
e I. E. Lambert, resigned
MANDAMUS AGAINST nAYERL
uprtm Conrt Issues Alternatl Writ in
Dilai Oeuity Cut.
ARGUMENT TO BE HEARD OCTOBER 15
OutKriMTlh of Dispute Over HIrM
Kleet Count)- Commissioner
Stnte Appenra With Itnll
rond Sulla.
(From a Staff Correspondent.)
li.ncul.-s. oct. i. tspec:ai.i--iiip hi
promo court todny Issued an altcrtmtlv
writ of mandamus requiring Clerk David
M. Hacrly of Douglas county to Issue ,t
notuo of an election to ho held ou No
ember 5, IHOI. nnd to Includo hi the uc
tico a can far the election of a county
commissioner for the Second commlsslone
district. Tho application wns madfl by
' ommifsloner James P. Connolly through
his attorneys, Smyth nnd Smith. The ills
trict named In this order Includes thi
First. Second and Third wnrds of Omnha
Tho writ Is made returnable on October IS
at which time tbo court will hear tho is
sues In tho case. This nctton of the court
Is an outgrowth of a dispute as to what
district Is entitled to tho election of
commissioner this year, claims being mads
lor both tho Second and Fourth districts,
Juilne Snlllinn .Still Dlanlilrd
Tho second sitting of tho fall term was
begun nt 10 o'clock this morning, Judges
Norvnl and Holcomb and nil members o
tho commission bolng present. Judge Sulll
van has not sufficiently recovered from
Injuries sustained in a runaway accldnnl
to nttend to his Judicial duties. It was
reported from Columbus today that he has
suffered from two fractures, four sprains
nnd sixteen contusions, all resulting from
being thrown from the carriage as tha
horses started to run.
Stnte Aiinliiat Itnllrnntla.
The cann of tho Stato against thn Mis
souri Pacific Railroad company, Instituted
by tho former attorney general to recover
penalties, was submitted to tho court this
morning on a demurror filed by tho de
fendant. Tho cases of the Stato against
tho Rook Islnnd nnd Union Pacific rail
roads, nlso Instituted by tho former at
torney general, were passed, pending fur
ther action by tho referees. All stato liti
gation beforo tho court today was nttendod
to by Deputy Attorney General nrown.
Attorney Genoral Trout being nbsont.
IlntiKlna County .Sentence Alllrmeil.
Having completed all business on tho
call, the court adjourned lato thla after
noon. Opinions wcro delivered In forty-ono
cases. Tho Judgment of the district court
of Douglas county, finding Stanlslav Corvy
guilty or criminal assault, was affirmed
His sentence Is for thirteen years. Thn
derision in Roinoelm against State, from
Holt county, In which the defendant waa
sentenced to trn years for a similar offense,
was also affirmed. The other decisions hv
the supremo court are of local Interest only,
Htntp Fnalon Hrndqunrtera.
The atato headquarters of the demo
cratic and populist central committees
havo boon established In tho Fltzaarnld
building, 1111 North Ninth street, this
rlty. The selection was mado by Chairman
L. Hnll of tho democratic committee
and Chairman Do Franco of tho populist
committee. F.nch committee will havo a
suite of rooms and tho work of tho cam
palgn will bn carried on Jointly, tho of
fices being situated so that tho two chair
men may Keep in closo touch with each
other.
Jiiugo conrad Hollonbeck of Fremont.
fusion nominee for sunremn ludee.
n the city today conferring with his politi
cal mnnngcrs.
"I havo uot decided definitely on anv
Plans rnr the cnmpalgn," said ho. "I am
tho hands of the committees, but of
course will do all In my nownr fnr tho
uccess of thn entlro ticket. Thoy will
uui iuii nueiuer or not i am to tlo anv
pen King uuring the campaign."
elirnaUn Crop Condition.
The following statement regarding crop
conditions Is obtained from tho State
Bureau of Labor nnd Industrial Statistics:
Wheat The total acreage for tho stato Is
466,000 ncrca, mado up of about 1.45C.000
cres of winter wheat, and about 1,000,000
spring. In this connection it might he
well to call attention to the fact that hern-
after Nebraska can bo classed among the
inter wheat states Instead of tho spring
wheat Btatos, as herotoforo, as this acreago
will Indicate. During tho past season tbo
whrat acreage has been increased nulto
materially In the South Platto territory.
whllo It has decreased In tho north. In tho
aggregate thn acreago Is nbout 10 per cent
larger than that of last year. The average
yield per acre for tho stato Is 20,5 bushels,
making a total crop of fiO,227,484 bushels.
Of this It Is estimated that 36 per cent will
grailo .No. 2 nnd 30 per cent No. 3, This
avorago Is mado low by tho very poor
unllty of tho spring wheat.
Oats The original acreage of this cereal
was somewhat less than that of n year ago,
mis years being 1.577,93(5 acres. Of this
thero wns harvested about 86 per cent, or
i,dtj,zc3 acres, showing an averagn yield
per aero on that harvested of nbout 20.7.
This would glvo a stato yield of 28,287.707
tiusnols. rot over 15 per cont of this, it u
.ill.. 1 ...111 I - . - n ...
wiu.c, mil Kiuua no. wnuo 60 ner
cent win grnao no. 3, the balance No. 4 and
lower.
Corn The report on this cereal Is based
n tho Individual opinions of tho dealers
nd whllo tho figures hero given may not
reflect tho ultimate results of the crop thoy
ro ueiioven to Do pretty nearly accurate.
Tho reports Indicate that tho cron win
vorago about 49 per cent compared with
tho crop of last yoar. Of tho nrmnn-
rlginally sown It H bellovod that about 33
per cent was cut for fodder. Tho feedlne.
s compnrcd with last year, will bn murk
less, tho reports Indicating but 31 por cent.
The porcentugo of last year's crop raised
Is given at 43.2 per cent. This would Indi
cate a crop of about 05.121.000.
Coiil for Slnlr Institution.
The Stato Hoard of Purchase and Supplies
met today and began opening bids for sup
plies for state institutions for tho ensuing
quarter. The principal piirchane to bo mado
this meeting Is that of coal. The board
xptcts to complete its labors tomorrow or
Thursday.
Ilr;nna Celrlirnte MnrrlnKi
Dlltr.
Mr. and Mrs. W. J. Hryan tonight cele
brated their seventeenth wedding anniver
sary and the fourteenth unnlvcrsary of thalr
removal to Nebraska from Jacksonville, III,
small party of friends was entertained at
their home, 162.0 D street, and later all
cnt to Mr. Hryan'8 farm near Normal
suburb and witnessed the clearing of n slto
for his now home. Mr. flryan will sell
his I) street homo and remove to the farm
soon asitbs house there Is completed.
Continued on Third race,)
CONDITION OF THE WEATHER
Forecast for Nebraska- Fair Wednesday
iinu iiiursdiiy, Variable Winds.
Temperature In Omnhn Vralerdnrl
Hour. lieu. Hour lieu.
" ". in til i, ni t;i
n, in or, p. in 114
7 n, in.,,,,, ill ;t i, in.,,,,, 117
n, m as .( p. in ilr
l n. in tin r, p. ni l.
10 n. in tin it i, in, .... . til
11 n. in,..,,. ."17 7 P. in...... II'
IU in tilt S p. ni ns
ti p. in nu
RIXEY AND C0RTELY0U LEAVE
McKlnlrj- T'ntully I'll) alclmi nml In
nVfntlfcntilr Secretnrj Go tlnrk
to Vt'nahltifftoti.
CANTON. O.. Oct. 1. Dr. Rtxey. Mrs
McKlnley's physician, left Cnnton tonight
for Washington. In his nhsenci' she will
be under tho carp of Drs. Phillips an,'
Portman. Dr. Phillip has been for manv
yours ono of the family physicians of the
late president nnd Mrs. McKlnley and Dr,
Portman has frequently boon consulted by
them. Dr. Rlxey will be avallahle at anv
time and will come to Canton whonoxrr his
services are needed.
Secretary Cortelyou returned to Washing
ton tonight, but will return In a few davs.
Ho will make frequent trips In the exer
cise of such supcrvlnlon as may be required
by thn matters coming under his rhargo ns
one of tho administrators of the McKlnley
estate.
Dr. Rlxey said today that Mrs. McKlnlev's
condition Is such that nil her friends arc
very hopeful that no chango for the worse
will occur. He said ho had no npprehen
slon of the near future nnd that the general
health of Mrs. McKlnley Is as good as It
wns n year ago.
GREENHILL MENTALLY WEAK
Dnulrl sin; a Ilia Ilrotlier Wlio Con-
feaaril Mnriler nf Sinter Is
Irresponsible.
DE ROTO. Mo.. Oct. 1. The confession of
W. M. Oreenhlll that he nnd his brother
Daniel murdered their sister, Mrs. Sadlo
Uren nnd John Maloy Is repudiated by
Dnnlol Greenhtll, who says his brother Is
weak minded. Tho cnnfeislorr wns not mado
In writing but verbally to tho prosecuting
attorney, Mr. Williams, In the presence of
four witnesses. Culob Andrews, who whs
held ns an accessory to the murder, has
boon ndmltted to bond, ho being practically
exonorated In William Oroenhlll's confes
sion of actual participation In tho crime,
It Is now known that Daniel Greenhlll en
gaged counsel thn night of tho murder
within fifteen minutes after It occurred.
When aBked why hn needed an attorney, ho
replied that ho believed he might rosslbly
bo Implicated.
Daniel Greenhlll Is nbout 20 years old, has
borno a good reputation and his statement
nnd bearing today left tho Impression on
many that ho was not directly concorncd In
tho crime.
OHIO BOARD IS POWERLESS
Flint RaniHrera Decide They Cannot
Incrense Itnllronrf Vnlnra Aa
Johnson llemnnda.
COLUMBUS. 0 Oct. 1. The state board
of equalization derided today that It had
no powor to Increase tho value of the rail
roads of Ohio as appraised for purposes of
taxation.
The board wns guided In its action by
tho opinion of the nttomey gonerol. A de
mand was made upon the board by Mayor
Johnson of Cleveland that thn appraise
ment of tho railroads of the state be raised
to 60 per cent of their valuation ns ahown
by tho market value of their stocks and
bonds. Ho claims that their present ap
praisement Is only nbout 21 per cent of
their vnlue computed on this basis. Mayor
Johnson had declared that If tho state
board refused his demand hn would bring
mandamus proceedings to compol It to
accedn to It.
BARBERS SNUFF THE CANDLES
Contention nt ShkIiiiiit Hold Seaslnn
for Member Wlio llniti
Died Thla Vcnr.
SAGINAW. Mich.. Oct. 1. Tho Journey
men Barbers' National union began ita tri
ennial convention here today with 540 dele
gates In attendance. Threo years ago nt
Nashville. Tonn., tho lnrgcst previous con
vention, tho delegates numbered 103. I'resl-
dent Jacob Fischer of Anderson, Ind., pre
sided. After the appointment of a creden
tials commlttco, tho convention went into
i memorial session for dead brothers, Upon
tho cnllng of tho slxty-nlno nnmen of doad
members, that number of candles, which
had been burning, wero extinguished.
BLANCHE BATES HAS MALARIA
a Overcome lille Plnyliiir nt De
troit nml Unmoved to a
lloaultnl There.
DETROIT, Mich., Oct. 1 Miss Blanche
Rates, who Is playing the leading fcmtnlno
roln In Frohman's "Under Two Flags," at
tho Detroit opera houso here, was taknn to
Grnco hospital today. She Is suffering
from n severe attack of malarlnl fover. Hor
physician nnnouncod tonight that It would
bo several days before she would bo nblo
to rcsumo her work. In tho meantime. Miss
Helen Waro will fill her placo In tho com
pany.
FUNERAL OF JACK HAVERLY
rlrmla of tlie Mlnatrrl ICIiir In .Inn
.llnUe It a Fitting
Affair.
BALT LAKE CITV, Oct. 1. Funeral
ervlros over tho body of Jack H. Hnverly,
who died In this city Saturday, wero held
tho opera houso this afternoon. Mnny
friends of tho former "minstrel king" nnd
II the theatrical people of tho city wcra
In
attendance. Tho stage was draped In
crcpo and tho casket was literally cov-
red with floral offerings. Thn rcmulna
will bo taken to Philadelphia for Inter
ment.
.Movement of Ocenn Veel, Del, I,
At "ev Vnrk A rrll-ed.-l 'Inntt, frn.
Glasgow; MeH.-iba, from London, flailed -
ervlii. for Livernonl: Kron I'rlnz Wlllielm.
for Hrenieii. via Plymouth hiuI Cherbourg.
At Liverpool Arrived Australasian, from
Montreal; Huenos Ayrrnn, from .Montreal,
la ninsgow.
At Queenstown Arrived -Wnesland, from
hllndelphla, for Liverpool.
At Chorbriurc Arrived Pennsylvania.
from New Vork, via Plymouth, for Ham
bun:. At P yninut i-Ho ed-Crnf Wn dersee.
from Hamburg, for Now Vork.
At Movlllo Arrived Aneliiiiiu. from New
Vork, fnr Olnsgow, nnd proceeded
At Rotterdam. Arrlvml -PoMpi mm. frnm
New York via Boulogne.
At rKliimt- pnsffd Kintuck from T;i
in iiniui'i irom in-
via Coronet, etc , and
I., lor Vnltcd Kingdom
coma anu ho;iiii
St Vincent. C. V.
Land continent .
RACE IS CALLED OF!
Lack tf Wild Spoilt Anothtrof thi Iattrn
tfiial Ytoht Triali.
SHAMROCK QUITS HALF MILE IN LEAD
Only Bmi f tba Daj is Diitinotly iq
Sjcamora's Faw.
BARR OUTGENERALS HIM AT THE 8TART
Tanks Ikippar Cromi Lint ii Windward
Btrth.
NEXT RACE WILL BE SAILED THURSDAY
Inlerrat In It la Onlr Increnaed li
thr lleault of Tnrailnr'a Hr-
cranl IIimt Titer Feel
Ahout It.
NBW VORK. Oct. 1. While there was no
meeting at the New York Yacht club to
night of either the challenge or the regatta
commlttco It wns Intimated that the cup
committees of the club and the representa
tives of the Royal Ulster liub might have
a meeting speedily with regard to having
tho yachts raced on consecutive days. Such
action was taken two years ago, after a
number of postponements, because of lack
of wind similar to tho conditions which
ptevnllcd today. It requires an agreement
on tho part of both clubs to have races
milled on consecutive days and It Is likely
thnt another postponement may bring this
about. It Is posslblo also that soma sort
nf a meeting may be held tomorrow, Tho
next race, hnweier, will not bo sailed until
Thursday, although there may bn a raco
Friday.
NBW YORK, Oct. 1 Today's attempt to
sail the second of tho present scries of In
ternational yacht races for tho blue ribbon
ot the sea was n dismal failure. Between
2S.000 and 30,000 people, who crowded thn
pleasure fleet on Sandv lionk lightship In
thn hope of Bering a repetition of the thrill
ing sport of last Saturday, witnessed In-
strad morn of n drifting match than a race.
Tho wind was exceedingly light ami va
riable, at times falling so low that tho pen
nants, which aro ns light ns thistle down,
hung limp against tho masts of the big
slnglo stickers. Tho wind, with crews lined
up on tho lee rails, was not sufficient at
any time to mako thn racing machines heel
to their Unco. At tho end of the four nnd
half hours tho two yachts covered less
than one-half of tho prescribed courss of
thirty miles, nnd as there was no possi
bility of their finishing within thn tlmo
limit tho regatta commltteo declared tha
race off.
Nhnntrnck Qnlta In Lend,
When the gun was fired announcing tbh
decision thn challenger was nbout halt a
mile ahead of the defender. To that extent
today's trial was a victory for Rhamrocl:
II. But tbo fluke today demonstrated little
as to tho question of supremacy between tho
two boats, except porhaps thnt Sir Thomas'
new champion is morn dangerous in light
airs than was supposed after Its two former
meetings with tho whlto flyer to which the
patriots aro pinning their faith. In fluky
winds of vnrlable strength shifting, as they
did todny through alx points of the cotn
pai.s, luck cuts almost ns much flguro ns
modol nnd soamaiiBhip, nnd today fortune
was unmistakably with the foreigner.
Tho course was an equilateral triangle,
ten miles to the leg. The Ynnkcn skipper
at tho stsrt outgonernlcd his adversary
in a linn plecn of Jockeying, crossing tho
no In the windward berth, twelve seconds
ahead of thn BrltlBher. This advantage
Columbia held for two hours, while both
yachts steered far off their course to thn
southward, trolling for n streak of wind.
Finally Borr declined to longer continue
tly vain quest. He put his helm down
and headed Inshore on the starboard tack.
Syrnmore Una I.nck,
Shamrock nt this time, after both hod
been sailing In the same airs, was a beaten
boat and Kb skipper could afford to tnkn
gamblor's chancn with fortune. He held
doggedly on and fortuno trolled upon him.
Within Ave minutes ho got a brecin out of
tho south, which ruffled tho crcstless seat
and wafted him like a ghost past Columbia.
Hut this was not his bost pleco of good for-
uno. After this revorso Columbia, sllnnlne
through the sens at an nstonlshlnK nacn
considering tho lightness of thn breeze, had
worked out ahead of Shamrock, but to lee.
ward. When tho two yachts wero In this
position, about two miles from tho first
urn, a cant of the wind threatened In
bla'nket Columbia nnd to avoid snoh a possl-
oiiity narr wont under Shamrock's stern.
Just as ho did so tho wind hauled axound
morn to the south, knocking Columbia head
orr and It seemed hoaded almost back for
the lightship u tho startlna linn. Tim
golden boat, favored by tho samo breesr.
was headed In exactly tho opposite direc
tion. Then the shifting wind barked avsln
nd when Darr got Columbia stralahusned
out ho waa n third of a mllo astern. In
this position tho two boats rounded the
rat mark, Shamrock three minutes and
Ight seconds beforo Columbia, or a oaln
for Shamrock In tho hunt to windward.
adding the twelve seconds which Columbia
Deal It over the line, of threo minutes and
twenty seconds.
Another Una to fie Deelured Off,
During the next hour In a close reach
for the second mnrk, tho yachts wore able
to covor about four or four and a half
miles of tho remaining twenty, and as onlv
fifty minutes then remained before the ex
piration of tbo tlmo limit, tho men wn
oclared off. After turning tho mark tho
exports thought Shamrock Increased tha
cad slightly. This gain may. however, bn
accounted for by tho fact that It carried a
argo reaching topiiall, whllo Columbia was
orking closo to tho wind with a tm.nii
habyjlb, a morn handkerchief romnared tn
Shamrock's larger fall. When tho excursion
lien iieaoeil back for home thn only real
raco of the day occurred. It waa the race
for Now York. Tonight both the Yankees
ml the forelgnors am uraylna for a mod
tiff breeze on Thursday, when today's raco
in no rcsallcd.
Llptuii
It lie I iik i:ei liny.
Always
optimistic. Sir Thomas Upton
today, after thn race, was In the best of
ptrlts. Hn said.
"I really don't tee anything on which to
aso a definite opinion regarding tho two
boatn. While Shamrock was leading when
he nice was called off. thorn's nnthlnx
bran about Todjy. whlln the wind
wet
(h
Jj
weie very light, them was little fluking,
vein differing from last Thursday'a
breezes, which la epou failed utterly.