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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (March 12, 1902)
I The aily Bee. x. ESTABLISHED JUfE 19, 1871. OMAHA, WEDNESDAY MOltNINO, MA11CII 12, 1902-TEN PAGES. SINGLE COPY FIVE CENTS. Omaha D X ) i PRINCE GOES HOME Eaili from New York for Germany liner Deutacliland. on AMERICA BIDS HIM A CORDIAL FAREWELL Ration's Bepregentatlvea Beluotantly Say Goodbya to Eoyal Yiaitor. LAST DAY ONE OF CONTINUOUS OVATIONS Hen High in Affair, of Nation Fay Elo ' quent Tributes of Beapect PRINCE REGRETS TO LEAVE UNITED STATES l&spresaea Deepest Appreelatloa of atearty aa Eathaslastte Reeeptloa aad Wtaaee for Another VI. It. tnEW YORK. March 1L. Prince Henry of I'm is la called for Germany o board the llamburg-Amsrican liner D- x "and. Hia last day In America wu "v rely on board Deutschland, but w wa 'i filled with pleasing Incidents, f The prince breakfasted earty,' ., ti. -ut 10 o'clock began t receive oiaclal Malta. Including representatives of GeV, In this country, and thoss of the lA Btatea government. Mayor Low of N. Tork alto waa a taller and the prince ft bidding him farewell rare a hint that he had aome intention of returning to America for a aecond vlalt. The prince in replying to the mayor's expreaalon aald: "I thank the citlxens of New Tork for all their klndneaa to me, which t appreciate deeply. If I ahould return to America, I should feel when I reached New Tork that I waa once more at home." . .. The members of the part that accom panied the prince on his tour were hla guests at luncheon. Covers were laid for twenty-elf ht persona In the dining room of the steamship and mualo waa furnlahed from the band of Hohensollern. Admires American! Ba(y. At the close of the luncheon, when It came time to say good by, the prince, tak ing a ross from the table, said: "Thla la the badge of that which I hare been ad miring during my entire trip to the United States, American Beauty." He placed the flower In his buttonhole and each guest followed his example. Admiral Evans, taking the prince by the hand, said: I have only this to say to Prince Henry and ray brothers of the German nary: We are glad you came and sorry you are going, and nope you will come again. It glvea roe 5 rest pleasure as the representative of the .merlcan navy to seise the hand of friend ship you have so kindly extended across the Atlantic . Major Oeneral Oorbln said: "We hate all snjoyed the trip, and the memory of It will abide Imi forever." Assistant Secretary Hill said: ' "The memory of your visit will always be In our hearts and the hearts of the American people." ,; , ( . Con. pan r Is Photographed. . immediately after the. luncheon, at the prince's Invitation, the' party want to -the commander's bridge of Deutschland and waa there' photographed. Then the real leavetaklng began. The final farewells were said by members of the German embassy, A tsaturs of tha forenoon was the call of the committee of forty New Tork letter carriers, represent ing the New Tork branch of the National Letter Carriers' association. They came to present the prince with a bronse tablet in commemoration of the martyred presidents, Lincoln, Garfield and McKlnley. The letter carriers failed to see the prince snd were received by Admiral von Seckendorf In his behalf. In thanking them the admiral said his royal highness In re turn for the present would send the New Tork Letter Carriers' association his por trait, with autograph, to hang on the walla bf their rooms. Germaas Bias; for Prlaee. Bortly before Deutschland sailed the United Blnging societies of Hudson county, New Jersey, appeared on the deck of Prin cess Louise, which lay alongside Deutsch land, and sang a number of selections. Prince Henry appeared on the bridge of Deutschland with Captain Albert and bowed his acknowledgments repeatedly. lYVhen the ahlp sailed all approaches snd the pier house were crowded. The first cabin section of Deutschland was packed all tha afternoon with passengers and their frlsnds and in many cases women bad to bo rescued from the crush to see the prince. . Deutschland sailed at t:iS p. m. As it moved away from the pier the cheering was continuous. The prince appeared on the bridge and bowed. All down North liver the pausing tugs and craft of every deacrlptlon gave the great liner and Its distinguished pasaenger a noisy sendolf. At the Battery, which waa reached at 4 o'clock, a great crowd had gathered and cheered the prince as ths vessel passed. elates Are Fired. Deutschland reached the Narrows at 4:15. Forts Wadsworth and Hamilton fired salutes, which were answered by Deutaoh land's whistle and the garrison at fort .Wadsworth lined up on the bluff until the steamer passed out into the lower bay. Deutschland is due at Hamburg Monday next. The prince's apartments on ths ves- sel Include the captain's cabin and three other adjoining rooms, especially connected and prepared for the use of hla royal high' seas. . The social hall on Deutschland was beau tifully decorated with flowers and there waa a profusion of fa xn In the prince's suite of rooms. The company had also tastefully decorated the pier. Hohecsollern started on Its trip st 4:23 this aUernoon. A crowd watched its ds parture and cheers were answered by ths whistle of Hohensollern. Borne time before the time for sailing ths Ulcere and crew of Hohensollern held a levee, bidding farewell to their friends. Hohensollern la under ordera to sail for Bermuda, where It makea its first stop. President aaal Prime Bead Ureetlans, ' WASHINGTON. March 11. The following exchanges took placo today between Prinoe Henry of Prussia, who aatled for Europe on Deutschland, and President Roosevelt: c.wvn.., -, Hum 1 1 . J M V rw ' dent of the t'nlted Stales: On this day of my at-pari u re i ig to inana you person ally, as well aa the nation whoa guest I nave oeen. mr an in. ainanesa. considers, tlun and good fecllna I have met with dur ing my vlilt to your Interesting oountrv. I hope that my visit will have Increased the feeling- or fii.nu.mp between the court trv I represent and the I'nlted hla tea. hid dine- you farewell, let me wish you every possible success, ana pray renumDer ate lo aire. Kooaewlt and Vilas Roosevelt, who so charmingly ana wtin so mum pluck., eocomultshed her task when launching his suajMiy's yacht. Meteor. Unoe more, wit ICouUnueol on Second Page- ROSEBERY SEES BETTER DAY Takes Iheerfel View of Fntare, De spite Reversal t'aeaed by Methaea's Captare. LONDON, Msrch 11. Expressions of stesdfsatness have today succeeded those of humiliation which were universally heard here today on the publication of the pews of General Methuen's disaster. There Is little disposition to minimise the In cident, but everywhere Is heard the de termination to maintain the tradition that blows serve to strengthen and stiffen British resolution. Lord Rosebery struck the populsr note today In a speech before . the Glasgow students. He admitted that It was heart breaking after all the expenditure of life, time and money, but, he added: "It will not dishearten us. We hava got to see this thing through. Ws must take the blows which fortune deals us with equanimity, showing ourselves worthy of better fortune." Lord Roseberry expressed the hope thst more piosperous times were In store, and that in the future "It would be our proud memory that when our ' country passed through the storm ws did not for a minute flinch and were not for a moment dis mayed." Reports from the continent that the de feat of General Methuen was followed by another fight, also favorable to the Boers, occasioned aome anxiety, owing to the ab aence' of news from General Gtrenfell's column of 1,800 men, which left Klerks 1orp to Join General Methuen. It Is thought at, possibly, General Delarey may havs ' eked Grenfell. war secretary, Mr. Broderlck, when ei. in the House of Commons, today What steps had been taken. In view of ths success of tho Boers against General Me thuen, to send Lord Kitchener reinforce ments, ssid 6,000 yeomanry would-be Im mediately embarked with large drafts of cavalry and infantry. Lord Kitchener would bo given all the assistance he asked for. BERLIN, March 11. In the Prussian Diet today the foreign secretary. Baron von Rlchthoff, after reading the answer of the British government permitting the de livery of German charitable gifts to the Boers in the South African concentration camps, tinder ths survelllaacs of the camp authorities, declared that the reply guaran teed a Just distribution, and said: "Ths English and German natlona are connected by ties of blood, raoe and friendship. They are cousins and you will find them aids by side. Methuen deserves our complete sympathy. Aa the military attache to the British embassy in Berlin he enjoyed the friendship of Emperors Wllllsm and Fred erick." LADY SYKES FACES JUDGE Royal Descendaat Pleads Illness Wks Arralaraed oa Char are of Droafceaaeaa. I LONDON. March 11. Lady Christiana Sykes. whose domestio difficulties hava caused notorieties, was arrested on the Strand last night, on the charge of being drunk and incapable of taking care of her self. She was arraigned at tha Bow street police court this morning, but her lady. ship laughingly pleaded Illness and the magistrate released her with a warning' not to corns befors him again. Lady Christiana (Jessica) Sykes is about 4( years of ags, and a daughter of the late RC Hon. George Augua Cavendlsh-Bentlnck, and a relative of the duke of Portland. She was married in 187S to Sir Tatton Sykes, a wealthy sporting Torkshtre baronet. twenty-nine years her senior. Her ladyship beoame prominent on the turf and on the Stock exchange. Early in December, 1896, her ' husband advertised that he could no longer be responsible for her debts. Since that time Lady Sykes has been several times In court on charges of financial Ir regularities. Last year she and Sir Tatton agreed to a friendly separation, her lady ship being glvea a yearly allowance of $26,000. ORDERS BANDITS PUNISHED Imperial Chlneee Kdlct Seada Troopa to Aveane Marder of Bel grlaa Priest. - PEKJN, March 11. An Imperial edict Just issued commands General Ma to pro ceed to Jehol, about 800 miles northeast of Pekln, and personally supervise ths punish ment of ths bandits whb recently murdered a Belgian priest. Ths Russian troops were sent across ths border to avenge the mur der on the theory that the Chlness wers unable to repress the actions of ths bandits, which menaced the Ruaslans, and the gov ernment Is anxious to remove all axcuse for the presence of Russian troops In thst part of China. The Ruaslans are la the district east of Jehol, but the Chinese government statement that they were In Jehol probably was made for the purpose of influencing other governments to take notice of the in vasion of Chinese territory. The court has sent an envoy to north westers Russia, where Russian agents ars fomenting troubls in conjunction With Gen eral Tung Fu Sing. ONLY ISSUE TREATY OF PEACE Preach. Frees Advises Baa-laa It la Impassible te Bsterselaate tho Bears. PARIS, March 11. The disaster to Oen eral Methuen's column has caused a deep Impression in Paris. The newspapers ex press the opinion that It will have a great moral affect In encouraging the Boers ts more obstinate resistance. At the same time the papers do not speak too harshly of General Methuen, owing to his generous conduct In the General Vlllebola-Mareull affair. The Temps ssks: "Will Englsnd end the trouble by realising that it la impos sible to exterminate the Boers and that ths only Issue is negotiations for a treaty of peace acceptable to both sides T" Ths Journal Des Debats. alluding to ths demonstration of the Irish members in ths Houss of Commons yesterday says: "The double and grave problem which England has to face could not rise up before her lo a more menacing and mortifying manner than at the preeent moment." VOTES FOR THE DANISH SALE PolkethlasT by a Large Majority Favors Ratlaeatloa of tha Treaty. COPENHAGEN, March 11. Tha Folks thing, In committee of the whole and In ex ecutive seasjon today, voted by a large ma Jorlty in favor of the ratification of tha treaty providing for the sals of ths Danish Wsst Indian Islands to tha Called Butte, GUARD BEET SUGAR INDUSTRY Bcpublioan Opponent! to Eeoiprooity with Uuba Draft Strong Resolution!. AIM TO PROTECT AMERICAN PRODUCERS Declare Method Advocated hy Ways aad Means Committee Weald Smother Development of Ilento Ceaeerae. WASHINGTON. March 11. Tho fourth conference of the house republicans on the reciprocity queetlon was fruitless, the con ference adjourning at midnight until next Tuesday. The victory waa with the advocates of reciprocity, as the motion to adjourn waa carried, aa a motion to amend the motion to make It a sine die adjournment had been voted down. The motion to adjourn waa made by Speaker Henderson and the opponents of reciprocity claimed after the adjournment that some of their friends did not care to offend the spesker by declining to heed his sppeal for a further confer ence. Earlier In tho evening the oppo nents of reciprocity had insisted on n vote tonight upon the main proposition. The session tonight was a stormy one. Mr. Sibley of Pennsylvania offered a compromise proposition for a reciprocity arrangement to last until December 1, 1903, which he claimed had the approval and Indorsement of President Roosevelt. He also aald he had aasurances that if the house granted a 20 per cent concession the senate would not Incresse It. Lame Kamber Preseat. About 130 members were present. 8peaker Henderson and the leaders on both sides of tho controversy were In attendance. An arrangement was mads for a division of the time between the advocates and opponents of reciprocity. i Representative Long of Kansas, n mem ber of the ways and . means committee. opened with an argument in favor of a SO per cent concession advocated by his colleagues of the ways and means com mittee. He argued that the maintenance of a pro tective tariff was not Invested in the Philip pine waya and means committee, but thst ths policy of reciprocity was. "The defest of this bill." said he, "means that the republican party has refused to' follow the leadership of McKlnley, and of Roosevelt, and It would mean that reciprocity was no longer a part of the republican faith. . Platform ea Hla Side. He pointed out that the republican plat form of 1896 referred to the repeal of the reciprocity agreements under the McKlnley law aa a national calamity and demanded their renewal and extensions. Ths origi nal Dlngley bill authorising reciprocity he recalled, -naming augar as one of tho ar ticles on which the president waa author ised to reduce the duties, but ths section wss changed and sugar was stricken out He espoused reciprocity with Cuba, no said, not only because it would be helpful to Cuba, but because ho believed we would get an adequate return and in support of that belief he Instanced the result of the reciprocity with Cuba nnder the McKlnley law. from September 1, 1891. lo August it. 1894. Under that law sugar, molasses, coffee and hides were admitted free and In return Spain made concessions on our ' products into Cuba. The results were demonstrated in the fact that our exporta to Cuba in creased from 113,224.888 In 1891, to $24,- 157.698 in 1898. In 1896. after the agree ment was abrogated, they had fallen to 81,630,880. Our exporta to Cuba were now only $28,078,792 out of a total of $66,060,141. Good Bargain for Amerlcaaa. The witnesses befors the committee on wsys snd means, he said, stated that with prosperity in Cuba the importations of that island would amount to $160,000,000 to $200, 000,000. Thla, be said, waa ths trade that Cuba offers us in return tor concessions on sugar and tobacco. This wss not charity. It was a good bargain. Mr. Long contended that In addition to self-interest there waa a moral obligation upon the United States to grant conces sions. He declared that when the com mission from Cuba waa prevailed upon to accept the Piatt amendment President Mc Klnley assured them thst In consideration of its acceptance he would do all In his power to secure economlo concessions snd said that ths commission so represented to the Cuban convention. He presented de tailed figures to show that the Porto Rlcan sugar grswers had received the full benefit of the free admission of sugar from that Island, from which hs argued? that ths Cubans, not ths sugar trust, would get the benefit and all the benefit of any reduc tion congress might make. In conclusion Mr. Long said: "After ths establishment of the republic of Cuba a treaty can be negotiated with that country by the president. The moment that the ratifications sre exchanged under the decision of the supreme court In the Porto Rlcsn r'Ae we would hsve free trade with Cuba on all products. Ths houss would be powerless to prevent It." Reeolatlea ef Oppeaeats. When Mr. Long finished speaking Mr. Taylor of Ohio presented a protest against the plan of the ways and meana commit tee representing the vlewa of those opposed to reciprocity. In lieu of the Tawney prop osition for a rebate Mr. Taylor offered the following resolution: Resolved. First, that wa reaffirm nor adherence to the republican national plat form of lHit, Insuring adequate protection to the cane and beet augar Industries In the United Statee and to the policy of reciprocity aa declared In our platform of ISA Second. That we have maintained and will continue to faithfully discharge the obligations to Cuba assumed by virtue of the treaty of Paris and the Piatt amend ments; and that we favor such commercial agreements with her as her government. wnen exaDiisnea may oe wining to mase, and which will be in harmony with our nauonau policy ox protection ana reci procity; and. Third, That no further action be taken respecting the proposition to reduce the tariff on Cuban producta coming into this country. The manifesto says la part: Oppose Redaotioa of Tar I. We oppose the proposition to reduce the tariff on Cuban products coming Into this country, because It Involves a relaxation of protective principle. The republican platform of 1898 con demned the democratic party for not beep ing faith with tha American sugar grow ers; we seek not to merit for ourselves the same condemnation. The proposition to reduce the sugar tariff constitute. In essence, an abandonment of the protective principle, even though It Involves enly one-nfth of the duty Imposed by the Dlngley law, and thla abandonment la moat unhappy because applied to the pursuit of agriculture In the most con spicuous Instance In which speclno and manifest protection Is given to tha farmer; and at tha moment when the sugar beet In dustry la not only in Its Infancy, but In an Infancy so lusty and promising as to demonstrate the certainty of a rapid growth. Heretofore the farmer baa been compelled to ttnd hie Justification of protection from the standpoint of personal interest in the JCotUlnMd on fteoona Pago.) SENDS FIRST VETO MESSAGE President Roosevelt Refuses te sign Bill Reaiovlaa- Charge of Deeertloa. ' V WASHINGTON, March II. President Roosevelt today sent his first veto mes sage to congress. It was directed to the senate and the bill vetoed 'v. as one remov ing the charge of desertion from the naval record of John Glass. The message waa as follows: There can be no graver crime than the crime of desertion from the army or navy, especially during war: It I then high trea son to the nation and Is Justly punishable by death. No man should be relieved from such a crime, especially wlien nearly forty years have passed since It occurred, save on the clearest possible proof of hie real Innocence. In this case the statenieut made by the affiant before the committee does not. In all points, agree wlfi his statement made to the secretary of the navy. In any event It Is reprehensible to me that he should not have made effort to get back Into the navy. He had served but little more than a month when he deserted, ' and the war lasted for over a year afterward, yet he made no effort whatever to get back into the war. sy Under such circumstances It seems to me that to remove the charge of denertlon from the navy and give him an honorable discharge would be to fals.fy the records and do an injustice to ills gallant and worthy comrades who fought tha war to a finish. The names of the veterans who fought In the civil war make the honor list of the republic, and I am not willing to put upon It the name of a man unworthy of the high position. ... (Signed) THEODORE ROOSEVELT. After the message bad been delivered Senator Oalllnger, from the committee on naval affairs, read the report of ths com mittee on which the eenate acted.' Prom thai statement it appeared that Glass en listed when only 16 years old and that, having witnessed an act which compro mised the seoond officer of the ship, he wss taken ashore In March of that year by that officer and told not to report again for duty. Ths committee says that this order, together wltb Glass' youth, was responsible for hla desertion. t LEADING WITNESS MISSING SaJooa Keeper Waa tea la. Stewart Fife's Trial Fall 1. . ' ' Appear, i '...'' . SAVANNAH, Mo., March 11. Os of the state's best witnesses In tho case of Stew art Fife, charged with the murder ot Frank W. Richardson, la missing. , . Ths witness is E. E. Norris of St. Joseph, a saloon keeper. Norris was expected to swear that Fife was in bis saloon before the killing of Richardson and had mads threats of taking Richardson's life. Norris did not respond when his name was called and Judge Burns issued an attachment for him. Norris waa not found. , , - Ths time today was- spent- lft tracing Fife's movement about In Savannah on the night of the murder. It was shown that he had been on the public squars Just be fore and a short time after Richardson waa shot ' ' - v . Gale Vaught, former city marshal, told ot seeing Fife an hour after the murder about the public square. He had been seen In ths vicinity of ths square nearly two hours be fore that. . v', ' ; Up to this time the witnesses have testi fied that the first report' circulated! the nlgt etaa Fife had heard this report while drinking In a downtown saloon and had . stepped beck ward and exclaimed: "I - am sur prised." ' A night session was held tonight, as it Is the wish of tho court to dispose of this case with all reasonable haste. Four wit nesses were Introduced by the state, who testified that they bad seen Mrs. Richard son snd Fits together at various times. Nothing new was brought out either In their direct or cross-examination. At a late hour the court adjourned for the night. YOUNG WOMAN DEAdIn HOTEL Registers with Has, Who Bays Her Carbolic Aeld aad le Arrested ea Saapleloa. MEMPHIS, Tenn., March 11. Anna B. Hankins, an attractive young woman ot Brlnkley Ark., committed suicide In a local hotel this morning by swallowing carbolic acid,' and J. V. W. Duvall, formerly a con ductor on the Choctaw railroad, and now employed by the Kansas City, Memphis and Birmingham railroad, is locked up at police headquarters pending an investigation. Shortly before 9 o'clock this morning Du vall rushed Into the office of the hotel and told the clerk that a woman In one of tho rooms was dying. He said she had swal lowed half a bottle ot carbolic acid. Med ical aid was summoned, but shs died fif teen minutes later. Last evening Duvall and the woman registered at the hotel under aasumed names. After being taken Into custody Duvall aald he had met tho girl In Brink ley, Ark., about a yean ago and that a mutual affection aoon existed. He said he had ' never met Miaa Hanklna clandes tinely before, but admitted she came to Memphis on his Invitation. Hs said hs bought ths bottle ot cerbollo acid this morning on Miss Hankins' request, but did not know that aho contemplated suicide. BRINKLEr, Ark., March 11. Mias Anna Hankins, who Is reported to have killed heraelf In Memphis today, was a daughter of Richard Hanklna, a well-known resident, She resided with her brother-in-law and sister, Mr. and Mrs. Paul Bergman, at the Brlnkley house, a hotel conducted by Mr. Bergman. She was 26 years old snd bore s good reputation. Tho man shs met In Memphis 'was not known in Brlnkley. Ths young woman left home last night alone, saying -she was going to Memphis to see a plsy. BRAZIL ELECTS PRESIDENT Mew Eaeeatrve Haa Repatatlea of Belasr Oae of Rest Ftaeaelers ta Sooth America. NEW TORK. Msrch 11. Senor A. Fon, tara Xavler. Braslllan consul general in this city, has received a private cable dis patch from Rio Janelr6, announcing the election of Dr. Francisco do Paula Rodrl gues Alvet ss president of Brasll. Dr. Rodrlgues Alves for many years has been a conspicuous flgurs In ths politics ot BraxtL Hs is a native of the state ot Sao Paulo and Is now governor of that progressive and rich stats. He resigned a federal aenatorshlp to become governor. Aa a financier. It la aald by his friends that Dr. Rodrlgues Alvea haa no superior la South America. His ability was recog nised by President Pelxoto, who appeplnted him minister of finance. President Morses retained htm in that place. The president-elect Is a lawyer and haa occupied a leading place at the bar. He haa been elected aa the candidate ot the republican party and hla election Is con sidered as a great triumph, becanae of the high standing aad prominence of his de feated opponent. Dr. Vbaldlno da Aioeral. MESERVE PROSECUTION FAILS Jndgs Baxter 8aataiiui Motion to Direct Verdict of Acquittal. DEFENDANT WINS ON TECHNICALITIES Ceart Holds that State Has He Valla Claim oa latereat Paid e Former Tresssrer bp Seatht ' Omaha Bask, While confessing from ths bench that he deprecates the law that compels him to do It. Judge Baxter decided that tha prosecu tion in Douglas county of John B. Meservo, former state treasurer, on a charge of em betxllng $3,000 Interest on $0,000 of the permanent school fund which he deposited In the Union Stock Tarda National bank of South Omaha, must stop, snd ths Jury . wss , instructed : to return a verdict of acquittal, because, ac cording to the law ot the state, the Intereat did not belong to the state of Nebraska. Tha Judge ruled, also, thst ths . crime charged. If committed at all, was committed In Red Willow county, not In Douglas county. Thla practically sustains ths two contentions raised by Meserve's sttorneys. In delivering his opinion ths Judge said: "I regret that such Is the law, but It Is not for ths courts to make the lew, but to declsrs. It, sad If ths ptopls ot the stste are dissatisfied with the principles enunci ated by our supreme court snd that court's construction of our laws their remedy Is hy amendment to the constitution and to the law. "The principles announced by Judge Post In his dissenting opinion In the cass of State against Hill to the effect that the treasurer ought to be held liable as trustee of funds In his possession ought to be the law and to the Judge's vlewa In such opinion I give my hearty concur rence. But the supreme court has held thst It cannot, under our constitution, adopt such views Insofar as our perma nent school fund is oonoernedT" Cart Doaareo No Point. The Judge occupied nearly an hour and a half, or from 11:20 to 12:40, In delivering hla opinion, explaining that hs wished to dodge none of the points raised In the two and a half days ot argument. As to the question of venue, rslsed by Attorney W. S. Morlan of McCook, the court said that, assuming thst tho crime bad been committed. It must have been In Red Wil low county, where Meserve first obtained the use and control of the Interest on the fund. "Our supreme court," he said, "has held that to provs embesslement It must be shown that the embexxler canie Into ab solute ownership and 'control of tho money and In thla case that eould not have been until It was credited to him In the First National bank of McCook (the town la In Red Willow county), because prior to that tlma ths transaction was not complete, for had ths bank . been disposed to hold it from him the fact that the South Omaha bank had intended It for htm would not make him liable as having appropriated It to his owH use. To support this contention ths defendant cites a case in tna nineteenth Nebraska and after reading thla I am forced low county-' , latereat Not the State's. In approaching ths othsr principal con tention, raised by Attorney C. J. Smyth, to the effect that the Interest accrued did not belong to the state. Judge Bsxter took up nearly all the various citations of both sides, discussing ths application of each at soms length. As to ths feature of em bezzlement the Judge said In part: "At the outset in discussing this ques tion three propositions must be horns in mind. First, that the defendant Is charged with embezzling Interest to the amount of $3,000 upon public funds In his hands. Hs Is not charged with embezzling ths princi pal fund from which the Interest was de rived. Second, that the fund upon which the aald Interest is claimed ts have been collected by the defendant belonged to the permanent school fund. Third, thst as to said fund our state constitution prescribes how It should be preserved, loaned and In vested, and haa thereby limited the power ot the state officials and sven the state leg islature over aald fund, thus distinguishing ths permanent school fund from all other stste funds in ths hsnds of ths treasurer, and which constitutional limitations do not apply to ths othsr state funds In his hands." State Caaaet Ratify Loss. Ths court's closing waa. as follows: "The state cannot ratify the act of the treasurer In making a bank deposit be cause of the limitation placed upon Its power by the constitution and therefore It could not ratify this contract mads by Ms serve with the South Omaha bank whereby the bank was to psy Messrvs interest on the $60,000. fader the law of the ststs that would bs sn investment or loan of the permanent school fund which would be unconstitutional. Consequently, sines ths state could not ratify the contract with the South Omaha bank whereby the aald bank agreed to pay Interest upon ths said fund. then the Interest psld by ths bank could not in any avent become or be the property ot tho state, because the stats could not recover It In a civil action. Therefore the $3,000 not being In legal effect under our constitution money belonging to ths state, this prosecution must fall." Ths Jury returned a verdict of acquittal, sa Instructed by the Judge, and the trial came to an end abruptly. Within two houra an expressman was hauling away ths last evidence of the hearing In the form of the stata treasurer's books, which Mr. Stuefer had brought with him from. Lin coln. Court Reporter Dickinson is prepar ing a record of the ruling for Attorney General Prout. Bowersock la Reaemlnated. FORT SCOTT, Kan., March 1L Con gressman J. D. Bowersock of Lawrence waa renominated here today by the re publican convention ot the Second district on (the first ballot by a vote of 8$ to 20. Nat Barnes ot Kansas City received the vote ot his county.' Movements ef Oceaa Vessels, March 11. New York Sailed: Deutschland. for HamDurg via Plymouth and Cherbourg; Cevio, for Liverpool, Arrived: Tauric, from Liverpool. At Kobe Arrived: Kalsow, from Liver pool, for Brittle. At Movtlle Arrived: Astoria, from New York, for Glasgow. At Bt. Vincent. C. V. Arrived: San Pedro, from Tacoma, for European ports. At Glasgow Arrived; Korean, from Bos ton. At Alexandria Arrived: Celtic, from New York via Funchal. At Boulogne Arrived: Rotterdam, from new i or, tor notieraarn. At Tenerlff Stilled: Beraphls, from Hsm burg and Antwerp, for Ban Francisco. At Hong Kong Sailed: Ping 8u, from Taooma, roaonama, etc Tor Blnganore. At ttalngoon bailed; Oopack, from Ta coma. Yokohama, etc., for London. At Brow bead Passed: OctMUiiu, fjvm New tors, tor taueenaiowo. CONDITION 0FTHE WEATHER Forecast for Nebraska Fnlr Wednesday and Tnursdayi North Winds, Uccoraing Variable. Teenperatare at Omaha Yraterdart Hoar. Dew. Hoar. Pea. B a. Ml...... 4!i 1 a. 4 a.a 4.1 e. m RA i a. m. . , . . . 4.1 a p. m BH 49 4 p. a ft" 40 B p. ta KT 41 p. xa i 44 T p. sa Bt 44 a p. as oil 0 p. ra 01 a. a a. ra , lO a. sa...... 11 a. as la an ALTGELD FALLS IN A FAINT Makes Isapaaaloaed Appeal for Boers and Drops Vaceascloas an Leavlasr Hall. CHICAGO. March 11. At the conclusion of an Impassioned sppeal in behalf of the Boers, delivered tonight In ths Joliet opera houss In Joliet, 111., ex-Governor John P. Altgeld fell In a faint ss he waa walking from the stage. No doctors were In the opera house, but a block sway a banquet ot the Will County Medical society wss being held. A messenger was dispatched and in five minutes Dr. Nash snd Dr. Cush- Ing hsd reached the bedside of ths un conscious man. Restoratives, auch as could be found, were called Into use and after much effort, Mr. Altgeld regained con sciousness. He wss taken to the Monroe hotel, where he was cared tor, and It was announced that he was out of danger. The physicians diagnosed ths attack as ths rssult of stomach troubls and did not think heart weakness was primarily to blame. ' CHICAGO, March 12. At 2:20 a. m. a telephone message from Joliet reported for mer Governor Altgeld unconscious. His condition wss said to be critical. FIERCE WIND STRIKES TEXAS Levels ' Fences aad Farmaoaees, Im pairs Electrlo service aad Caases Mortal lajarr. DALLAS, Tex., March 11. The cyclone that swept through the southern suburbs of Dallas continued to the northeast, leveling fences and destroying small farm buildings In Its path. Ths extent of damage to persons and prop erty In' the farming district haa not been learned, as the terrlfio downpour of rsln haa put ths country roads In an almost Impassable condition. Telephone reports state that at Besoto, fourteen miles from Dallaa fourteen dwelling bouses snd two stores. In one of which waa located the post- office, were demolished.. One of the dwell ing nouses destroyed was that of J. M. Johnson. His 14-year-old daughter was so badly Injured that shs died this evening. At Beemaa's schoolhoune, three miles east of Dallas, the dwelling house of T. Reegon was wrecked.. Tha family escsped without Injury. In Queen City the extreme southern suburb of Dallas, six dwelling houses were blown to pleoes. Mrs. George Brsy received fatal Injuries. Mr. Bray and two children were injured. Albert Swing's houss was literally torn to pieces and a negro servant, name not learned, was badly hurt. A score or more ot other houses wers badly damaged. The property .loss ss near as can bs estimated la Dallas county will reach nearly $100,000. DALLAS, Tex., March 11. The most general rain In a year Is falling tonight North of Dallas there Is a heavy downpour, while there are light rains as far south as Ssn Antonio. The rain was badly needed throughout the state. HOUSTON, Tex., Msrch 11. A heavy rain prevails all over the state tonight, re ports from the Pan Handle and west Texas being that the drouth is relieved. In north Texaa the fall ranges from two to six Inches, while In east and south Texas the fall Is nearly as good. Ths fall Is worth much to stock, as tha dry weather waa be coming a serious matter. RELIEVES SERIOUS DROUTH First Heavy Rata la Six Moaths Saves y Crops la Oklahoma aad Indlaa Territory. OKLAHOMA CITY, Okl., March 11. Two Inches of rain havs fallen here since mid night last night, and specials to the Jour nal report heavy rains st Stroud, Elreno, Kingfisher, Perry and Gesry. This Is ths first good rain in ths territory in six months and It Is believed It has saved a large per cent of the wheat crop. Yester dsy It waa predicted that unless rain cams soon much of ths wheat land would be plowed to corn. The Choctaw depot at Geary was struck by lightning and it, with four cars of mer chandise, were burned. ARDMORE. I. T... March 11. Through the Chickasaw nation today a general rain has fallen. Never In the history of the Indian Territory was rain mors badly needed. In many sections It waa tbs first fall since last August. A heavy rain also fell In ths fertile Washita valley, breaking one of the worst drouths ever known In that section. HEAVY DOWNPOUR IN KANSAS Oeaeral Rala laaparts Great Beaeflt to Wheat . Crops Tareaaa at 'the State. TOPEKA, Kan., March 11. A general rain la falling in Kansas tonight, which will be of Incalculable benefit to ths wheat, In the western snd southern parts of tho state ths rain Is especially heavy. In Che topa It Is tha heaviest rain that has fallen since early last fall. South and west of Wichita rain had been falling since early In the evening. The eastern part of ths state Is , receiving the first rain of any consequence that haa come thla year. A large part of the wheat crop is badly Injured, but the rain of tonight wlll save some of it. The soft wheat Is" reported ss being resrly sll killed, while the herd wheat will make a good crop If there are favorable weather conditions from now on. JAMES WILC0XJS INDICTED Yssag Maa Aeeaaea ef Kiltie.- His Sweetheart, hell Cropsey, Arralgaed. ELIZABETH CITY. N. C, March 11. The grand Jury of Pasquotank county today found a trus bill against Jsmes Wilcox, ths young man In Jail here charged with kill ing his sweetheart, Mlsa Nellie Cropsey, last November. Wilcox was arraigned and entered a plea of not guilty. The court drew a special venire ot 250 Jurors and an nounced that the trial would begin at 2 o'clock Thursday afteraoon. polo Oatpet of Road. LONDON, March 1L Ths Transvaal Chamber of Mines reports thai the output of gold from Wltwatsrsrand fop tha month ot"Vsbruary wag 11,406 ounces. ONLY BILL OF RIND Ship Subsidy Measure Poclared to Be Without a Precedent ATTACKED BY MALLORY OF FLORIDA Arraigned aa Bald and Bold Promotion of Private Interest, AT VARIANCE WITH RIGHT AND JUSTICE Senator Frye Defenda Hit Bill and Explain! Its Purport HOAR AGAINST THE POPULAR BALLOT Opposes Kleetleat el Seaaters hy Direct Veto as Sahverslve la Prla elple fa Eeaeare ef the Coaotttetlea. WASHINGTON, March 11. For several hours today the senate had the ship sub sidy bill under consideration. Mr. Mallory ot Florida made an extended speech !n op position to the measure. Ho analysed the bill carefully and held that there waa ns good reason tor Ms cnat tmeot Into law, saying he believed It would not accomplish tha results hoped for It by Its promoters. His opposition was based chiefly on ths ' ground that It would extend tbs favor, of ths United States treasury to private In dividuals and corporations without a Just return for the expenditure. - Prior to consideration of ths subsidiary messurs a lively debats occurred over an effort on ths part of Mr. Berry of Arkansas to ascertain when the committee on prlv lllges and elections might bs expected to report to the scuats ths resolution provid ing for the election ot senators by tho d.'rect vote of the people. Mr. Hosr of Massachusetts Indicated his vigorous opposition to such resolution on the ground that It would subvert ths princi ples upon which ths senate wss founds. Senate Urges Its Aateadaaeata. The senate, at the request of Mr. Culloea of Illinois, ons of the conferees, disagreed -to the conference report on the bill provid ing for the carrying Into effect of the stip ulations ef article 7 of the Paris treaty The senate Insisted upon Its amendments and Messrs. Cullom. Lodge and Morgan were named as conferees. Article 7 relates to the payment of claims In Cuba and ths bill proposes to amend the set creating tho Spanish claims com mission, so ss to provide for ths attendance of witnesses. In a privileged statement Mr. Berry ot Ar- , kansas said hs had Introduced early In the present session a resolution- providing tor , ths election of senators by direct vote ot the people. This together with a similar resolution sdopted by the bouse of repre sentatives bad been referred to the com mittee on privileges' and elections. The houss hsd psssed suoh a resolution four times. But tbs question nsvsr had been considered by the senate. ' . ' ' . . Waats peedy Action. He was belngpressed ednstanMy, " salA,"'v ' -by correspondents to know when ' a vote would be tsken upon the question by the' senate, end he desired to Inquire ot ths chairman of the committee whether tho senate could not have a vote upon tho resolution befors tbs close ot ths present session. Mr. Burrows of Michigan, chairman of ths : committee on privileges snd elections, attsr saying that what Mr. Berry had aald was true, said: "I will say to ths senator that there Is no disposition upon ths part of , ths committee to shirk lesponstblllty In connection with the resolution. Action upon It will be taken and a report upon It will be made." "In time to take a vote upon It at this session?" Inquired Mr. Berry. "I have no doubt of It," replied Mr. Bur rows. Mr. Hoar of Massachusetts, one of the members of the privileges and elections committee and a vigorous opponent of the resolution providing for the eleotlon of ssn- atora by direct vots of ths psople, said It ought not to bs permitted to pass without a few words of comment. ' "This Is ons ot the most Important ques tions," said he, "that has nrlsen since ths adoption of the constitution. Indeed, It is ths first serious effort mnds to change the mechanism Involved In the principles ot tbs constitution. Vital Cksagt la t'oastltatlea. This Is a proposition to change the prin ciple upon which the constitution la founded and It Is a mstter ot historical r faot that without ths Incorporation of this principle the constitution never would have been agreed to. The solemn pledge wss given to states, small and great, that tha equality of tbs states never would bs destroyed without the consent of svsry on of them." Hs did not believe thst tbs adoption of tho resolution would bs accomplished with- out a bresch of ths national pledges which lies st ths foundation ot this government. In a brief reply to Mr. Hoar, Mr. Berry said that this wss not ths tlms to discuss ths merits of the proposition, but Insisted that ths senate had a right to demand that a committee to which the resolution bad been referred should maks soms kind of a report, and he did not believe that the ssn ator from Massachusetts (Mr. Hoar) could prevent a report being made. Dahola Differs with Hear. Mr. Dubois of Idsho mslntainsd that ths only point of the constitution was thst every stata should bsvs two senstors. Tbs maimer ot their election wss not a vltsl principle. At the conclusion of ths debsts, which had been proceeding by unanimous consent, ths sensts passed eighty-one private pas sion bills. Other bills were passed as follows i To reform the western Judicial district of Arkansas, amending the act of Pebruary I, 1001, to increase the efficiency of the per manent military establishment, so ss to provlds for ths transfer of officers front the line to the staff for four years' ssrvlcs. The senate then, at S o'clock, resumed consideration of tha ahlp subsidy bill, snd Mr. Mallory of Florida, ons of tbs demo cratic members of ths committee oa com merce, addressed the senate in opposition to ths meaaurs. Hs said In its ultimate analysis tbs bill waa msasurs to take tbs money ot the taxpayers to build up tbs prtvsts business of Individuals and corpora tions. I Kapendttere hoc Werraatea. Referring to Mr. Frye's argument In sup port of ths establUbmant of an auxiliary nsvy, for which ths psndlng bill provides, hs did not believe there wss sufficient Justification for tbs extraordinary sxpsndl ture proposed by too bill. In the event of a war bet w sea the United t States and Great Britain, Franc. OsrmAA,