IThe Omaha Daily Bee. ESTABLISHED JUNE 19, 1871. OMAHA, TUESDAY MORNING, CMAHCII 11, 1902 TEN PAGES. SINGLE COPY FIVE CENTS. y -1 i i t MERCER BILL FILED ! jLctloa Against Horthera Seouritie Oom- X piny Instituted, by Ck)Ternment. I Brought in st. paul federal court 1 llroeeding Directed by Attorney General of the United States, GALTEST OF PROPOSED CONSOLIDATION eat Northern and Northern Paciflo Named at Defendants. ,VR SHERMAN ANTI-TRUST ACT ftmi Rv of compttim Rallroav. AiiplrMf ta Re strain jot Trad or Commerce. BT. PACL, Minn., March 10. By direction tt the attorney general of the United States bill was Sled at Bt. Paul today In tbe cir cuit court of the 'United States for the dlstrlot of Minnesota (n 'he case of th United States, complainant, against the Northern Securities company, the Great Northern Railway company and others, de scendants, to test th legality of the alleged combination or merger of th two roads and others named In tbe bill. The action is brought under the act of July 2. 1890, known tut the Sherman anti-trust act. After reciting th fact that th Northern Securities company is a corporation organ ised under the laws of tbe state of New Jersey, that the Great Northern railroad was organised under the laws of th state of Minnesota and tbe Northern Paciflo rail road under the laws of Wisconsin and that th two last named companies are common carriers doing an interstate business and that these companies at and prior to the doing of th acts complained of owned and bperated two separate. Independent, parallel and competing lines of railway aggregating over 5,500 miles In length, the petition goes tm to say that they "were th only trans continental lines of railway extending across th northern tier of states west of th Oreat lakes, from the Oreat lakes and th Mississippi river to th Paciflo ocean and were then engaged In actlv competi tion with on another for freight and pas senger traffic among th several states of th United States and between such states and foreign countries, each system connect ing at Its eastern terminals not only with lines of railway, but with lake and river Steamers to other states and to foreign countries and at Its western terminal with ea going vessels to other states, territories and possessions of the United States and to foreign countries. does Back ta Receivership. "That prior to th year 189S th Northern Paciflo system was owned and operated by th Northern Paciflo Railroad company, a corporation organised under certain acts of congress; that during that year th com pany became Insolvent and was placed in th hands of a receiver.. While la this condition, awaiting foreclosure and sale, an arrangement was entered Into between a . majority of th .bondholder of (he ' jrth.ro PaftlGo Railway ' company and th Great Korthern Railway company , for a virtual consolidation of th. two and placing tha feontrol of th Northern Paciflo system In th hand of the Great Northern. This arrangement contemplated th sal under foreclosure of th Northern Paciflo company to a committee of bondholders who should organise a new corporation to be knowa as th Northern Paoiflo Railway company. One half of th capital stock of th new com pany was turned over to th Great Northern company, which In turn was to guarantee th bonds of th Northern Paciflo Railway company. Defeated by Supreme Coart. "Th carrying out of this arrangement,1 ways in petition, "was defeated by the jfleclaion of th United States supreme court In the case of Pearaall against the Great Northern Railway company waa decided March SO. 1896, In which It was held that lb practical effect would be the consoli dation of two parallel and competing lines of railway and th giving to th defend ant, th Great Northern Railway company, a monopoly of all trafflo In th northern bait of th stat of Minnesota as well of all transcontinental trafflo north of th line of th Union Paciflo to th detriment of th public., and In violation of th laws of th tat of Minnesota. "Early ta the year 1901 the defendants, th Oreat Northern and Northern Paciflo Railway companies. In contemplation of the ultimate placing of the Great Northern and Nortbera Paciflo systems under a common aoure of control, united In th purchase or th total capital stock of th Chicago, Burlington ft Qulncy Railway company of Illinois, giving ths joint bonds of th Great Northern and Northern Paciflo Railway companies. Securing- Control af Burlington. "Ia this manner th Great Northern and Northern Paciflo Railway companies se cured control of the vast system of lines knowa as th Burlington system, about 1,000 miles In length. Th attempt to turn over a controlling Interest of th Northern j-acino Hallway company to th Great . Northern having thus in th year 1396 been defeated by a decision of th supreme court th defendants, James J. Hill and his as socials stockholders, of th Oreat North era. owning or controlling a majority of Its stocks and the defendants, J. Pierpont Morgan and his associates, owning or con' trolling a majority of the stock of the Northern Paciflo company entered Into an unlawful combination or conspiracy to effect a virtual consolidation of tha Northern Paciflo and Great Northern sys terns and to place restraint upon all com petltv Interstate and foreign trade or com mere carried on by them and to monopolts or attempt to monopolise th sam, and to suppress th competition existing be twees said railway systsms la said inter state and foreign trade, or commerce, through the Instrumentality and by the paeans following, to-wlt: A holding cor poratlon, to be called the Northern Se curities company, was to be formed under the laws of Nsw Jersey, with a cspltal Stock of $400,000,000. to which, la exchange for It owa capital stock upon a certain basis and at a certain rat, waa to b turned over and transferred th capital stock or a controlling Interest In th capital stock of each of the defendant rail way companies. In this manner the Individual stockholders of the two In Bepenaent ana competing railway com' pedes were to be eliminated and a tingle eommoa stockholder, th Nortbera Seourt ties company, was to be substituted; the interest of the Individual stockholders In (he property and franchise of th two rail way companies was to terminate, being thus ( fCoatlaued on ruth, Pags.) want ministerwu's removal Murtirlm Memorialise Chloes Throne ta Recall Represeata tlv ta America. PHKIV lfurrli 10. A nrnfnlni.nl Msnrhu I censor has memorialized tbe throne for the I remoral of Wo Ting Fan, tbe Chinese minister to Washington. The censor says that Wu Ting Fang corruptly retained os tensibly (or repairs to the Chinese legation at Washington $800,000 of the Tien Tsin Hirer refunded by the American govern ment. WASHINGTON, March 10. Mr. Wu aald tonight that he promptly Informed his government as soon as tbe United States turned over to him th Tien Tsin sliver fund, and th money was placed at its dis- position. An acknowledgment was received I by telegraph. Not on cent of the fund could be misappropriated, he said, and if any portion of It were to be used for any pur- pose, this only could be don by the sane- tlon of th Chinee government. Th mln- liter haa not heard officially of tha pre- entatlon of the memorial for his removal, but he treats the matter lightly. According to a dispatch from Washing- ton, dated January IS, Secretary Hay that day handed to Minister Wu Ting Fang a draft on th United States treasury for 1376,800, th value of the silver bullion cap tured by American marines at Tien Tsin. The Washington dispatch continued that as Minister Wu was charged with the pay ment of salaries of the Chinese consuls in I the United States and with defraying tbe expenses of the Chinese legations In Wash ington, Lima and Madrid, it was believed the money would be applied to thos pur poses. OBJECT TO CARTEL SYSTEM asjar Dealers Urge Secretary to la. crease Countervailing Doty on German Exports. WASHINGTON, March 10. Since the an nouncement that tbe Brussels conference, at which was represented all of the beet sugar T. "? couuirws ot iMirope. n.u a- ciaea to ao away wnn ait government ooun- tles on sugar Intended for export, the sugar Interests ui iuia uuuairy niv" Drougai prominently to public notloe the cartel system In vogue In Germany, by which It Is claimed a bounty In addition to that dl rectly paid by the government Is given to the sugar export. By this system sugar Is sold to the ex porter at a less figure than it Is furnished for domestio consumption, tbe purpose be lng to keep the domestio price steady and one yielding a fair profit by selling tha surplus at a lower rate, which It Is com pelled to do in order to compete with th sugars of other countries In tha markets ot the world, The Brussels conference recently decided that tha effect of the cartel system was a bounty on export sugars. Beveral gentle men Interested in this question had a con' ference with Secretary Shaw at the Trees ury department today and urged him to In crease the pressnt countervailing duty on German sugars by the bounty realised un der the cartel system. Tha question of the propriety of this action has received some attention of late In administration circles, but there is reason to believe : that this goverarhent . will take the view tha.( whU the cartel system may and probably does result in a bounty' to the exporter, it Is not a bounty paid by the German govern- I ment, and hence doea not come within the provision of section five of the tariff act, authorising the levying of countervailing duties on articles on which an export bounty haa .been paid. The wording of the law. It is said. Is such as not to warrant this government in taking any action in the premises. MERCER ON THE COMMITTEE Will Help Devise Plan of Cabaa Reel. proclty to Ba Adopted by Republicans. WASHINGTON, March 10. A conference of ths leaders In the opposition, whlob Is being waged against th way and means committee plan of Cuban reciprocity, was held tonight In the rooma of the house com mtttee on naval affairs for the purpose of ,..tii. . .,i - ..Mi -n..hiin;n m.mK- mr-. night. About forty members, representing most of ths northern sutes. were nresent. Tbs canvasses which have been made were son over carefully and claims were made that the opposition forces commanded a ma- jorlty of the republican strength, despite tha verv nosltlva claims made bv tha wava and meana members early In tbe day. A vote was taken on th question of bringing th matter to a dectsiv issu tomorrow night and It was decided to have a steering committee confer with the elements sup porting the reciprocity In order to secure an agreement for a final disposition of the subject at tomorrow night's meeting- This steering committee consists of Messrs. Dick of Ohio, Tawney ot Minne sota, Mercer of Nebraska, Crumpacker of Indiana, and Llttlefleld of Maine. It ia ex- nected that Mr. Llttlefleld will present ths case from the standpoint ot the opposition at ths conference tomorrow nlgnt. BftcTIIICTrOC COD SJCDDnClfn rujimrwiuw 1 vn iiwimwn C01 stock at Ceatral City, Prentieo at Fairfield and Jaekiea at Fairmeat. WASHINGTON, March 10. Tbe prealdent today sent the following nominations to th senate: Postmasters: Iowa Edward H. Allison, Orundy Center. Nebraska Lucius O. Comstock, Central City; Oeerge H. Prentice, Fairfleld; George W. Jackson, Fairmont. Wyoming William F. Brlttain, Sheridan. Treasury Walter A. Wiley, Ohio, second lieutenant In th revenue cutler service. Army: Artillery Second lieutenants, Earl BIs- coe. District ot Columbia; second lieu tenant, C. F. Kllbourne, jr.. Fourteenth In fantry; aecond lieutenant, P. A. Barry, Fourth Infantry; second lieutenant. A.. U. Falkner, Third Infantry; William Patter son, New Jersey, GOVERNMENT TROOPS ADVANCE eeupr Poaitioas Abandoned by Revo- lailoatsts, Who Are la Des perate Situation. WASHINGTON, . March 10. Th United States minister to Colombia reports to th State department, under date of March S, that during th preceding week the govern- ment troops had steadily advanced and oe- cupled Important positions near Bogota, which had been vacated by the revolution- ary tore wno ar understood to b In a deaperat altuatlon and aUng aa op port unity- ta scapa. HOLDS MESERYE AS TRUSTEE Attorney General Argues that Treasurer Most Account for Interest. I ACCRETIONS TO FUND BELONG TO STATE Arsrument Defendaat'e Motion to Quash Indictment Drawing? to a Cloae and Ruling; Is Ex pected Today. The few remarks that Attorney General F. N. Prout waa physically able to make to Judge Baxter yesterday afternoon In the course of th arguments on the questions of law raised by tbe attorneys for the de- fendant In the trial of John B. Meeerva, former state treasurer and an alleged em- bessler, were matter-of-fact and pointed. The county attorney and his deputy had, In their seven hours ot argument threshed out the chaff In the numerous cases cited by Meserve's attorneys and tbe state pros- ecutor contented himself with reducing to a simple business proposition the contention I of the other side that th stat had no I proprietary right to Interest which Meserv received on permanent school funds placed where he had no authority to place them. I Interpreting from the constitution, the attorney general said that the very pur pose of the permanent school fund Is In vestment for tbe benefit of th schools and that Ita proportions are never to be dimln- lshed, but that the loan or Investment Is not to be In the way of a bank deposit. The purpose Intended Is that the fund ahould be kept continually Invested In cer- tain securities, the accretions to apply to paying current school expenaes and when Meerv loaned the money elsewhere, even II ne naa no aumoruy i bo place u, every i vbuum witguviiBia. o wuiu uyprjo dollar of the Interest belonging to the state, tixe a potential buyer Into - parting with Falthfol Steward's Daty. "I care not," he said, "whether Meserv had the right to loan tbe money having li... I. mnA h.vlnv wmt v f rt It. It was his duty as a faithful steward ot the state to account for every dollar ot BCcreUon. When Meserve took office he be- c4m, the truete of th school tund-as rauph . . ..... ., ree- u,ar,y appo,nted for any ut9 or Merest. And beUg the trustee of this special trust, he Is obliged to account for every dollar of accretion, whether It com a interest paid I way. The state Impressed a trust and, having done so, it had a perfect right to follow that trust, no matter how Invested, And If the treasurer converts to hi own use so much as one .r d should answer at the I Commits crime and br.' The attorney general spoke only a tew minutes, but waa forced to excuse himself ifj:. T:.-dl-.tfIr.!ftej;w:rd,"rr "re t0 the flm? 1 kivu v ea acuoi sa ufjuiiii v a iv is usae saaa noyed him tor five weeks, his throat Is I troubling him and h. coughed violently for several minutes. He told friends yester- day that It 1. hi. Intention to go to , elth.r Hot Springs or BxceUlor Springs as aoon a. supreme court adjourns, Defease Takes Another Turn. For the defease Attorney Ed P. Smith commenced to answer as soon as th at torney general finished. He. occupied thel0 last- hour of' the afternoon, and wilt finish! In a short time this morning, when an immeoiaie runng irom tne juoge is ex pected. The jury and the witnesses are to return at 9:30 and some may be called by 10:30 or 11 o'clock. Even should the de- feadant's motion to quash the .Indictment be sustained, the first witness, John C. French, will have to be recalled to com plete the record. When C. J. Smyth first raised his law point for the defendant, after having re- I Hlary corporations, was in Omaha yester peatedly Implied that the trial would not I day, accompanied by his wife. Mrs. Van be hindered In any way, as his client was I burning for "vindication," he asked that It be taken up, argued and disposed of at ones to aave the county much time and expense, But this feature ot chronological economy is not fully apparent to those who have watched tbe Droceedinas for Smvth himself talked from 4 o'clock Thursday afternoon until noon of the next day, with tha cus tomary recess tor sleep and breakfast, and those who answered him in order to dls pose ot all his citations have felt called upon to talk through the rest of Friday and all of Monday and the end is not vet. Meanwhile the court costs and th Jurors' I lee so on just tne same. Tn" attorneys for the state ar said to I anticipate that the 'end of their trouble In I this trial will not come with the settling of this present contention. They have In I llmatlon that some of the witnesses are I being advised as to tbe successful way ot evading giving teatlmony by taking refuge in the statute of crimination. FIVE BODIES FOR ONE GRAVE Children Burned ta Death Will Be Iaterred Together in Same Coffin. BINGHAMTON. N Y March 10 "nl. I one larsa rrava. rhiMr.n .11 a.a c. reads a telegram received todav bv hla sister in this city from Thomas Scanlon. whose live children were burned to death I at BhlnhoDolc. Delaware countv. last night. ; - ..... a IS; Nellie, aged $; Donate, aged 4. and Michael atrad 1 Tbe bodies will be brouht here in one larse coffin for burial tomorrow. No Am. tails of the accident can be secured to night. Shlnhopple Is a small settlement near Hancock, comprised of only a few houses, and tha Finch-Rosa Chemical com- pany'a works, where Scanlon was employed. The family removed there from this city five months ago. It Is presumed th horns was burned at night while Scanlon was away , tnd that all the occupants except Mrs. Scanlon perished. ROBBERS HOLD UP DOCTORS Bind Their Victims aad Desert Them Lacked ia a Straage Cellar. KANSAS CITY. March 10. Dr. D. E. Clopper, surgeon for the Atchison, Topeka Santa Fe railroad, and Dr. B. J. Hock- V"r.':.on " .of lng holdup while they were driving la th western outskirts of Kansas City, Kan., today. They were confronted by two mn with drawn revolver and forced to leave their buggy, and, with th robbers, to enter I the cellar of aa unoccupied houss. Her I th robbers securely bound ths hands and I feet of their victims snd rot bed them ot I (200 and a gold watch, after which they I escaped, leaving the tw doctors In tbe eel- 1 lar. Fifteen minutes later the doctors were I released by a passerby who heard their I about tor help. The robbers did not take tha bora ass pussTa w recalls sensational story Death af Peter Burroughs, Klaa: af Auctioneers," Rrnltll Omaha " of Marl Wilson. A Knrlnl fA TJia 'TO-a f mm Rutta. Mont.. announces the death In that city of Teeter Burroughs, who for many year was known In all the principal clttea of the country as the "King of Auctioneers." In tbe fall of 189S he did a stunt In Omaha. He cam her to aell out the. Jewelry stock of C. S. Raymond at Fifteenth and Douglas streets, and a few days after, his arrival a woman named Mrs. Wilson, accompanied by ber handsome daughter Marie, came to the city and took quarters In th hotel at which be was staying. Immediately Burroughs swore out a complaint and. had the woman ar reeted on a chsrge, ot blackmail. In police court ha testified that they had been following him for nearly three years, trailing him about from city to city, and threatening him with art sorts of dire con- sequences If he didn't "coma down" gen erously. He said they had learned that he was about to be married and that they made use of this fact to persecute him Marie Wilson, who wss traveling under the name of Burroughs, testified that a rela- tlonship of common law marriage existed between herself and the dashing auctioneer. and offered In evidence several letters tend tng to prove her allegation. These, Bur rough averred, were forgerln. The cas resulted In the dismissal of the two women. About three months after leaving Omaha Burroughs wss married, from which It was Inferred that he had managed somehow to rid himself of his Nemesis. Many business men and other' in Omaha remember Bur- roughs as a handsome man and as some- thing of a Beau Brummet In th matter of dress. It was said that he came by the title of "King of Auctioneers" by reason ot I his cash where most others would fall. VERDICT FOR FIFTY i DOLLARS Jntr - ta Fl.g Tar- ring; Case Aaralaat Only One Defeadaat. Mrs. Sarah C. Flgg waa given a -verdict an Wood w w Browplug and Albert Donahoo. whom she accused of tarring her ,v . . ... teased induced her to wondr If there Is anything else under heaven ttf uncertain as a jury's finding. Three weeks ago Mrs. Flgg Sued three old before an insanity commission on a warrant - ... ... Jury In Judge Fawcett's court gave her a -.raw f, inui vr rw,. .v. ..... oent.uow. lng the Instruction of th court. In this last case Mrs. Flgg sued for the Mm an amAimt at at In tha a-krM.ai . . UIe of ft ml(JtJ,gnt Jnvagl0B of her home and rough handling of her per- for thu tne JuVb 'r. dlct of mvdMt AllaIWood. who in his testimony admitted having participated In the tarring, and found tot the other two defendants. This last jury was out from 10:30 yesterday morning urjtll 1:30 yester- -afternoon. ' - BOSTON BANKER IN OMAHA Isaae Van Horn Telle of Work La rani le, Hahna Peak Paciflo Railroad. Isaae Van Horn ot Boston, banker and president of the Laramie, Hahns Peak Paciflo Railway company, and several aux Horn was the guest of Omaha friends dur- tag the day, while the president of the new Laramie road was engaged at the com pany's office In The Bee building. Today wl11 be spent In Chicago and a trip to Florida is on the program before returning I to Boston, Mr. Van Horn made the announcement here that the company is now getting out one thousand ties a day in the Medicine Bow range, and to date thirty thoussnd ties are piled up at Centennial. During hla trip we,t one million feet of lumber for con atructlon purposes was contracted for. Chief Enlner Btew,r1t1 of the Florence ds Cripple Creek railroad haa been engaged to run the line across th range to Battle, Wyoming, BUYS WRONG KIND OF STUFF ors,e is sniBgDrig- grlet tor Fifteen Thousand Dollar. Judge Fawcett will instruct the jury this morning In the case ot George Jeanneret against M. A. Dillon, a druggist ot South Omaha. The ault is for $15,000. the plain tiff claiming damages in that amount be cause his right arm was shattered and he was made "sick and sore" by the explo- on 01 m black powder mhlch he pur chMea t Dillon's store, thinking It was pure b,aclt oxl(l9 " manganese,-which he I ,lu" v"""""' " n tne I generation ot oxygen gas. me explosion 1 occurred when the powder waa confined wlth CT ,ot poUga Md ""Jected to I heat.. The defense argued that Dillon wis n "D,e Piainun naa Bought ln" 01 oun wuo lo I"'"" tend to know. TREE PLANTING ORDINANCE Judiciary Committee Acreea to Ha port It Favorably to City Cornell. The ordinance drawn by Major D. H. Wheeler, providing for the planting of trees and the laying of aod along street margins In tbe residence districts, the Improvement to be paid for by a special tax assessment against abutting property, was dlcussed Monday afternoon by ths Judiciary commit tee, to which It had been refer .-ed by th city council at Its u)tln of last Tuesday veiling. It was unanimously agreed to report the ordinance favorably. It will be taken up this evening and placed upon Its final reading and passage. An ordinance similar to tbla was passed ten years ago, but was killed by Mayor Bemla' veto. NEW DECLINES THE OFFICE 1 Iadlaaa Man Prevented from Accept tag; Cablaet Position by Pres sure f Business. WASHINGTON, March 10. H. S. New of j Indianapolis has declined th proffer of th I office of th first assistant postmaster sen ,rai tendered him aevsral dava t.. I President Roosevelt. Mr. New s buslneaa I wui not penult hUn to accpu HIGH WIND STRIKES OMAHA Does Damage in Spots. Particularly on the North Side. MISSION CHURCH AND FACTORY DAMAGED Woodwork and Windows Scattered la Cumlaar Street Neighborhood Lightning; aad Hall Accom pasy Peltiaa- Rain. A storm which administered damage In spots struck Omsha this morning at 12:30 o'clock. It came from the northeast, and was accompanied by a heavy fall of hall and rain. The hailstones were as large as birds' eggs and beat on ths roofs and against windows- with a roar that caused apprehension atong suddenly awakened sleepers. Tbe greatest force of tbe wind was felt in the vicinity ot Twenty-third and Cuming streets, where scattered debris and broken windows attracted spectators, even at the unseemly hour. The building occupied by E. P. Ruther ford's marble works, at 2216 Cuming street, waa completely wrecked. It was a one story frame, having a high square front. The walls were thrown in every direction and broken. The roof waa lifted, but not carried away. The appearance ot tbe wreck Indicated that the square front was blown out first, followed by the general collapse of the entire building. Much damage waa done to finished marble work in the building. Across the street from the marble works Is Tsggert's undertaking rooms, 2224 Cum ing street. Three heavy plate glass win dows, six by seven feet In site, were broken to pieces, two facing Cuming street, and one Twenty-third street. The building re mained ' intact and no other damage was done. Church and Factory Wrecked. A small frame building used as a mis sion church at Thirty-fourth street and Larlmore avenue was blown down, being caught In the front, facing south, by tbe full sweep of the wind. Anderson's match factory, on the east side of the Coliseum, was damaged. The windows were blown in and part of the roof was lifted. Th wind scattered tha tools and machinery about tbe place. Part of the roof of the Coliseum and a portion of the Coliseum's high fence were wrenched away by the wind. At 2121 Cuming street, occupied by Chris Boyer, a porch on ' the north side ot the one-story building waa torn loose, carried over the roof and hurled with a crash la Cuming street. At 2209 Cuming street, unoccupied, a large window waa blown In. Tha tin root over the Kennedy flats, at the corner of Twenty-fourth and Cuming streets, was nearly all torn off. A slnc-Uned coffin box weighing about 150 pounds, was lifted from the rear of Dodder's undertaking rooms and carried to the middle of Cuming street. No damage was done to the building. ' A ' high -clngnboard recently constructed and extending along the north side of Cum tog street, between Twenty-second ' and Twenty-third streets was thrown down with such force that It was reduced almost to kindling wood. v : . ' ".. Street Car Ridea Gale ftafelr. Emerson Cheney, conductor on the Wal nut Hill line of street cars, coming east In his car on Cuming street, when the storm struck the car, said: "The wind struck my car with terrlfio force and I thought at times the car would be hurled from the track. I could hear planks and boards ripped from sidewalks and buildings, and striking fences and the street. I expected every second one would strike the car, but it escaped damage. "The storm appeared to come from the northeast. Tfie hsll and rain, driven by the wind, fell with a terrifying roar. could feel my car tilt up against the south rail and expected it would leave the track or be overthrown. Tbe extreme force ot tbe wind lasted only a few minutes. Then the rain and hall Increased in volume, the fall of hall being Intermittent The hall beat against the car windows with such force that for a time it looked as If every win dow would be crushed. There was no one on the street that I could see when tbe storm began." A barn at 3327 Larlmore avenue, owned by a man named Jackson, was torn to pieces, only two uprights remaining. Two horses in the building disappeared during the storm. , Batters Officer Baldwin. Police Officer Dan Baldwin,' who was out on Cuming street near Thirtieth on his bl cycle In the midst of the wind said he had the liveliest chsse he has experienced for a long time. "When the wind struck me," he said, dropped over the bicycle and all with a thump. I felt as if I had been struck by some heavy object. I couldn't face the wind, it was so strong. I couldn't And shelter, and when the hall and rain came tumbling down I thought no more of try ing to find cover, so I managed to get on the south slds ot a big telegraph pole and gained some protection. There waa no dam age to property in the vicinity wher I waa caught Th storm cam from th north east and it certainly was a hummer for a few minutes." The government thermometer in Omaha ran up to (5 degrees yesterday, and evl dencea abounded that winter flannels ought to take a day off. Frequent mutterlngs of thunder and occasional spatters of rala finally culminated In th smart electrical llsplay of th early morning with a vigorous shower ot rain and hail. - Showers were prevalent In Nebraska. . Tbe forecast tor Omaha today Is showers and coolur. PATROLMAN DWYER DISMISSED Found Asleep While asi Dutr Officer Gibbons Cleared of Bribery Charrge. Patrolman L. F. Dwyer who about year ago arretted Jim Callahan, charged wf'.h being aotessory to th Cudahy kidnap ing, was dismissed from th fore Monday afternoon, after a hearing before th Board of Fir and Police Commissioners. Dwyer was charged with being asleep while on duty. It was alleged that on the morning of March t ha was found asleep In ths office of th Oxford hotel. Tha records showed that several charges had been filed against him during the eighteen months hs had been 00 the force. 8anltary Officer John H. Gibbons, who was charged by Martin Hansen, saloon keeper, with accepting a $10 bribe, was ex oaeraUd. Several witnesses testified that Hansen had threatened to "get even with those fellows" for posting smallpox placards on his doors, and the board concluded that the prosecution was th result of spit. Officer Sullivan was reprimanded for being off his beat eighteen rnlnuUa Oa tha morning ot March, a. CONDITION OF THE WEATHER Forecast for Nebraska Fair In West, Fhower and Coolor tn Kast rortion. Followed bv Clearing Tuesday; Wednea day Fair; Variable Winds. Temperature at Omaha Yesterday! Hoar. Dev. Hoar. Dec. Ba-m......B4 1 p. m ...... t la.m......B4 Bp. m - Ta. m ..... . B4 31 p. tn tin It a. m B4 4 p. ra B 9 a- m B4 B p. m...... W 10 a. a B4 l p. m 11 a. m BT T p. n BT 12 m.. Btt 8 p. m...... Ba O p. ni ..... SO SAYS FIFE THREATENED TO KILL Froaeeutlna- Attorney Declarea Ac cused Snore Marder Asialnst Fraak Richardson. SAVANNAH, Mo., March 10. Prosecuting Attorney Sooner In making the opening ststement in the trial of Stewart Fife, charged with the murder ot Frank Richard son, his former associate In business, which began here today, said the atate would show that Fife bad In a St. Joseph saloon where he displayed a revolver, made the threat that he would kill Richardson, and that after the tragedy he had confessed to a woman in that city that be had committed the murder. It would also be shown, he as serted that Fife was seen standing in the middle of the street on the night of the murder looking in the direction of the Richardson home. The Jury Is composed of ten farmers, a merchant and a teacher. Dr. David Bryant the first witness, called by the state, told of the scenes at the Richardson house on the night of the tragedy, practically as he had related tbem at the trial of Mrs. Rich ardson. Frank Richardson, the 12-year-old aon ot the murdered man, was called. He told of going to the church entertainment on the evening his father was shot. He and hla brothers had gone expecting his mother to come later. She did not come snd the boy went to the store and met his father. His father had asked hlra to go home ane see If she ws there. The boy demurred and Richardson went himself. A few minutes later he was shot, as he was entering the house. William J. Mack, a bartender, saw Fife the morning after the murder, and defend ant told him that Richardson had not spoken to him for several weeks until the day be fore he was killed. Fife had said he was glad he had made up with Richardson before he died. FORCES MAY j-USE IN KANSAS Democrats and Populists Evolve Plan for Union in Next Cam. palsfB. TOPEKA, Kan.. March 10. Populists and democrats In Kansas may yet fuse In the coming state campaign. Tbe members of the populists atate committee who favor merging 'their party with the democrats, having failed to have their party declare for fusion at the recent conference, have evolved a plan to hold a Joint session of th 'state committee for the two parties here on March 15, and arrange for union with th democrats. . E. R. Rldgely, chair man of the populist committee, In a call fn. 4k. mMtlnrl uvi!1 It has been' mutually asteecr' wtth the offi cers of the deinooratlo and peoples' party committees, that much good might be de rived from a Joint meeting of the two com mittees, whereby the whole opposition to the republican party In the state might be united upon one ucxei ana piaiiorm. J. Mack Love, chairman of the democratic committee, who has been opposed to fusion ever slnoe the enactment of the anti-fusion law by the last legislature, now favors it, and has also Issued a call for the meeting. It Is said some plan will be discussed at the coming meeting for forcing a decision from tbe supreme court, as to the validity of tbe law. SUES ASPEN MINING COMPANY Shareholder Brings Action to Deter. mine Management and Certain Banking; Relations. NEW YORK, March 10. An action was commenced today in the federal court wherein Julia Francis Mackay la the plain tiff and Robert Holt and tbe Aspen Mining and Smelting company are defendants. The plaintiff asks that the defendants la general, and Robert S. Holt in particular. be asked as to the management of the Aspen Mining and Smelting company and Ita relations with Jerome B. Wheeler. Tbe company'a mines ar at Aspen, Colo, and Wheeler organized the corporation. It is alleged that in 1882 the J. B. Wheeler company, an Aspen banking concern which Wheeler had formed, failed, having 1130,000 of th mining company's funds - In Its possession, which It is said, should have been deposited In New York. Then, tt Is said. Wheeler organised the J. B. Wheeler Banking company with R. S. Holt, but through this concern made money, th Aspen company directors mad no effort to collect th old Indebtedness. Th plaintiff ia a shareholder In the min ing and smelting company. Mr. Holt, the petition claims, is a director of the same company. VAIN ATTEMPT AT SUICIDE Once Wealthy Speealator Tires of Troubles and Take Car bo 1 to Acid. KANSAS CITY, March 10. J. W. Btdwell, aged 60 years, one a wealthy cattle specu lator and for years a familiar figure about the s.tock yards, tried to commit suicide today at the yards, by swallowing six ounces of carbolic acid. Hla reoovery Is doubtful. While the physicians were trying to re store him, Btdwell asked to be allowed to die, saying: "It you bad as much trouble as I, you would want to dl too." Bldwell lost bla money several years ago, COUNT VON BUEL0W IS ILL Imperial Chancellor at Berlin Laid Up with la. flnenaaw is BERLIN, March 10. The Imperial Chan cellor, Count von Buelow, Is suffering from tnfluenxa. Movements of Ocean Vessels, Blareh IO, At New York Arrived Karlsruhe, from Bremen; Biaa.1enaa.1n, rrom Koiterdutn Alter, from Oenoa. Aliclers and OibraJLar At Gibraltar Arrived Labn, from New York, for Naples and Genoa. Sailed Hohensollern, from Genoa and Naples, for New York. At Liverpool Arrived Oeorgic, from New York: Ultonla, from Boston. At London Arrived Olenahiel, from Ta eoma. Yokohama, etc. At Antwerp Hailed Zealand, to undergo repairs at British port. At Hong iiong euuiea xacoma, for Ta coma. At Culcutt Sailed Ventnor, for Ban Francisco. At Southampton Sailed Molce, from BOERS TAKE METHUEN broei Under General Delarey Capture ths British Commander. OUR OF THE BIG GUNS ALSO ARE TAKEN Three English OfBoers and Thirty-Eight Men lulled in Battle. ARGE NUMBER WOUNDED AND MISSING Desperate Effort Made in Vain to Drive Back Boer Troops. DELAREY'S MEN PROVE TO BE INVINCIBLE News Shocks London and Stirs Emo tions in Parliament, Where Gen eral . Methnen ts Sympa thetically Eulogised. (Copyright, 1902, by Press Publishing Cp.) LONDON, March 10. (New York World Cablegram Special Telegram.) Th dis aster to the British under Lord Methuen is regarded in England as one of the grav est In the whole Boer war, morally. It not materially. The news, which cam ' Ilk a thunderbolt from a clear sky, has caused widespread consternation and alarm, as th publio bad been deluged by recent opti mistic reports. It Is rumored tonight that Lord Kitchener ba urgently called for heavy reinforce ment. There was a feeling la ths House of Commons lobby tonight that the govern ment must call for from 80,000 to 60.000 more men, to demonstrate Ita determina tion to continue tbe war. War Secretary Broderlck'a reading ot Lord Kitchener's confused and unsatisfac tory dispatch in th House of Commons caused profound depression, except for th Irish party, the member of which de risively cheered the statements that the British force was pursued tout miles snd that the British panic was caused by their mules being stampeded, the Invariable reason given for these catastrophes. Details of the Capture. LONDON, March 10. It was announced today that General Lord Methuen and four guns had been captured by the Boers, com manded by General Delarey. Th saw cam like a thunderbolt to London. Th extra editions of the evening papers, giving an account of the disaster were eagerly bought up, and their readera hurried through the streets with anxious faces, and bitter remarks were passed on tbe subject ot the government's declaration that the war in South Africa waa over. Tha hews came too lat to effect business on the stock exchange, but excited curb dealing quickly followed the closing, In which South Afrlcana slumped heavily. The news caused excitement In the mine market. Throgmorton street was' thronged wtth South African operators, eagerly Inquiring for details of the British defeat and watching the effect of th an nouncement. Share were offered freely at first, but by C o'clock the excitement had ' abated and the curb (one hardened. ',! .', Excites lloase of Commons. - . 1 - . Tbs w-wla received IS th' Tiousa of Commons amid great excitement. Th read- - lng of Lord Kltchener'a telegram- by th ' war secretary, Mr.. Broderlok, waa listened to In deep silence, which was broken by loud Irish cheers. Instantly there were cries of "shame," "shame,' from the gov ernment benches. Then the Irish members seemed to think better of tbelr outbreak and suddenly subsided. The subsequent eulogistic references to General' 'Methuen were received wtth cheers. In brief. Lord Kitchener announced that when General Methuen was captured, wounded, with four guns, three British offi cers and thirty-eight men were killed snd Ave officers and seventy-two men were wounded. In addition one officer and 200 men were reported missing. The text of Lord Kitchener's dispatch announcing the capture of General Methuen Is as follows: Lord Kitcheners Messasre. PRETORIA, Saturday, March $. I greatly regret to have to aend you oad news ot Methuen. He was moving, with 800 mounted men, under Major Paris, and 300 -lutantry, four guns and a pompom, from Wynburg to Llchtenburg and was to meet Grenfell with 1,300 mounted men at Rovl ralnfonteln today. Yesterday morning ha was sttacked by Delarey between Twe boach and Palmleteknill. The Boera charged on three sides. Five hundred and Dfty men have com la at Marobogs and Kreepen. They wers pur sued by the Boers four miles from ths scene of the action. They report that Methuen and Paris, with the guns, bag gage, etc.. were captured by ths Boers. "Methuen when last seen was a prisoner. I havs no details ot the casualties and sug gest delaying publication until I can aend definite news. I think this sudden revival of activity on the part of Delarey la to draw oft the troops pressing DeweL" In a second dispatch, dated Sunday, March 9, Lord Kitchener says: Boer Are Invincible. "Paris has com in at Kraalhan, with, tha remainder of tbe men. He reports that ths column waa moving in two parties. Ons, with ths ox wagoss. left Twe-bosch at I p. m. The ether, with mul wagons, started sn hour lster. Just before dawn th Boers attacked. Before reinforcement could reach them the rear guard broke. In ths meantlm a. large number of Boers gal loped up on both flanks. These, at first, were checked by the flank parties, but the panlo snd stampede of ths mules bad begun and all th mul wagons, with a terrible mixture ot mounted men, rushed past the ox wagons. All efforts to check them were unavailing. Major Paris collected forty men and occupied a posltloa a mils In front ot ths ox wagons, which wer thea halted. After a gallant but useless defense th enemy rushed into the 01 wagons snd Methuen was wounded la ths thigh. Paria, being surrounded, surrendered at 10 a. m. Metbuea la still In ths Boer camp." Then follows tbs number of ths casual ties, as slready cabled. The killed Include Lieutenants O. R. Venning snd T. Nesham of ths Royal artil lery, who wers both killed whll serving tbelr guns with case-shot. As Lord Kltcbensr announced that Major Paris bad surrendered snd also telegraphed tbst be had reached Kraalpaa with ths remainder of ths man, it may be la f erred that tha Boers subsequently released the major and his companions. Lord Roberts Praisea Hethaea. Lord Roberts, the commander-in-chief, who announced the British disaster la the House of Lords, said General Methuen for over two years had carried on his work with seal, intelligence snd great persever ance, snd Indicated that th general was , beloved by his man and so work waa tool dangerous for ths command. Ita conunMdar-u-chleC aa sura thd . UM.rn.omit, lor mow iw. yia wuuP0Ui