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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (July 10, 1902)
TIIE OMAHA DAILY HEE: -TnTJUSPAT, JULY in, 1902.
IS LIKE THE ELUSIVE FlEA
Oootiot Tracy Hanagti ta Again Elnda Eii
Famer with Eaaa.
OFFICERS THINK THEY SURE. -HAVE HIM
When the Time Comee e Make lb
Flaal Oft th Much-Waated Dee
perade Drop fcat of !
SEATTLE. July t, Ths pursuit Of Out
law Harry Tracy appears to he temporarily
suspended. Sheriff Cudlhee ha called In the
guards from the southern suburbs, leaving
only a sufficient number for careful patrol.
It Is believed that Cadlhee expects tbs eon
Tlct. If he reappears at all, to show up In
another part of tha country. Th poese
that started from Renton with the blood
hounds at i o'clock this morning returned
at I o'clock In tho afternoon after a fruit
Since early this morning the posses hate
been scouring tha country between Ren
ton and Black River Junction. The terri
tory lying in the square bounded by foadi
leading from Renton to Black River June
tlon, then to Orlllla, thence to Spring
Brook crossroads and back, has been een
tried. It Is believed that Tracy has hid in
the dense woods of that district. Ousrda
have been stationed at every road In this
section. It is believed that he will soon
make his appearance at aome house and
demand food, as be M known to be without
upplies. The rumor that Merrill has
Joined his murderous comrade cannot he
Aa matters stand at this moment no ona
knows the exact whereabouts of the des
perado. The chase is suspended for the
time being. The moment ha shows bis
head men now waiting will be In pursuit.
The Salem penitentiary guard who Ms
with the party at Renton Is confident that
Merrill and Tracy are ones mora together,
although ha will not state the reason for
his belief. The marshal of Renton and a
deputy sheriff have captured three auspicious-looking
Individuals at Renton. The
men have the appearance of hoboes, and
it is thought that they may be three of
tha four men - who met Tracy at Black
River bridge the night before last and
walked through Renton in tha convict's
company. At the town Jail they gave their
names aa Andy Neilson, Tom Madden and
Phlt Ritchie. The first two say they are
loggers and the third lays he Is an Iron
bridge builder. Their statements as to
their recent actions are conflicting. They
aay they came to Seattle two days before
the Fourth of July -and got on a spree. A
diligent search Is being made for the
fourth alleged accomplice, who Is thought
to be banging around Renton or may have
Joined the convict. Rumors are rife that
the fourth man Is none other than Merrill,
hut this Is generally discredited.
SERIOUS FLOODS IN IOWA
(Continued front First Page.)
- the Rock Island could not pass that point
today. The town la under iour feet of
Tha Racoon river at Adel, after being sta
tionary all day, began to rise 'rapidly to
night and shut off the electric light plant
and la doing great damage.
SIOUX CITY. July 9. (Special Telegram.
The Maple and Little Sioux rivers are on
the rampage and southern Woodbury and
eastern Monona counties are under water.
The streams ara from one to four mites
wide and rising.'- The; flood Is the worst
known In this section for years. All day
long trains from, the east and south have
been unable ta diati And ftlmi CAt fcaa
been effectually cut off from communication '
In these directions. A large wave rushed
down Miller creek, which runs through
Woodbury county, and destroyed all the
crops In Its courss. The damage' to cord
alone will be great. The flood was caused
by a terlea of cloudburats, which followed
each other In rapid succession. At Maple
ton tha Maple river la five miles wide.'
Castana, Correctlonvllle, Danbury. Oto and
Ida Ofova were hard hit and report the
Streams overflowing their banka. Mo Uva
have-been reported lost, but-the damage tc
crops and buildings in the storm-stricken
district will bs great.
Storm HavOQ at Mao.aoketa.
CLINTON. la., July ..(Special Tele
gram.) Terrible storm, wind and rain
struck Maquoketa last night. Plate glass
windows broken, . doors torn from hinges,
shade trees uprooted, outbuildings blown
down, houses unroofed. A deluge of rain
followed. Maquoketa river overflowed,
flooding hundreds of acres of lowland and
destroying corn and oats. '
FORT DODOB, la.. July t. (Special Tel
egramsContinuous rain la paralysing
business In Fort bodge. Railroads are al
most out of holiness The main line Of
the Omaha division, of the Illinois Cen
tral between Fort Dodge 'and Omaha
la unable to run regular trains on account
of washouts. Ths Minneapolis dt St. Louis
road.il badly crippled. The east end of
the city la Inundated and families ara mov
ing out of their houses. '
Water Is running through first stories of
residences of a number of homes. A largo
natural basin at the east edge of the city
is overflowing and volumes of water are
Increasing and causing great loss to prop
Electric power la shut off. Wires are
tangled up with telephone wires and all
poles charged. Insulation on electric wires
thoroughly soaked, rendering protection
WEBSTER C1TT. la.. July 1 (Special
Telegram.) This section at the stats was
visited again last night by a terrlfle rain
storm. Ths Boone river and Its tributaries
are out of their baaka and tha lowlands
under water. Ths Northwestern has re
paired Us washout, but trains passing upon
It have a alow order.
H Killed ay Toraado.
IOWA CITT. la.. July I. (Special Tele
gram.) Belated reports from many rural
points In Johnson county show that the
tornado Tuesday evening caused $75,000
damage to crops, orchards, buildings and
live atock. Jacob Burkhart was Instantly
killed when hla employer's barn waa bloWn
down at Oxford. The Iowa river hers la
Inundating adjacent territory; It baa risen
five feet In twelve bears.
ONAWA. la., July V. (Special Telegram.)
Ths rainfall hers for July to date Is 1.60
Inches, which breaks all July records albes
1IT. according to ths weathsr observer
ths nearest approach to this figure being
July, 1891, when 1.03 Inches fell during the
month. The washout on the Illinois Cea
That Is dyspepsia,
It makes Ufa miserable.
. Its sufferers eat not because they seams' sa,
but simply because Uiey tt.
They know they ara irritable and fretful j
' but they cannot be otherwise.
They complain of bad last la tha
mouth, a teuderness at ths prt of the stom
ach, an nneaay feeling of puffy fulness,
headache, heartburn and what nut.
Tho effectual remedy, proved by perms
N nent cures of thousands of severs cams. Is
; Hood's Sarsaparltla
1 Al. W 1
tral's Onawa branch was repaired today
and trains are running nearly all on time,
although the LlttRe Ploux river la still
very high and erops are under water. No
trains ran on ths Maple River branch to
day. Washouts si 111 continue and railroad
officials say they can give no promise of
tralna at present. They may not have the
track repaired for two or three days, aa
soma washouts have occurred alnca yester
day. No Chicago papera have been re
ceived hero tor two days. The weather la
clear today and It looka as If the rainy
season Is over. -
Streams Become Torreats.
CARROLL, la., July 9. (Special.) Rain
fell la torrents all day Tuesday and all
streams have swollen out of their1 banks
and appear like large lakes. Washouts on
the large grade of the Northwestern near
Aroadla held trains from the east In the
Carroll yards for several hours. No. IS
continued west via Wall Lake. No. 4.
which should arrive here at 11 a. m.. and
No. 8, due at l:2S p. m., arrtved about :J0
last evening. It Is yeara alnte there has
been a general tleup on account of wash
outs on tha Northwestern, and 'the present
trouble la due w some new track which waa
completed late last fall.
Fully 200 men are at present working on
the grade and 150 mora are expected from
Chicago on the first train.
OSKALOOSA, la., July 9. Almost Ave
Inches of rain have fallen In Mahaska
county during the laat twenty-four hours.
All streams are out of their hanks and the
damage In tha surrounding country la
, Heavy Dtatft at Missouri Valley.
MISSOURI VALLEY, la.. July 9. (Spe
cial.) All tha bottom land for miles near
here la under water and the streams In
this vicinity are overflowing. Ths damage
to ths crops on the lowlands will be great,
as It Is feared that the water will not
drain off for aome time. Tha rain yester
day did great damage to the crops on tbs
hills on account of washing badly.
The hill streets of this city have been
washed out so that aome are almost Im
passable and several hundred yards of
water main have been laid bare. The
damage to the streets will probably reach
$1,000. Nearly 1,000 feet of the North
western's double track east of here was
washed out last night and all tralna were
delayed for several hours.
Damage Amsssli to Thousands.
SIOUX CITY, la., July 9. Damage to tha
extent of many thousands of dollars has
been done In the bottom lands southeast
of Sioux City by floods. Rain ceased fall
ing at noon and the worst Is believed to
be over. The railroads have suffered se
verely from washouts. Farmers, however,
are, the greatest sufferers. Small streams,
usually a few yards wide, are now swollen
rivers miles in width.
Reports from towns near by tell of heavy
loss. Otoe, Hornlc, Luton and Mapleton ara
surrounded by vast expanses of water.
KANSAS CITY, July 9. The Missouri
and Kaw rivers at Kansas City continued
to rise today as a result of heavy rains
last night and both streams are now bank
full. In the lower part of Kansas City,
Kan., several cellars have been flooded and
tha water In ths Kaw is dangerously close
to ths floors of soms of the- bridges near
ATCHISON, Kan., July 9. Northern Kan
sas last night again experienced another
heavy rainfall, following the unprecedented
rains of the last few days. West of Clyde
two Missouri Pacific bridges hats been
wsshsd out and the branch between Yuma,
Kan., and Prosser, Neb., Is completely tied
up by washouts The Republican river la
out of Its banks in many placet and bot
tom farms are flooded. . Streams art still
rising. . - , j.
' Peoria Swept fcy a Storm.
PEORIA, III., jufy . A terrlflo rain and
electrlo atom) swept over Peoria and tha
adjacent country last night. Rain fell In
floods for several hours and tha damage
Wrought lis extensive. All the railroad lines
entering the city are mors or less af
fected. ' The Lake Erie ft Western through freight,
due here at 4 o'clock, went through a
bridge at Farmdale, six miles eaat of here.
The engine and several freight cara are
piled In the bottom of Farm creek. The
engineer was fatally Injured and the fire
man was burled in the mud beneath tha
engUe. It will bs several days before
traffic Is restored.
The Toledo, Peoria ft Western passenger
train, due here at I o'clock last evening,
struck a landslide twelve miles east of
here and tha engine waa derailed. ' The
damage to the timothy and oata crop Is
very heavy. Several Inchea , of rainfall
Damaca la Colorado.
PUEBLO. Colo., July 9. A cloudburst
has awept the Wet Mountain valley, the
Orapa creek region and other portlona of
Fremont county. Water waa four feet deep
In a portion of Florence. Tho Santa Fa
rsilroad i lost two Iron bridges and 1,500
feet of track. It Is reported that Chandler
creek ran Into the Chandler coal mine
and tilled It. Crops in the Wet Mountain
valley were washed out. It was feared that
Orape creek, the moat terrible stream In
the country In time of freshet, has dam
aged tha line Irrigation system there, which
supplies orchards . and nurseries around
South Canyon. The Arkansas river, roae
six or eight feet here, but has done no
damage aa yet
NEW MEXICO NEEDS RAIN
Special Maveaee Ara Ha , Held ta
Drouth Regions at tha
SANTA FE. N. M.. July 9. A special mass
tor rain was celebrated in Agua Frio and
similar masses will be held In all the
parishes of this section, aa ths drouth Is
shriveling up the crops.' '. .'
Cloadbarst ta Mexico.
MONTEREY. Mex., July 9. A special
from Psrras, stats of Coahua, says:
A cloudburst covering an area of fifty
square miles did damage to the extent of
$409,000. The big Bataglaa dam, the largest
In northern Mexico, broke With all the
floodgates open and waa deetroyed. The
San Lorenso dam, which has been .standing
for over 350 years, also was washed away
This dam waa built of solid masonry about
SUPREME JUDGES NOMINATED
Demooratla Jadirial Caaveatlan af
Missouri Adjourns After aa
SPRINGFIELD. Mo., July 9. Ths demo
eratlc state Judicial convention completed
lta work at T o'clock this morning, after
being la continuous session alacs 9 o'clock
laat sight, by ths nomination of ths fol
lowing Justice of the Supreme court:
Qavon D. Burgess of Chilllcothe, ' chief
Justice; Leroy B. Valltaot of 8t Louis and
Jamea D. Fox of 'Frederlcktown, associate
Justices. Judgsa Burgess and Valllant are
members of ths present court. ' .
Judge Burgees was rsaoulaated at 1:10
thla morning on the first ballot. The second
ballot waa not finished until 1:15. It was
without result and aa Ineffectual effort was
mads to adjourn until today. Ths third
ballot was sot taken till I 15. when
nation to adjourn waa agala voted down-
la all sight ballots were taken,
VATICAN REPLIES TO TAFT
Provide! for lale of Lands and tha Pay
meet of Indemnity.
CANNOT AGREE TO RECALL THE FRIARS
Claim Made that It Wsall Bo Cos.
trary ta night Gaaraateed by
Treaty of Paris aad Pat
Holy Sea la Conflict.
ROME. July 9. The answer of the Vati
can to the note of Oovernor Taft, governor
of the Philippine Islands, concerning re
ligious affairs In the archipelago, which
was handed to Cardinal Rampolla, papal
secretary of state, July t, was delivered
to Judge Tart at a late hour tonight.
As the vatlcan'a reply la in French, It
ta being translated by Bishop O'Qorman of
Sioux Falls, 8. D., and Major Porter of the
office of ths Judgs advocate general of the
army. . It will be telegraphed entlra to
Since Judge Taft has been In Rome ho
has sent about 10,000 words by cable to ths
Answer of Vatican.
Ths vatlcan'a answer to Judge Taft fol
Tha contract which the Vatican proposes
shall be signed by both parties comprises
twelve articles. .
The first article says the Philippine gov
ernment Is to buy the lands of ths four
religious orders concerned, the holy aeo
acting as Intermediary.
The second article describes what are the
agricultural landa to he bought.
The third article saya that If some of
these landa are possessed by corporations,
the friars will sell their share.
The fourth article establishes a tribunal
of arbiters to be composed of five members,
two of whom are to be chosen by ths Vat
ican, two by the Philippine government
and the fifth member by the other four.
In case of disagreement aa to the fifth
member he shall be chosen In common ac
cord by the pope and President Roosevelt.
Tho fifth article provldea that ths work
of ths arbiters shall begin January 1, 1902.
The alxth article refers to title deeds.
These will bo transferred to the Philippine
Article vll sets forth that payment Is
to be made In Mexican dollars In ths
period of tlms proposed by Judge Taft In
his note of July 8, interest during the time
of payment accruing at 4 per cent.
Article vlll deala with the transfer to the
church of ancient crown lands with ecclesi
astical buildings on them.
The ninth article proposes amicable ac
cord In ths matter of existing charitable
or educational trusta which are In dispute.
In the event of falling to agree In these
matters recourse is to be had to tho same
arbltere, to whom will also be submitted
the caae of the medical college of San Jose
Provides for Indemnity.
The tenth article provides for ths In
demnity ths United States shall pay for ths
ecclesiastical buildings used in the war.
According to tho eleventh article the ex
penses of the tribunal and the expense of
the arbiters Is to bo paid by the Philippine
Article xll declares that the holy see
In the aphere of action which la In Its com
petence shall use all Its Influence for ths
pacification of the Philippine Islands and
In favor of their adhesion to ths estab
lished government and to the end that It
aball prevent all political opposition on the
part of the Clergy, both regular and secular.
The answer of ths vattcsn is compiled
In the order of Judgs Taft's note of July
3. First comes the note which says that
all tha studies of the Vatican were cen
tered to render more clear, mora precise
and definite the conditions between tho
holy see and the Philippine government.
In fact the note begs that If something
further with this Intent csn bo proposed
that It be freely expressed, adding that
It would be considered with great pleas
ure. The Introduction proceeds In this
tone until It comes to the question of the
recall of ths friars. It then saya ths Vat
ican cannot accept the proposition to re
call the friars within the fixed period.
Such recall not being Justified by reasons
of force majeure. It would be contrary to
the rlghta guaranteed by the treaty of
Parla and would put the holy see In con
flict with Spain. It asks:
"If the United Statea cannot order the
withdrawal of the friars, how can the pope
do ao, especially when It has been proved
that all ths accusations made against them
were partly false, partly exaggerated and
However, the Vatican promises that It
will try to Introduce into the Philippines
Clergy of other nationalities, especially
Americana, gradually, as they are found
ready or are adapted to ths purpose.
Tbs nots agrees that the friars ahall
not return to the parishes they left, and
where their presence could provoke trou
ble. Tbs note ends by saying that the pope
la willing that the achool queatlon In the
Philippines be not Insisted on now, but
that hla holiness hopes his representative
In Manila may have an understanding with
Judge Taft on thla point, which la of cap
ital Importance In a country almost' ex
VATICAN CAUSES SENSATION
Blaa Slater Not Allowed ta At as
Kara for Divorced
ROME, July 9. A great sensation has
been caused by the action of ths Vatloan
authorities toward the Princess Joseph
Rosplgllosl, an American. Her huaband la
head of an ancient family of clerical nobll
Ity and hla brother la commandant of tha
papal nobis guard.
On August Is. 1001, Prlncs Rosplgllosl
married hers Mrs. Maria Jennings Retd
Parkhurat of Washington, tho dlvorcad wife
of Colonel Frederick H. Parkhurat of
Bangor, Ms. The ceremony was civil and
hence waa not recognised by the Vatican.
Prlnceaa Rosplgllosl, who Is now on ths
point of confinement, engaged an English
Blue sister as a nurse and the latter took
up her dutlea. But Cardinal Macchl (sec
retary of apostolic briefs), bearing of (his,
forbade ths sister to fulfill bsr duties, on
ths ground that ths marriage waa non-
The prince was furious and exerted all
hla Influence to overcome the action of the
church, but without avail. Finally he
was obliged to send to England for a nurse.
The Incident la rxpected to have Important
When the news of ths marriage of Mrs
Parkhurat to tha prlncs reached tbs United
Statea it was asserted that at first ths
Vatican refuaed to aanctloa ths marriage
because Mrs.. Parkhurat waa a divorced
woman, but aa the prlncs declared aba
Should be hla wife, with or without ths
consent of ths church, sanction was Anally
Mrs. Parkhurat is granddaughter of
Samuel Cheater Reld. who commanded the
American privateer Brigadier General Asa
Strong. In ths battle at Fayal In ths war
of lilt. On her motbera aide aha la from
ths Rowaa family of Kentucky. About tea
years ago n Washington aha met Mr
Parkhurat, who U a member of ths Mains
legislature and of Oo vera or Hill's 'staff,
with tbs rank of colonel.
Tha eowple wera married aad lived b ap
ply for atlme In Bangor. They had two
children. Several yeara ago tney became
estranged and Colonel Farkhurat susd for
divorce. The divorce was granted and Mrs.
Parkhurat left ths city. At Bar Harbor
she met Prince. Joseph, who tell In love
wit' her. -
Argentina and Calle la Treaty
ni-irvna arnra i1t a. Arrentlna and
Chile have signed a convention defining
more precisely the objects oi ineir recent
traatUa nrnvMIn v tnr arbitration 'and th
limitation of armaments with ths view of
averting tho possibility of future complica
tions. Publlo opinion approves of tha new
Argentina announces that lta nolle V la
absolute neutrality In questions concerning
Chile, on tha Pacific roast. The conven
tion explains that It la not proposed that
eitner nation ahall reduce lis navai equip
ment now afloat ,
Relief Ship iaiia for Victoria.
LONDON, July 9. The Anarotlo steamer
Morning purchased by the Royal Geograph
ical society aa a relief ship for ths discov
ery, sailed thla afternoon for Ylotorla.
STEAMERIn A COLLISION
One Member af tha Crew Killed, bat
tha raaaenaters All Escape
NEWPORT, R. I., July 9. Ths Fall River
11ns steamer Prlscllla la at lta pier la this
city with a big hole In Its port bow and
one of Its crew dead and wedged In by
wreckage, ao that hla body will bs extri
cated only with gret difficulty, as a result
of a collision with ths Merchanta' fend
Miners' Transportation company's steamer
Powhattan,- in Narraganaett bay, last
Prlscllla was bound out for New
York. It waa very foggy at ths tlms and
It was proceeding slowly. Off Point Judith
another steamer struck It on the port bow,
cutting a bole which ran down below the
water line. -Finding Itself seriously dam
aged, Prlscllla whistled for assistance and
soon afterward tugs arrived and It was
towed back to Its dock In this city. .
While aa examination waa being made
of the apperturs. In PrlsclUa'a hull It was
found that one of the crew had been caught
In hla bunk by tha wreckage. Ha waa
dead, but his body was securely wedged la
between Iron rods and beama in . such a
way aa to prevent lta being extricated at
ence. At daylight It waa evident' that
mechanical appliances would bs necessary
before the body could be released.
The name of the victim haa not been
learned. , With this exception no one. Is
believed to have, been Injured.
PROVIDENCE, July .---Ths steamer1
Powhattan, Captain A. T. Hudgtns, bound
for Baltimore, via Norfolk for thla port.
arrived hers thla, afternoon and . repdrted
having been In collision with Fall River
line steamer Prlsollla last night lta bow
waa badly damaged and a great hols was
stovs In the port .side of ths Steamer be
low tha water line. Ths forwsrd Compart
ment waa flooded, .but ao water reached
tha other bulkheads, of tha ship and no
damage waa done to tha freight '
There was not .ths slightest show of dis
order with tho 1M passengers of Powhattan,-
among wham was A delegation to' ths
conference of -tha Baptist Young People's
union from Maryland. - A vote of thanks
was tendered Captain Hudgina by tha pas
sengers for hi prompt action during tho
trying momenta following tho collision.
Tbs passengers,-most of whom were lr
bed, were turned out of their room In
darkness and their nervousness and excite
ment Intensified they fonbd the men On
the ahtp paas'Mg 'out MlfC : preservers by
candlelight Thar was ao panic, although
no help was .near and tha steamer was ap
parently In great danger.
It was the alster ship of , Prlscllla, tha
Puritan, which cams at first to ths rescue.
It was on its Way from New York when
It heard tho signals of distress. Putting A
tins on board It took Prlscllla la tow,
stern foremost, tor Newport Tho vessels
arrived without, further mishap and ,the
passengers were landed safely. They were
aent on to New York by rait Their bag
gage waa saved In good order. .
Pownattan haa been placed in dry dock,
where extensive repairs will bs mad.
It). "W. brovO.
This name must appear on every 6ox of
the genuine .Laxative Bromo-Qulntns Tab
lets, the remedy that curea a cold In one
day. 25 centa.
ST. LOUIS .TERMINAL MEETING
Repreaeatatlvas af Railroads Com
prising; Asaoeiatioa Bald Session
la New York. .
NEW YORK. July 9 A meeting of tho rep
resentatives of the railroads comprising the
Terminal association of 8t Louis waa held
hers today. The meeting lasted for mora
than two hours and It was announced at
ths close that ths proceedings were Informal
and consisted of a general dlsoussloa of
ths affairs of tho association.
It was said that no definite action could
be taken todsy regarding the admission of
another road or any other matter, as It was
not a meeting of the Terminal aaseclatloa
proper. It was' also stated that ths plan to
bava the Rock Island become a member
of tha association would bs taksa up at a
meeting to' bs held at St Louis at some
LaalsTllla aad Nashville Dividend.
NEW YORK, July 9. Ths directors of
tho Louisville Nashville road today de
clared ths regular 1 per cent semi-an
nual dividend. A statement Issued 'at tha
meeting showsd a surplus for ths ysar
after payment of dividends of l,78f,80,
against 11,684,111 the previous year.
Will Take Ip l . Stock. '
NEW YORK. July 9. It waa stated to
day by authority that J. P. Morgan Co.
will exercise, their option upon the Louis
ville A Nashville stock owned by John
W. Gates and Edwin Hawley. Four per
cent bonds will bo issued ts lake up this
An Inexpensive aad Ready Prepared
During ths vacation, suppose you cook
less and play mors.
Graps-Nuts, the food that make! break
fast as easy to get all ths year 'round. Is
the Ideal food for that purpose.
Grape-Nuts Is thoroughly cooked at ths
factory by food' experts, and la alwaya
ready to aerve with tbs addition of cream.
You can aavs yourself tbs heat from cook
ing and the tlms and sxertlon necessary
to prepare other food, by lta use.
Its high nutrition gives strength and
nourishment without the Internal heat of
meat and other heavy food, keeping tha
temperature of the body cool and com
fortable; lta delicious flavor pleases every
Picnicker aad camper aa well as ths
housewife preparing the regular meala at
home, caa pass a pleaaant and enjoyable
summer "by tha use of tbls ready prepared
and easily digested food and wtU miss the
usual heavy aad sluggish feeling generally
felt In hot weathsr.
Many pleasant waya of changing the form
of uao found U reclps bock la each pack
TAKES ON DIPLOMATIC PHASE
secretary Hay Ictarosted in Oayior and
Greene Ettraditien Oast.
COMMUNICATES WITH BRITISH EMBASSY
Atleatloa of EsglUh Government Is
Called to Aets of Canadian Au
thorities la Connection with
WASHINGTON, July 9. Tbs extradition
case of Benjamin D. Greens and John 'F.
Gaynor, whose removal from Canada to tbe
state of Georgia for trial on chargea of
misappropriating and embestllng over
$1,000,000 In connection with river and
harbor ' improvements at ' Savannah,' Ga.,
hat been Bought tor aoms time in the
United States, will take on a new diplo
matic phase In a few days when Secretary
Hay communicatee to ths British govern
men statements of officers of ths Stats
department, alleging that ths Csnadlan au
thorities ara pursuing an extraordinary and
unwarranted courss in the caae.
Ths delays and embarrassments In the
extradition proceedings resulted In Mr.
Msrlon Erwln, special assistant to the at
torney general, who haa been in active
charge of tha extrdltlon proceedings for
the United Statea transmitting to the at
torney general under data of Montreal,
July 7, si special report on the case in
which he calls attention to the fact that
ths legal repreaentatlvea of Messrs. Greene
and Oaynor ars closely connected through
professional and family tiea with the Can
adian officials whom thla government must
look to tor extradition of ths men whose
custody It seek.
Mr. Erwln, in his report says that as
the fugitives had employed aa their counsel
tbs Arms of lawyers to which belonged
tbe highest officials of the provincial and
Dominion governments, be was preculded
by ths position taken by them from con
ferring with ths law officers of tbe crown.
Ho therefore retained two attorneys of
Montreal and ths Canadian bar, who had
ably aaalsted him.
Recites Extradition Laws.
Continuing, the report recites the ' ex
tradition laws of Canada as applying to
ths offense charged against Greene and
Gaynor and details the proceedtnga Insti
tuted to effect their extradition. Every
atsp of ths proceedings, the report saya,
waa In accordance with tbe Canadian law
and the extradition treaty between the
United Statea and Great Britain. Refer
ence la then made to the Issuance by Judge
Andrewa of Quebec of writs of habeas
corpus which were served at night upon
ths Jailer at Montreal, who held the men
under the extradition commissioner's order
for further proceedings.
On what followed the report says:
"Without notice to the commissioner or
tbe attorneys representing the United
Statea In the proceeding the Montreal
gaoler, who holds his appointment under
ths provincial authorities, within a few
minutes after service of the writs upon him
conveyed the prisoners by special train
back to Quebec.
"Ia view of tbe fact that there were
other Judges at Montreal exercising habeaa
corpus powers and in such cases the Cana
dian lawa gave a Judge in the d. strict
of Quebec no authority to bring a prisoner
from Montreal on habeas corpus Inquiry
tt Is not believed that the gaoler at Mon
rsal would hats adopted ao extraordinary
a course without notice to the parties In
Interest, except under high official prea
Kure. The attorneys at that time appearing
la tha . proceeding tor the fugitives and
moving to have that done, embraced among
bnttt The Arm of FHtpatrtck, Parent,
Tadhereau, Roy and Cannon of ' which
Arm Hon. Charles FHspktrlck, minister
of Justice for tbe Dominion of Canada, la
- "Of which firm Hon. S. N. Parent, prime
minister of the provlnoe of Quebec Is a
"Of which Arm Mr. Cannon, son of the
deputy attorney general tor the province of
Quebec Is a member.
"Also Mr. Honors Gerrala, law partner
Of Hon. Mr. Archambault, attorney gen
eral for the province of Quebec.
"Also Mr. Chauveau, aon of the extra
dition commissioner at Quebec."
Reviews Motion of Connsel.
Ths report next reviews the motion of
counsel lor the United Statea to quaah the
writs of habeas corpua and remand the
prlaoners In order that the extradition
bearing might proceed and the fact that
the evening before Justice Andrews was
to render, his opinion tbe prisoners at
tempted to prop that proceeding on a
claim that It was Illegal and through their
counsel, Messrs. "Pitspatrtck, Parent,' Roy
and Cannon." have other -writs of habeas
coppus Issued to coma before Justice Ca
ron, a Judge with concurrent Jurisdiction,
with Justice Andrews on ths ground that
their cuatody by the sheriff at Quebec waa
Illegal. Attention la then directed to the
tact that Juatlee Andrews in denying the
prisoners' claim that the first writs of
habeas corpua were Illegal said that It
was not for tho persons who Induced him
to Issue the write of habeas corpus to
claim that they were Illegal and avail
themselves of such a meana of escape.
The report aald that under Canadian law
a second writ of habeaa corpus cannot Issue
except on "new facts," ths prisoners' coun
sel, on petition alleging only the same
facta, cauaed other writa to be Issued by
Ths gaoler In making hla returns to these
writs refused, "on request of counsel for
ths United States, to attach copies or send
out In his return the substance of tbe docu
ments under which he held the prisoners."
'If the gaoler bad been acting under tbe
advice of officers of the crown," adda the
report, "free from the entangling relations
of counsel for the fugitive, it la Incredible
that In a country which shares with us
tbe high standards of Justice and fairness,
which la our common heritage, a gaoler
could have wilfully withheld the documents
of his authority to ths prejudice of a party
to tbe litigation."
Causes Valted States Treable.
Counsel for ths United States, by reason
of the gaoler's defective return, were com
pelled ta move to amend it by annexing
eoplec of the documents under which they
were held, and tbe defective returns were
msde the baala of a motion before Justice
Caron for a writ of certiorari by the pris
oner' counsel, who thereby sought to di
vest Extradltloa Commissioner Lafontatne
of power to proceed with tbe ease, and thla.
although Juatlee . Andrewa had refuaed a
similar certiorari. Justice Caroo, after a
week's consideration, granted the prison
ers' motion for certiorari and withheld
Judgment on the motion of tbe United Statea
to have the documents ehowlng the causs
of tbe prisoners' detention aanexed to the
. The report continues: "Ia the meantime
the Counsel for the prisoners, who in Eng
land or In tbe United States would be de
barred from such proceedings, have In
open court challenged the right of the
United States to be heard at all In these
proceedings and Its right to smploy Cana
dian counsel to represent it In tbe courts.
Attention then is directed to the fact
that abould the Quebeo authorities Anally
decide to let Judge Lafontalne, the ex
tradition commissioner, proceed with the
caae aad ahould he Anally commit them to
Jell for extradition under the Canadian law
the prisoners must eta there fifteen days
and that during this time they have the
right to apply for writs of habeaa corpus
and It Is further in the power of the min
ister of Justice to refuse to surrender tb
prisoners and to discharge them from cus
tody. In conclusion ih report says: "It
will thus be seen, that before we ran flna
ally take the prlaoners out of Canada, we
will have to submit tho regularity of our
proceedings In aome very Important fea
turea to a high official. of the Dominion
government, whose firm was retained In
advance of the extradition proceedings to
resist extradition and whose powerful po
litical Influence haa been felt at every turn
the case hits taken.
"If this state of affairs Is to continue
without protest on the part of our govern
ment we had Just as well understand In
advanco that the extradition of criminals
from Canada under our treaty does not ap
ply to rases where the fugitives have
committed financial crimes of magnitude."
Upon receipt of this report the acting at
torney general called tbe matter to the at
tention of the State department.
TO BUILD ANOTHER" BRIDGE
St. Louis and Eastern Capitalists Or.
anise to Make Many Im
provement. ST. LOUIS, July 9. A corporation com
posed of St. Louis and eastern capitalists
has been organised for the purpose of
building a bridge over the Mississippi
river, the erection of extensive terminals
on the river front, an elevated road to the
world's fair alte and a new depot In the
heart of the rlty. It Is stated by the In
corporators that the total Investment In
the terminals and elevated road, aside
from the cost of the bridge, would reach
tlO, 000,000 at the outset, with a possible
expenditure of 95,000,000 later on exten
sions. The incorporators are: J. C. Van Blar
com, vie president Of the National Bank
of Commerce; Edward F. Goltra, president
of the American Steel Foundry company;
VV. B. Doddridge, formerly chairman of the
executive committee of the Terminal as
sociation; Mayor M. M. Stevens of East
St. Louis and T. C. Doremus of New York
Mr. Doremus stated today that the new
enterprise was not connected with other
railroad Interests. Certain New York cap
italists, he said, appreciated the great
possibilities of St. Louis and had Joined
local men of means in pushing the enter
DEATH RECORD". .
Judge 'William Marvin, Aged 04.
SYRACUSE. N. Y.. July 9. Judge Wil
liam Marvin died at his home in Skaneateles
thla morning, aged 94 yeara. He waa ap
pointed United Slates district attorney for
Florida in 1835 by President Jackson and
was appointed United Statea district Judge
at Key West by President Van Buren. He
held court at Key West until 1863 and It
was a union court, with the American flag
floating over It, though every attendant of
the court from district attorney to crier,
Joined In accession. After the war Presi
dent Johnson appointed Judge Marvin pro
visional governor of Florida. After the
government waa established he waa elected
to the United Statea senate, but was not
allowed to take hla seat because negroes
tad not been allowed to vote. Judge Mar
vin returned to his home In Skaneatelea In l
1867, where he haa alnce lived. He haa
written aeveral works upon maritime law
and upon theological subjects. He was
warden of St, James Episcopal church at
Skaneatelea and deeply interested In church
matters. He voted, for every democratic
president from Jackson to '. Cleveland, but
did not vote for Bryan In 1898., ,j
Judge Marvin was brother-in-law of Gen
eral Ludlngton, quartermaster general, U.
9-.A.. i ,'
Mra. Charles. Stewart. ,
HOT SPRINGS, 8. D., July 9. (Special.)
The remalna of Mrs.. Charles Stewart, a
bride of only two weeks, . were brought
here from Spearflsh laat evening, she hav
ing died at that place that morning after
about ten daya of terrible suffering. The
young people were married here at the
home of the groom on Wednesday, June 13,
and left tbe aame day for a trip through
tbe Hills. The bride complained of aome
stomach trouble the day of the wedding.
but thought ' nothing seriously of It, be
lieving the trouble was only temporary
and not serious. Mr. Stewart la the son
of Mayor Stewart and the popular young
bride and groom' enjoyed one of the pret
tiest weddings ever given In Hot Springs.
The funeral waa held at the home of the
groom's parents, In the room where Just
two weeks previous tbe words were spoken
that united the two loving hearta.
DENVER, Colo., July 9. Alexander Mc
Donald, aged tS years, formerly of Port
I Rumbling of caa,
sour llaulda arising In
the mouth, distress after
attar ba honeat, you have
had to diet, live on bland
food, and have tried many
phyalclana' treatments and
and atlll you ere troubled.
NAU'S DYSPEPSIA CURE
Will care yon abaolotely.
tires the Cause.
Send for Booklet. FREE, to
FRANK NAU, .203 Broadway.
18th ft Dodge Bts.. Omaha. Neb.
a " Aeu
Jarvls, N. Y., and Cleveland, died today
of asthma on a train bound to Denver
from Chama, N. M.
Jamea r. Stephens.
NEW YORK. July 9. Jamea P. Stephens,
one of the oldest pottery manufacturers In
this country. Is dead at Trenton, N. J.,
from heart dlseaat. lis was born In Cin
cinnati. O., alxty-two years ago. Mr.
Stephens Is credited with developing the
manufacture of pottery In certain lines te
the highest point attained In thla country.
Durheaa of Atholl.
ROME, July 9. Tfce duches of Atholl
(who was the eldest daughter of Sir Thoma
Moncrelffe). died last nlcht while on bef
way from Italy to Swltxerland.
Court Una .o Jurisdiction.
CLEVELAND, O.. July 9.Judge Wing
of the United States circuit rourt today
dismissed the proceedings brought by the
Philadelphia National League rlub against
Pitcher Dernhsrdt to compel him to ply
with the Philadelphia club or not at all.
The court held thnt It had no Jurisdic
tion in the case, Hernhardt being a cltlsen
of the stste of New York. The cne of
Lajole waa then taken up by the court .
Pure, Pole and Sparkling. BettlH
Only at the Brewery fa St, Louia.
H. Mar A Company
When your friendsJ
It's well to have a few bot
tlca of our Justly famou Blue '
Ribbon beer on Ice. Nothing
more appreciated than a glass
of thla . delicious beverage.
It's a home product and made
of everything to make good,
pure beer.. Let ue send you a
W. A. Wells, solicitor,
Mate., any aeat, 10c. Night 10c. 16c; tSo.
The Union Excursion Company's
makes regular trips from foot of Douglaa
street, making regular trips to B her man
J 'ark, where there la fine atiade, music and
anuing. No bar on boat. alveryUiaig ui si
class. Hours for leaving: X, 4 and p. ra.,
dally. . Round, trip 25c. children 10c. Ns
admission to Park. , .
VINTON STREET PARK. '
Colorado Springs vs. Omaha
Game call at 9:45.
RAO TINE CONCERT
BY MUSTER'S BAND,
and OTHER HIGH CLASS FREE! SHOW
. Admlaalon to park, 10a - Children Free.
IStfc and Douglas Its.
Omaha's trading HoUl
LUNCHEON, FIFTY CKNT8.
. 12:30 to I p. m.
SUNDAY i:a p. m. DINNER, TSo
Steadily increasing business has necessi
tated ah enlargement of the cafe, doubllna
its former capacity, "
CHICAGO BEACH HOTEL
10 minutes from heart ef city. Wo dirt
and dust. Situated on boulevard and lake,
at 61st St. Blvd., Chicago. Bond for Illus
July J-13, 190a.
Omaha $14. BO
Missouri Valley ...... 14.S0
Sioux Cltv....; 3.Q
Springs, so. dak.
Splendid golf links.
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