Daily Bee.
ESTABLISHED JUNE 19, 1871.
OMAIIA, THURSDAY MOBXIJiO, '.MARCH C, 1902-TEN PAGES.
SINGLE COPY FIVE CENTS.
The
Omaha
SO HELP JOR BOERS
Intervention of United States is Bought in
Vain by Delegate!.
PRESIDENT POSITIVELY DECLINES TO ACT
6ayi Government Cannot and Will Hot
Interfere with War.
STANDS BY STRICT NEUTRALITY POLICY
Hewn. Wolmarana and Vessels Urge Plea
. for Intervention.
WANT ' MULE SHIPPIN V BE STOPPED
I-r..rT liar Kxplaln. ft.
Ksnlaln. ' li. V
Hark Traflla ' and lbv t
State Department to 4
Preheat It.
WASHINGTON. March 6. Messrs. Wol
tnarana and Wessels, the Boer representa
tives who came to the United Statea from
(Europe for tbe purpose of conferring with
the aecretarr of atate. have achieved their
purpose.
They were received by Mr. Har at 11
'clock thla morning., It was distinctly un
derstood that the Boers were to be re
ceived as private eltliene end not In an
official capacity. Secretary Hay talked
with them freely with this understanding.
The principal object of the delegates was to
Induce the United States government to do
something to terminate the present bloody
struggle In South Africa. They were not
very specific as to what they wanted and
apparently would be satisfied with almost
anything from Intervention direct to
a - simple - tender of the good
offices on the part of the United
Btates. Secretary of Stat Hay heard them
attentively and promised to consider their
representations and to do whatever he could
to ameliorate 'the conditions In South
Africa. But he pointed out that the presi
dent was the prime authority la such mat
ters and he recommended that they see
President Roosevelt and ascertain his
Views. This they agreed to do and will be
received at the 'White House in the same
Unofficial way.
Call at tne Whit Hanae
Later in the day Messrs. Wolmarana and
Weasels, accompanied by Dr. Frederick
Mueller of the Orange Free State, called at
the White House. They were received by
President Roosevelt in the library and re
xnatned with him about fifteen minutes.
They called aa private citizens and not la
their official capacltr aa Boer representa
tives. Mr. Roosevelt llettened attentively
to what they had to say and then .Informed
tbera thla government cannot and will not
Interfere in the struggle.
A matter of complaint by the delegates
was the shipment of horses, mules and pro
visions from the United States for the Brit
ish forces in 8outh Africa. Secretary Hay
went over thla aubject very carefully with
them, citing authorities and ' precedents,
which he pointed out conclusively estab
lished tfair tack" of authority on tbe part of
the general government to prevent the
' American farmer from ahtpplng his stock,
and the atock raiser from shipping his
produce to any part of the world be de
aired. He also pointed out that tbe gov
ernment's attitude in this matter toward
the South African war had been strlotly
neutral and that the government had done)
nothing to prevent shipments of commodi
ties to the Boer forces. .
IMPORTANT MEETING TODAY
Conference of Railroad Men to De
termine Coirie af Traffle As
sociation. CHICAGO, March 5. The existence of
aeveral large traffic associations will de
pend largely on the outcome of a meeting
of executivo officials called for tomorrow
at tho office of J. C Stubbs. The meet
ing will be the second of this character
thla week, and it is expected some decision
will be reached regarding the retention of
many terminal agreements, which many
officials adroit are In violation of the laws
which tbe president and the Interstate
Commerce commission Insist must bo
abandoned.
There have been no withdrawals except
that of the Chicago 4k Northwestern. The
Northwestern will bo represented In to
morrow's meeting, but it is asserted
that no effort will' bo made to get the
company to loin tho Omaha committee. It
la also maintained that the Omaha com
mittee can be run without the Northwest,
ern, and thla la taken to mean that the
officials of the Northwestern have agreed
to abide by the will of the majority, al
though not a member of the organisation.
A canvass of the lines today showed that
the allaged withdrawal of the Alton and
tha St. Paul from the Kansas City com
mittee Is untrue and tho officials of the
Rock Island denied tha rumor that they
ccutemplated aeverlog relations with all
traffic organisations.
WOODWARD DENIED RE'TRIAL
Man Convicted of Mnrderlngr Sheriff
Bicker Appeala te Sapreme
. Conrt.
CASPER. Wyo.. March (Special Tele
gram) Tba motion of Charles Woodward,
convicted of murdering Sheriff Bicker, for
a new trial, waa overruled today by Judge
Bramel and tbe case will now be taken to
tbe supremo conrt. Tbe attorneys will
have everything tn resdiness by next Mon
day. when the case will bo taken to Chey
enne.
Attorney Henst today withdrew from tho
ease, leaving Attorney Bennett to defend
Woodward alone. Woodward did not look
the least worried today, and greeted his ac
quaintances with smiles and pleasant
words. Sentence will be suspended pend
ing the finding of tho supreme court, which
will probably bo returned before May or
June.
CHASE THE COUNTY ATTORNEY
Cltlsees geek to Chasttae A. T.
lev for Sain Ilia Op.
peaeata.
at.
CASPER, Wyo.. March 8. (Special Tele
gram.) Citiseoa freely crittcUe tho action
taken by County Attorney Alexander T.
Butler In the suit for libel brouglt against
173 of the leading cltisens of this county,
and several atteinpta have been made to do
him personal harm, but thus fsr he has
escapad. Tbla afternoon several men
rhased blm two blocks, but the attorney
waa fleet of foot and reached homo without
being overtaken, .
REVOLUTION JS A FIZZLE
Chief Inatlaater of Servian Treacle
Killed and Adherents
Arrested,
BELGRADE, Servla, March 6. An ex
traordinary attempt to start a revolution
waa made thla morning at tbe frontier town
of Shabats by a raid under the leadership
of Alavantlcs, a relative of Prince Kara
georgevlch. the pretender to the Bervlao
throne. The only result waa that Ala
avntlca waa killed and his adherents were
arrested.
Alavantlcs, with a handful of followers,
arrived at Bhabate from Mltrowlcs, wearing
the uniform of a general in the Servian
army, arid called to the frontier guard to
follow him. The latter, not auspectlng that
anything waa wrong, accompanied the sup
posed general to the town hall, where Ala
vantlcs ordered the men of the fire depart
ment to Join him. This motley procession
proceeded to the gendsrmerles ' barracks,
where Alavantlcs paraded tbs gendarmerie.
Two of the latter, however, whose sus
picions were aroused, escaped and apprised
commander, Captain Nlkollcs. The
it, when he arrived on the scene, called
w,.. Alavantlcs to produra soma document
ss authority for his actions, whereupon the
would-be revolutionists leader flrsd a re
volver at Captain Nlckollcs, slightly
wounding htm. Nlkollcs promptly shot and
killed Alavantlcs, whose followers were
then arrested.
CHAKIR PASHA IS ARRESTED
Tnrklah General is Held by Military
Authorities 1'iioa Order at
Saltan.
CONSTANTINOPLE, March 4. General
Chaklr Pasha, brother of the late grand
vlsler, has been arretted at Konok, Island
of Prinklpes. The sultan ordered Said Edln
Pacha, the military commander of Constan
tinople, personally to arrest Chaklr Pasha.
Accompanied by sixteen officers, Bald Eden.
Pasha started from Constantinople U a
launch, crossed the Bosphorous and landed
on the Skutari shore at 1 o'olock in the
morning. The party then took a special
train to Kartal and thence In small boats
to the island of 'Prlnklpos, when they ef
fected the arrest of Chaklr Pasha.
The successive Incarceration and ban
ishment of Important dignitaries are caus
ing widespread uneasiness here.
DEMAND EIGHT-HOUR DAYS
French Miners Will Go oa a Strike to
Ofetala Bharter Working;
Days.
CALAIS, France, March 5. The National
Congress of French miners baa passed a
resolution by a vote of 124 to 106 to the
effect that the miners must proceed to ob
tain an eight-hour day by an Immediate
general strike, without further negotiating
with the government .
Neva from Arctle Explorers.
COPENHAGEN, March 6 Letters dated
from Frani Josef Land August 17 have
been received here from the Danes who
aocompanled the Baldwln-Zelgler arctic
expedition. The vessels arrived at Frans
Josef land after trying experiences, with
all en board well. 'The America Intended
to winter at Frana Josef Land and then
proceed northward until stopped by the
toe, when the party on board waa to atart
toward the North pole. k
Ships Are Delayed.
LONDON. March 5. In eonsenuanra nf
the accident to the Etrurla no Cunard Una
steamer will leave Liverpool Saturday,
March 8, which was the date the Etrurla
waa to have aalled from the port of New
York. The malls which, under ordlnar
circumstances, would have been taken by
Etrurla, will be aent by St. Louis, sailing
from ftnuthsmnt-nn tattinh fl imt
leavlnr Liverpool the aame day and Queena-
own me via.
Me Cemplulnt oa Mssde Genne.
PARIS, March 6. Tbe officials of the
Foreign office and of the British embassy
here unite In denying tho truth of tbe
report circulated in the United States yes
terday that Mtaa Maude Oonne had aroused
the English colony by her revolutionary
speeches and that the British ambassador.
Sir ' Edmund J.' Monson, had made formal
complaint against her utterances, claiming
they were treasonable.
Oppose Sale of Islands.
COPENHAGEN, March (.New petitions
are being circulated by the opponents of
tho sale of tho Danish West Indian Islands
to the United Statea for presentation to
the Rlgsdag.. They probably will have no
effect.
Sagrar Convention Sinned.
BRUSSELS, March 5. The international
sugar convention was signed today.
GRAND RAPIDS MEN SENTENCED
One of Them, Salsbnry, la I'nder In
dictment for Defrandlngr
Millionaire Barton.
GRAND RAPIDS. Mich., March S. Ex
cUy Attorney Laat K. Salsbury and Stllson
V. McLeod were today sentenced by Judge
Wenty in tho United States circuit court.
Both pleaded guilty yestsrday to tha viola
tion of the banking laws in connection with
carrying a fraudulent chock at the Old Na
tional bank, of which MacLeod waa form
erly teller. Salsbury waa given two yesra
at tha Detroit House of Correction, the
limit in his case. MacLeod was" given the
same, although hla position as aa officer of
the bank made the penalty for htm mora
severe.
Salsbury Is also under Indictment by tha
Cook county grand Jury. Chicago, for the
alleged embeislcrneot of a large sum from
the Bartons, two Omaha millionaires. Hs
was recently convicted la tho superior
court of this city of attempted bribery In
connection with the municipal water sup
ply scsndal and la awaiting the action of
the aupreme court on that case.
CONFIRMS SUGAR PLANT DEAL
Manager Cutler Baya Halt latereet ef
Itah Company la
Bold.
SALT LAKE CITY. March 6. Secretary
Horace G. Whitney of the Utah Sugar Re
fining company, received a telegram today
from Manager T. R. Cutler in New York,
stating that a deal for a sale of a half In
Ureal la the company bad been cloaed. Tbe
names of the purchasers were not given,
but It la believed the American Sugar Re
fining company la back of the deal. The
amount involved la said to bs about $1,SU0,
000. Tbe advent of eastern capital In tha
western sugar industry will. It Is reported,
bo followed by the erection of more fac
tor tea In Utah and tho development of the
beet sugar industry oa a largo scale.
BRYAN IS OPPOSED TO MLL
Nebrukan Vigorously Aaaaili Aspirations
of Eminent Hew Yorker.
PAST NOT FORGIVEN NOR FORGOTTEN
Trnmpet Blast from Commoner'a Ed
itor Sounds for Ouslunght Against
Cohorts ef Welfert's Roost
Candidate.
(From a Staff Correspondent.) .
LINCOLN, March 6. (Special.) In the
current Issue of his paper William Jennings
Bryan makes It quite plain that he has no
Intention of supporting tho presidential as
pirations of David Bennett Hill. Mr. Bryan
aays: ,
The speech delivered by former Senator
David Li. Hill at the Manhattan club ban
quet In New York, February 22, may be
accepted as a formal announcement of his
canuiiiaey before the next democratic na
tional convention. He Is certain that Presi
dent Roosevelt will be the republican nomi
nee, and Kooaevelt Is a New York man.
He is also certain that New York will be
the battleground, and the Inference Is
natural (though not necessary) that the
democratic nominee should come from New
York and is not Mr. Hill a 'New York
man?
but In order that his candidacy might be
fairly started on Its way he outlines what
he considers a winning platform. It la
fortunate for the party that the dts.
tlngulshed New Yorker discloses his plans
early, although those who read the plat
form will observe that there Is- a familiar
ambiguity about the planks which recalls
the days when democracy platforms were
made to conceal issues rather than to present
them. First, aa to the man. As be fins not
taken the public fully Into bis confidence
we must rely on circumstances to ascer
tain the exact hour when the present at
tack of presidential fever first made Us
appearance. If the minority had secured
control of the Chicago convention Mr. Hill
would doubtless have been the nominee,
for he was the epokeeman of the minority
and was peculiarly Utted to represent the
methods employed by the gold men on that
occasion. Aa Is well known he refused to
give a single word of encouragement to the
democratic ticket during the campaign and
as a result whatever influence he had was
thrown against the party. When the cam
paign waa over he wrote a carefully pre
pared magazine article aftsalllng the demo
cratic platform and arguing tn favor of re
pudiating it. This article will be repro
duced hereafter.
r "Strength Bryan Democracy,
' At the tlmo the article waa written the
reorganize were loudly proclaiming tholr
determination ' to reconstruct the party
along the Wall street lines, and Mr. Hill
may nave been deceived as to the extent nf
the gold sentiment. The elections of 1897,
however, showed the overwhelming
strength of the Chicago platform demo
cracy, and ail talk of reorganization was
for the time abandoned. It waa during
this lull that Mr. Hill publicly admitted
that he voted the democratic ticket In lfeM.
It was so startling a piece of news that It
waa telegraphed all over the country and It
has since been reported that bis statement
could be proved by a thumb mark on the
ticket. It la not necessary, however, to re
sort to the thumb mark Pudd'nhead Wil
son's favorite form of evidence. It can
readily bo admitted that Mr. Hill after
doing all he could to defeat the ticket
voted for the candidates In order to give
htm technical membership In the party.
Whether he had fully determined to be a
candidate when - he secretly voted the
ticket, or when, after the election, he
boldly attacked the platform, cannot be de
termined, but no well Informed person will
doubt that he waa considering a future
nomination when he admitted that In the
seclusion of the booth he had solemnly as
sumed his share of the terrible responsi
bility borne by those who voted for tho
nominees of the Chicago convention.
From that day on his enerrles were bent.
not toward overthrowing the orajunlseUOn, f
but toward "changing uie piauorm. Arter
nearly all the states had reaffirmed the
Chicago platform .he changed his tactics
ana sought to prevent an reiteration of the
planks that were objectionable to him. It
will be remembered that he at first pro
tested aganst Instructions, but finally con
sented to attend the convention as an In
structed delegate. During the campaign
that followed he made speeches, but their
Influence can be measured by the fact that
they secured neither the votes, the In
fluence, nor the contributions of those who
are now most enthusiastic In support of his
candidacy.
He Is the favorite son of the reorganising
element In the democratlo party; he Is the
special representative of those who have
so completely forgotten the story of the
prodlKal son that they would place the
narental homestead on wheels and start In
hot pursuit of the wayward son, deter
mined to compel the boy to eat fatted calf
even If the husks have destroyed bis tasts
for wholesome food.
Criticises Hill's Platform.
After quoting tho platform of Hill Mr.
Bryan proceeds to dissect it In this vigorous
style:
He le sound on Imperialism, but the Kan
sas City platform Is stronger, clearer and
more explicit than hla. Hla advice to
press tariff reform comes with bad grace
from one who, as a democratic senator, re
fused to support the only tariff reform
measure passed since the civil war. As bis
silence in XiM contributed to the success of
the most conspicuous nign lanrt aavocate
in the nation It Is evident that his hos
tility to a protective tariff m of recent and
sudden growth. As for reciprocity, repub
licans favor It where it will do no good,
and democrata favor a tariff reform that
will largely remove tho necessity tor reci
procity. It Is to be hoped that the senate will act
favorably upon the resolution proposing an
amendment to the constitution providing
for the election of United States senators
by a direct vote of the people. If It does
this, the only definite and specific plank In
Mr. Hill's platform will present an Issue
already settled. The Monroe doctrine is
not In dispute; it l accepted by all par
ties, and Mr. Roosevelt's latest nieasage
removes the question from the domain of
partisan politics
Opposition to dangerous corporate com
binations of capital la entirely too vague
and Indefinite. The last republican plat
form waa stronger than that, and yet Mr.
Knox Is the attorney general. Mr. Cleve
land was much more emphatic In his con
demnation of trusts and yet he did nothing
to dlhturb them. There la not a great trust
In the country that would refuse to con
tribute liberally to the democratlo cam-
raign fund If the party would adopt Mr.
UU's anil-trust plank and then allow ths
trusts to select the candidate.
What la a dangerous corporate combina
tion T Is any party likely to declare in
favor of such a thing? If not, how can
Mr. Hill's platform present an issue?
Money Plank Dissected.
But the money plank of Mr. Hill's pro
posed platform la the most unique one.
"We believe In hard money!" How allur
ing such a platform would look to an art
ful dodger. A man could atand on that
platform and advocate gold, silver, nickel
or copper, and after eleotiun declare that
"hard money" simply meant money that
was bard to get. While Mr.. Hill's money
plank may mean anything or nothing so
far as metallic money is concerned he
wants It understood that he Is "unalter
ably opposed to Irredeemable paper
money." As the republican party does not
advocate "Irredeemable pnr money," It
is evident that Mr. H!l V not striking at
the republicans. He la imply crying to
get ever, with the populists who supported
the democratlo ticket when he sulked and
skulked. Ho can forgive the gold demo
crats who voted the republican ticket and
swallowed high tariff. Imperialism and the
trusts In order to keep the New York
financiers la control of tho federal treas
ury, but he is not willing to forgive ine
populists who were patriotic enojgh to
come to the rescue of the democratic party
tn Its hour of need. Mr. iiUl dds that
If IP anything furthor is uecaaary on
the money queatlon "a simple declaration
in favor of the general principle of bi
metallism" would answer the purpose
This simple declaration would enable a
dishonest uuui to advocate bimetallism be
fore election day and then, after the elec
tion, olace a republican construction
the word bimetallism and support legisla
tion Intended to fasten the gold standard
upon the cojntry. Mr. Hill has no word of
condemnation for tho "asset currency" or
the "branch bank." He has nothing to
say sgaluat banks of Issue or sgaiust the
filan to make the silver dollar redeemable
n gold. He plays the part of the accom
plicehe tries to chloroform the sleeping
aemocrai-y w mie - reuuoucain nnanciera re
move all the valuables from the house.
The "simple declaration" which be pro-
(Coallaued on Second Pag-).
UNREST OF JfHE, ROSEBUDS
Commlsalener Jones Opt mint le as to
Situations, hmt Others Worry
a Little.
(From a t Staff Correspondent.)
WASHINOTON, March 6. (Special Tel
egram.) W. K. Scott of Atkinson, Neb.,
recently sent a communication to Senator
Millard, stating that tbera waa considerable
unrest among the Rosebud Indians In South
Dakota, because of a contemplated change
In the method of Issuing rations to ths
Indians. Senator Millard aent the commun
ication to Commissioner Jonea with the
request that any information he might have
be given relative to tha question. Commis
sioner Jones writes a characteristic reply
and while admitting that changes are con
templated says they are entirely satisfac
tory to the Indiana. The whole aubject
of these changes, he said, had been pre
viously taken up with the head men of
the Rosebuds and after the niafter had been
explained to them they ware highly satis
fled with the changes contemplated. He
thinks, therefore, that Mr. Scott's letter Is
somewhat Incendiary In character and has
little ground upon which' to standi
Notwithstanding Commissioner Jones'
optimlstlo view of tho situation tho fact re
mains, it Is reported, that a great deal of
dissatisfaction exists among the Sioux In
diana in South Dakota and protests are
being filed in the Indian office against the
reforma which are in contemplation.
Postmaster for. Pender.
Eenstor Millard reached a conclusion today
in the Pender poetofrlee case, which haa
given him perplexity for some time. In view
of the general excellence of the candidates
for postmaster. .After examining tbe papers
on file he haa decided to nominate J. W.
Huntsberger for tbo position, vlca B. F.
McDonald. '
. He also recommends' tha appointment of
Nathan Trego for postmaster at Lena, Lin
coln county, and recommends tbe establish
ment of a new postofflce at Ferguson, Blaine
county.
Upon tho request of Senator Millard, tha
City National bank of York, Neb., haa been
designated a depository of public money,
with security to the amount of $50,000. -
President McLean of Iowa State univer
sity. F. K. Stebbins. mayor of Iowa City,
and David Brant, editor of the Iowa City
Republican, addressed the subcommittee on
buildings and grounds tbla afternoon in be
half of tbe report of Mr. P.umple'a bill ap
propriating $125,000 for the purchase of a
alto and the erection of a public building at
Iowa City.
W. J. Carroll, formerly of Omaha, but
who for the paat few yeara haa been liv
ing upon hla estate In Ireland, la In Wash-.
Ington.
Department Notes.
Ths First National bank ot Omaha has
been approved aa a reserve agent for tbe
First National bank of Baton, Colo.
Cralls Dexter la appointed postmaster at
Ware, Pocahontas county, la.
The postofflces at Newtonvllle, Buchanan
county, and Rising Sun, Polk county, la.,
will be discontinued after March -31.
Major Charles R. Kri taoff. commissary,
will proceed from ChK.go to Omaha on
business pertaining to the subsistence de
partment and upon its completion will re
turn to his proper statinp,.
Crook
REPUDIATE CANAL PROTOCOLS
Nlearaarna and Costa Blea Bay that
Laat Spring's Agreement Is
Effective Now.
WASHINGTON, March 6. Every fresh
turn in tho development of the Isthmian
canal project discloses a new obstacle.
It now appears that the protocols ne
gotiated last spring with Nicaragua and
Costa Rica, whereby those countries out
lined the terma upon which they were pre
pared to enter Into permanent treaties with
the United Statea, conveying the necessary
rights for canal construction, are no longer
of effect. Condltiona have changed alnca
then, and whenever the balance of opinion
seems to Incline towards one route or an
other for the canal the governments Inter
ested In the favored route auddenly hardens
lta terma and wanta to abandon past agree
ments. Therefore It waa necessary to draw
up new protocols, not only for tbe Panama
canal 'with Colombia, but for the Nicar
aguan canal with Costa Rica and Nicar
agua, in pursuance of tbo State depart
ment's policy of placing It within tha
power of congress to freely choose tbe
route.
GRAVE DANGERS MAY ARISE
Serlons Trenble Is Feared frea
pnted Control ef Rio
Grande Waters.
Dl-
WASIUNQTON. March G. A delegation ot
Texaa congressmen. Including Representa
tive Lenham and flayden, and Judge Nich
olson, called on Secretary Hay today to urge
that stepa bo taken to reach an agreement
with the Mexican government respecting
Joint control of tbe, waters of tho Rio
Granda river. Grave international issues
may arise at any moment from the con
fusion which now exists on the water
boundary, aa a result of the meandering
course of tha Rio Grande and the diversion
ot water by irrigation works, and it waa
represented that now la the time to reach
soma form ot agreement on these mattera.
The aubject will be brought to the atten
tion of tbe Mexican government and nego.
t la t loos pressed to carry out ths vlewa of
the delegations.
MACARTHUR UCCEEDS OTIS
Will Take Command ef Deportment ef
Lakes, Giving- Colorado to Gen
eral Fnnsten.
CHICAGO, March 6. The Record-Herald
will say tomorrow: When Major General
Otis retires from command of the Depart
ment of ths Lakes, March 24. hs will be
succeeded by Major General MacArthur.
cow In command of tho Department of
Colorado. The vacancy caused by thla
transfer will be filled by Brigadier General
Funston, who has recently returned from
tho Philippines.
TAKES UP PENF0R ITS POWER
Bryan Says He Become aa Editor Be.
eanse His Oratory Felled
te Convince.
NEW YORK. March I. William J.
Bryan waa tbe guest of the New York Press
club this evening at tho club's monthly
smoker. Hs said hs did not go Into news
paper work entirely of his own free "will.
but was led Into It after he had become
convinced that hla oratory waa not suffi
ciently clear to convince a majority of peo
ple that hla Ideas were good.
captain Riward cv,
rill proceed -to join' k jfc&i." Hdy at '.. (
J
INDICTMENTS TO BE TESTED
Flea in Abatement Involves Validity of
Grand Jury's Work.
STATE WILL FIGHT HARD TO PROTECT IT
Depaty Connty Attorney Themes
Doesn't Relieve that the Panel Can
Re Shown te Have Reea
lllea-ally Draws,
Attorneys for George A. and Charles R.
Hill have invited a atruggle with tha stats
and are to be accommodated. The Hills
were Indicted by the last grand Jury for
selling liquor without a license and their
attorneys have attacked the validity of tha
indictments by attacking the validity ot
the grand Jury Itself, but Deputy County
Attorney Elmer Thomas, after reading the
plea In abatement, which they filed with
tha clerk of the district court yesterday
afternoon, said that he would fight It at
every turn and would have the plea Itself
tried before a Jury. Should the Hills be
successful all other Indicted persona who
have not yet been tried' might follow ault
and file similar pleaa, on which It would, of
course, bo necessary for the court to take
similar action.
The Hills' attorneys. In praying that this
Indictment be quashed, tho proceedings de
clared void and tbo defendants dismlfwed,
make showing of two reasons therefore.
The first is that the persons constituting
the grand Jury which returned the Indict
ment were not lawfully authorised and le
gaily empowered to alt aa grand Jurora, be
cause Judge Baker, who was then on the
criminal bench, upon finding that ot the
twenty-three persona whose names were
originally drawn from the box In the
county clerk'a office, only nineteen had ap
peared and seven of these must be ex
cused for reasons, directed the sheriff to
summon four additional persona to serve
and, upon these persons being produced In
J. N. Drake, W. J. Mount, John Grant and
Henry Ehrenpfort, allowed them to serve
with tha twelve others whoso namea had
been regularly drawn from ths box. The
point aeems to be that tha four additional
Jurors were not duly empowered because
they were not drawn from the box, but tbe
deputy county attorney aeems inclined to
take thla contention lightly.
In their other reason, tha attorneys for
the defense call attention to the legislative
enactment which became tho Jury law ot
the state on February 1, 1901, and which
requires that in the selection of grand
Jurora in counties having a population of
more than 60,000 the county commissioners,,
acting officially, must, by choosing a pro
portionate - number ot properly qualified
persona from among tho residents of each
town or precinct, make up a list number
ing not less than one-fifteenth ot the legal
voters In each town or preclnot In tho
county, thla list to be known aa tha "Jury
list" and to be kept by the county clerk,
who shall write the name and residence of
each person so selected on a separata ticket,
the tickets to be placed In tho box from
which the Jury la drawn.
- i ' .
Complain ef lllegrnlltlea.
A. Tho defendants avn that tiirv ll.t
rtt...$r nr jirepeed lay h rctnmteajoaens
i in any manner or form whatsoever and
that tbo grand Jury drawn August 23, 1901,
was not drawn from a box containing tbe
namea of a Hat of Jurora as by law pro
vided after February 1, 1901, or In the man
ner provided by law at all," but from a
box containing names of persons "selected
and placed therein on or about January 8.
1901, by some persons to these defendants
unknown," without being properly appor
tioned to the aeveral towns and preclncta
of Douglas county and without examina
tion by the board aa to the qualifications.
exemptions, character. Integrity or Judg
ment of the men, as required by the law.
The. defendants even made the broader
claim that the list waa made in January
by a clerk in the county clerk'a office from
a list from the personal property tax list
"and from various names furnished to said
clerk by Interested and unauthorized per
sona" Concerning the effect of this alleged dele
gation of work by tho board and the
county clerk, and tbe lack of proper ap
portioning, the deputy county attorney did
not care to express himself until he bed
given the matter further consideration. He
would only say that even should the con
tention be sustained the indicted parties
would not escape, aa complaints would bs
filed, they would bo heard tn police court.
bound over to tbe district court and event
ually brought back Into tha position in
which they now are.
"In fact thla almply means," ba said, "a
lot ot work in the county attorney's office
and a lot of unnecessary expense for the
county, for tha validity of the grand Jury
and its Indictments does not affect the
rights of ths Indicted parties nor their
guilt or. Innocence. I tried to dlssusde
the attorney for the Hills to hold back tbla
plea In abatement until we could dispose
of these other minor cases, reminding him
that be would have plenty ot time for1 filing
after we reached the Hills' case, but he
declined to do It and now there la nothing
but to fight It out,"
LEVEL PREMIUM FOR OLD MEN
New System for Members Over Sixty
Proposed te Celambns Knights'
Convention.
NEW HAVEN, Conn.. March 5. Tha na
tlonal convention of the Knights of Colum
bus a as continued today, tha aesslon being
occupied with tbo discussion of tbs pro
posed constitution, especially tho articles
relating to Insurance rates.
The Connecticut councils sent In a resolu
tion asking that tha rates be lowered to a
level premium for members of ths order
who are 0 years of age and over. Tho au
preme knights wera authorized to appoint
a committee ot five to make such a revi
sion. Tho plan to create a department by which
associate members could enjoy tho advan
tage of Insurance was defeated, it to 31,
tbe council adopting the majority report
sent In by J. E. McConnell of Fltchburg,
Mass., and C. L. McArdle ot Chicago.
Movements ef Oeeaa Vessels March 5.
At New York Arrived Cevio, from
Liverpool. Balled Philadelphia, for South
ampton; Bouthwark, for Antwerp; Oceanic,
for Liverpool.
At Hamburg Bailed Pentaur, for " San
Francisco; Phoenlca, for New York.
At Liverpool Bailed Waeai and, for Phil
adelphia. At Plymouth Arrived Graf Walderaea
from New York, tor Cherbourg aud Ham
burg.
At Ouetmatowa Arrived Noordland,
from Philadelphia, for Llveroool: Teutonic
from New Yora. for Liverpool. Sailed
Saxonla. from Liverpool, (or boston.
At Houthamptoo Arrived St. Louis, from
New York.
At Havre Arrived Sesostrls, from San
Francisco, via Valparaiso, Montevideo,
etc.. and St. Vincent. ('. V.. for Hunburi
At Kobe Bailed PakUng. for Beattle and
lawiua, via auauuaiua, lur itverool.
CONDITION 0FJTHE WEATHER
Forecast for Nebraska Tartly Cloudy
Thursday; Prohatily Haln or Snow and
Colder In West Portion; Fair In East
Friday South Winds.
Tea
aar
B a.
peratare at Omaha Yesterday!
Dr.
llonr. Dec.
1 p. m...... 42
S p. m 4
R p. m 4l
4 p. na 47
B p. m...... 4N
p. m 41
T p. m 45
H p. m 42
p. m ..... . 4t
K.I
au an
T a. m
ft a. m.. . . . . 22
f a. a Stt
lO'a. aa lift
11 a. an aa
11 an. 8
OMAHA ARGUMENT POSTPONED
gnpreme Conrt Pats Off Maadamas
Matter latll F.lhteenth ef
March.
LINCOLN, March 6. (Special Telegram.)
Argument on the application of C. C
Wrlgbt for a peremptory writ of manda
mus to compel the. governor to appoint a
board of fire and police commlssionera for
tho city ot Omaha has been postponed by
tho supreme court until March 18. The
ease was assigned for hearing at thts week's
sitting, but continuance waa necessary bo
cause of the inability of Mr. Wrigbt'a at
torneys to be present.
The court thts afternoon appointed W. S.
McGlntle of Wtlber aa stenographer for
Judge Hastings, to succeed Fred MUena of
Wahoo, who has been selected by Chief
Justice Norval to fill tho vacancy caused
by the resignation of Paul Plsey of Omaha.
Prior to adjournment tonight the court
delivered opinions in forty-eeven casea,
but none of them la of special Importance.
NEBRASKA CONVENTION DATE
Chairman Llndsny Calls Repnhllcna
State Centrnl Committee te
- Met the Time.
LINCOLN. March (.(Special Telegram.)
Chairman H. C. Lindsay will issue a call
tomorrow for a meeting of the republican
atate central committee In thla city on
March 20 to determine upon a time and
place for holding tha atate nominating con
vention. Mr. Lindsay made this announce
ment after conferring with Secretary Mat
lallea by long distance telephone. They
agreed that March 20 would ba a satisfact
ory data
It Is understood that officers of tho com
mittee favor an early convention to be
held during- the latter part of June or
early part of July.
JARYIS D. HURD IS. DEAD
Intimate Friend of Bryaa and Former
Manager of Lincoln State
Joaraal.
CENTRAL CITY, Colo., March 6. Spe
cial Telegram.) Jarv la Dehart Hurd, tor
aeveral yeara buslnesa manager of the Ne
braska Stats Journal and an intimate
friend and political worker of W. J. Bryan,
died here suddenly thts morning of heart
failure. ' Yesterday hs remarked .' to a
friend that he never felt better in hla life.
He was 60 yeara old.
At varloua times ' during his life Mr.
Hurd was prominent In politics and busl-
csca l.N jT)rei;ak tth.. "Wyoming- -j, Cola-,
raao. me most unfortunate of hla busi
ness ventures waa at Ogden, Utah, where
he was caught by tha collapse of a boom.
His Influence when publishing a Wyoming
paper gave the democrata ot that atate a
majority in both branches of tbe legisla
ture. Mr. Hurd moved to Denver In 1895. Ha
opened a printing establishment and made
money. Later he came to Central City and
bought the Gilpin County Miner, paper
which hs owned at the time ot hla death.
His wife and four children are now living
at Central City, and two grown sons are
employed In Denver. He waa founder of
the Lincoln Bryan club, composed ot Ne-
braakana living in Denver.
CLAIMS HIS BID WAS LOWEST
Olaea Asks for Writ ef Maadamas
Compelling; Connty Board te
Give Him Contract.
GRAND ISLAND. Neb., March 5. (Spe
cial Telegram.) Charles Olsen filed a peti
tion In the district! court hero thjs evening
asking tor a writ of mandamus compelling
the county board to let tha contract for ths
construction of tha new court house to htm,
aa he waa the lowest bidder. Olsen's bid
in round numbers waa $77,000, and Faldort
ft Klrschke, local blddera, who were
awarded tha contract, waa 884,000. Olsen
refused to enter an agreement to complete
tha court house by January 1, 1903. He Is
also aald to have admitted to the county
board that be had made a mistake In one
Item ot $3,400. Faldort es Klrschke wera
awarded the contract on an offer to com
plete the building by Jaauary 1. 190S. and
upon the finding ot tha board that tha tat
ter's waa ths best bid. All other bidders
were above $84,000.
PROSECUTION CLOSES CASE
tate'a Side of Patrick Trial Terml
ale's with Doctors Testimony
. . en Aatopsy.
NEW YORK. March 6. Several bank tell
ers wera examined at the trial of Albert
Patrick today. AU gave testimony that
the disputed signatures were forgerlea Dr.
Donlln, who mads ths autopsy on Mr. Rice's
body, testified that tbo embalming fluid
didn't touch tha lungs. Dr. Wltthaus, ana
lytic chemist, who waa recalled to tell tbs
result of his analysis of ths embalming
fluid, waa not permitted to describe the
results of such analysis to the Jury. He
was, however, allowed to ahow tho Jury
the g'as elides on which was the mer
cury taken from Rice's body,
Ths prosecution closed Its case against
Patrick at the afternoon aesslon of the
curt. It was understood that tha defense
expected to cell about thirty witnesses.
LUMBER SCARCE, PRICES HIGH
Graadaally Decreasing- Snpply Sends
Market I'p to Prosperity
Ketch.
CHICAGO. March I. Speakers at the
tenth annual meeting of the National
Wholesale Lumber Dealers' association,
held here todsy, declared that while busi
ness in tho past year had been prosperous,
prices have bsen unusually high, because
ot tha growing shortage ot the supply of
lumber. President Lipptncott, In his annual
address, predicted that there would be a
further rise in prices of tho product unless
the aupply was replenished. .
General Counsel J. J. McKelvey argued
action on the forestry question with a view
of providing an abundant aupply of lumber
for the future.
Four hundred dealers from all parte of
tha country attended tha opening sesswa.
PRINCE BACK IN EAST ,
Completes Eii Eventful Tour of the "West
ern Oountry,
WILL. VIEW SCENERY OF NEW ENGLAND
Ii Tired Out After Leaving Milwaukee and
Disappoints Crowd.
MAKES ONLY A BRIEF STAY IN CLEVELAND
, t as i i
Stops Short Timo in Boflato and Then
,. ;.. Visits Kiagara.
IMPRESSED WITH MAGNIFICENCE, OF SCENE
Hoyal Toarlst Creases Snow Covered
Bonndary and Is Cordially
Greeted ay Official Canadian
Representatives.
ROCHESTER, N. T., March S. Prince
Henry of Prussia traveled from Chicago to
Niagara Falls today, crossed the Canadian
frontier for a brief stay, during which ha
was officially welcomed by tha Dominion,
and resumed his Journey tonight, bound for
Boston- over ths New York Central Una.
His longest stop in almost thirty hours
of continuous traveling was at Niagara
Falls, which he saw bridged In with Ice. Ho
viewed the Horse Shoe falls from Table
Rock, the American falls from ths ledge
over the whirlpool on the Canadian shorn,
rods down the gorge to a point below tha
lower , whirlpool and there Inspected tho
plant of the Niagara Power company.
He wss much Impressed by tbe falls and
as bo stood on Table Rock looking across at
tbe Horse Shoe he aald:
"It la magnificent; It la grand." ..
Prince Tired Oat.
The special train had traversed tho die-
tance between Milwaukee and Chicago, '
crossed Indiana and waa well on lta way
over Ohio before Prlnca Henry arose. Ho
waa worn out when he left Milwaukee and
he did not respond to demonstrations by
the people of Toledo and of Sandusky.
At Cleveland there was a friendly dem
onstration. -Hera Peter Karpp, formerly a
bugler In tha German army, climbed Into
the car for a reunion with the prince,
which greatly pleased both. Karpp waa a
sailor with Prince Henry back In 1S77 and
they were shlpmatea for mora than two
years. Ths prince recognised him at once
and, taking him by ths band, led him Into y
the car. They talked over tha old daya
while a crowd looked on with approval.
At Erie, Pa., there waa a great crowd.
Several women fainted.
Widow of Captain Grldley.
Mrs. Harriet Grldley and Mlaa Grldley, v
widow and daughter ot Captain C V. Grid- v
ley, the man who fought on Olympla at
Manila bay, wera received on the train by
Admiral Evans, wbo went to the naval
academy with tho dead captain, and ware
presented to the prince. ,
All through tha morning, aa tha train ran ;'
through a cosier ot Pennsylvania and out
Into the, att.olNw.. York, ;thsro a-er. . ....
crowd at the "kUttono, anxious to sea ,th . '.-.
prince and tender assuranoes of friendship.
At Buffalo Mayor Knight welcomed tha :
prince and tha local German singing ao
cletles sang. At Niagara Falla atatlon tho
prince waa met by Mayor Butler and a
large reception committee and formally bid
den to tha city. t -When
Mayor Butler concluded Dr. Wil
liam Snyder spoke In behalf of the Ger
mans of tha city. The prince did not make
a speech in response, but thanked both ot
them for their greeting.
Btepe Into Canada.
' Tha prince waa then driven to tha Cana
dian side, accompanied by a: mounted es
cort made up of local militia ' officials.
Midway on the bridge which apana tba
rapids tha prlnco was met by tha man who
spoke for tha Canadian government and
people.
Major F. S. Maude, military secretary for
Lord Mlnto, governor general of Canada,
presented the formal greeting to hla chief,
and tha Hon. R. Harcourt, minister ot
education for Ontario, delivered tha ad
dress passed by tha legislature of On
tario.
Karl Muller presented an addreaa In be
half of tha municipality of Berlin, Ont.
The German consul at Montreal, Samuel
Nordhelmer, German consul at Toronto,
and W. H. Hespeier, German oonsul at
Winnipeg, were Introduced. Tha prince
thanked the Canadians for their cordial
ity, and leaving hla American military es
cort behind waa driven to the Canadian
side. Aa hla carriage turned up toward
tha falla, tha prlnca aald:
Climbs Throaah Snow.
"You may not ba able to climb across
there, but I am going to," aald tba prince,
and suiting the action to tha word, the
prlnca Jumped out of the carriage and
climbed through ths snowdrift to tha gal
lery on tho ledge ot the rapids, to which
ha showed tho way.
After viewing the American falla the
prince waa driven to Table Rook, where
he again dismounted. Tha rlnoe ' waa
driven back to the town of Niagara Falla,
and there transferred to a apsclal electrlo
car for tha trip down tha gorge. He left
tha car at the Whirlpool rapids, and with
his suite walked down to the bank.
On returning to Niagara ho waa takes
to the power house of tha Niagara Power
company and with W. B. Rankin, vice
president of tbo plant, as hla guide, ho
made a tour of tha place. Ha asked a
number of questlona about the amount of
power generation, the means, and tha man
ner and means ot tho transmission.
When hs left he thanked Mr. Rankla for
having ahown blm through the place. As
ths party was leaving the powerhouse
Admiral Bvana fslt something tugging at
hla coat. Ho turned to find the band ef a
youthful looking pickpocket with g band
In one of tha pockets. As tha admiral
shook blm off he coolly said:
"Young man, you'll find my purse In aa
other pocket."
The admiral did not delay long enough
to turn the thief over to the police.
At S o'clock tba prince waa back and
aboard hla train. Fifteen minutes later
ft departed for Boston, brief stops at
Rochester and Syracuse being scheduled.
Besieged fcy Thousands. '
Fully 20,000 people crowded tbs train
shsd and tha depot of the Nsw York Cen
tral railroad and additional thousands lined
tha tracks tor blocks east and wast of tbo
station. As ths train pulled Into tha ata
tlon tho Fifty-fourth Regiment band played
"Die Wacht am Rhelna" and a salute of
twenty-one guna waa fired, but the balance
of tho program waa not carried out aa
planned.
Welcome to tha city waa tendered by
Mayor Hollenborg and Henry C. Brewster, -president
of the Chamber of Commerce.
At tha close of their brief addressee Mrs,
, i
V
