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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 10, 1904)
The Omaha Daily Bee. ESTABLISHED JUNE 1. 1S7L OMAHA. WEDNESDAY MORMSO-. FEBRTARY 10, l'.04 TWELVE PAGES. SINGLE COPY THREE CENTS. SECRETARY HAY TIKES A FIRM STAND lltastallieWar JAPAN'S FLEET OPENS EIRE AT PORT ARTHUR Axer'can SarnUrj of 3 ' Derii to Curb "Warrinf Ii;oni ia Alia. WOULD PRESERVE CH'NESE INTEGRITY Snd Identical lot to Powera Ak nj for Opinion on EaljacL FAVCRA3LE REPLIES ARE EXPECTED trwjjM Hava A'readj Ben Inform aJlj Eoandod on tha Frowini(ro. CREATES SOMEWHAT OF A STIR HOWEVER May Ears Great ESvat on tha Tu law in Pro;rr9j la Orient. TO MITIGATE HORRORS OF THE v WAR Fropoaot to Ip Eorti o Amies Oat of Chin Prtpsr. MAT MAINTAIN NEUTRALITY OF COREA llinflaii Menardta Aslatle Itmira Pi ih hy Awrin Art Sw . ruMnr4 hy Of see latleu. WAflTTTXGTOV. Feb. 9.- Oiratary Hay ha a-ddyasad in Identical note to a. Dumber of Eurnpru powers to ascertain It they ar wtl.lng to Join In a notice to Russia aad Japan that during hontiUUe and taareafter the neutrality and bitegrtty at China muat be rscognlxed. Details of tha not ar not 'btalnabla In advance of tha receipt of re plies. It la known, however. thaseju-haages already have taken place which justifies tha State department In expecting favorable reepoeise to tta not a. The matter baa created a great sensation la diplomatic cirrlc hero. It hi further learned that the proposi tion of tha Unltod States contemplate a restriction of buaiilJIUes end the conaa qiimt hardships of war to the smallest possible area. Just what this means la not mad clear to the public, but the de termination qui have the greatest effect upon tha strujtlflr between Russia and Japan. It is almost certain that neither will bo allowed to tnvada China proper, meaning- br that that they may not with hostile Intent go southward below Shan Hal K wan, on the border Una between ChlU and Manchuria. It Is a grave ques tion, whether or not it will apply also to Core, which la striving desperately to preserve neutrality and prevent invasion, but tha general opinion ia that it la too late) tn that ease to do more than seek to prewerve Co re an lndepenelenca after the , war. No explanation la aceordetf aa to whether Manchuria Itself, already tha rant of the first battle eft! Port Arthur is. being part of China, reatarded as bet -wru.itr "The r pe ;t the tou-v naa that the a a- here at Corm It la believed tcrmhuulua will not be reached before ttie close of the vr.r. The exchanges referred to aa prelimin ary to the issue of the note have been going on for several weeks in anticipation oi an wuioreas hi uob: tunes. o wn u j flrst supposed that the uitentl in waa to ; ao no more man niiiniain uie open aoor , In Manchuria, but it la apparent that there la a deeper purpose and that from the original thought the proposition has grown into one that will conserve tha terrttorir negrity of China. It ia poin 1 out that soma mfll outcome followed the Chino-Japan war. so that after aU the present action is within the line of prece dence. GLOVER GUILTY OF ASSAULT reran BOseeart Cesiarreseaaaai Taa.a Cass ta Hlsjher Csarl la Calaraa. CRIPPLE CREEK. Colo.. Feb. -John M. Glover, a former Missouri oongrersman. has been on trial In the distract court on a charge or having assauitea sergeant LHttvmore of the Colorado National Guard with Intent to kill on Devember a last, when restating arrest by the militia, waa tutbvy found guilty of simple assault by the Jury and sentence waa reserved. Glover exprasaed d I sea Oaf action at tha verdict and probably will seek a new trial or attempt to carry the case to the higher ouurt. Glover was placed on trial today on a second charge, that of having assaulted Sergeant Smith with Intent to kill. The eaae against Adjutant General Sherman BeU. Brigadier General John Chase and Major Thumae E. McClailaad. charged with false Imprisonment of Sherman Parker, W. F Davia and other union leaders, will be called at the ooncluakm of Glover's trial. WILL NOT AFFECT EXHIBIT sea see Caa sataeles at sea Ives CaJslssrsasa that War WtU Set D 1st are PTeaa isr Fair. ST. LOUIS. Feb. a Nanjlme Ota. Japa- nsse commissioner to the Louisiana Pur chase ex position, received a eahlagram fmra the preaidect of the Japanese nun mlsston. kUyeure, today, which stated that although peaceful rslarksna batweaa Japan and Russia were bresea. the war would make no difference with the ex hi bite of Japan at the World's fair. KH youra la the muUster of commerce and agriculture of Japan. The engagement at Port Arthur la looked upon by M. alanaakl. a.tlng cosnmlsaioner. aa a Japanese victory in the Ught of the present re porta "It makes no difference whether It ia victory or defeat." he sold. 'The Japanese wtU never give up. They will tight al ways to ttu end. Wa are a peculiar peo ple tn that a victory encourages ua much, wills a defeat eucouragea ua still Bore." CCNDEMNED MAN TESTIFIES lalea aVaaa. ktakhae Grea4 Jary B ta.a Steet Kaplataa to tha w aVs ai ST. LOna Feb. 1 George Colllna. the Union bank rubber, who la to be UaageU March 11 fur Una murdor ef Detecuve ! Charles Schumacher, waa taken before the grand jury today, where as le.ft.rled a to seuding at steal saws to him. Thomas t'lark. a furmr juil guard who was a:- euasd of ssadinsj a par hags of aiX saws to Casllns by Jail tauard UoffTnail. waa aJac Ha Wan!. . Stakes If til st.ind Liken tarr era V IT.ii In ilpt-l by tti n ItUKK-H will and itself ir. -1 In a iwclctit war, even t!..nw it should win a TirturT over Japan. , Ttury Hay haa proposed to the powers they should join In niakinif it plain to the cotnUalantst that t wliiitv(-r the outcome of the war the territorial Integrity of China J should not suffer. Of course, this do not ko to the extent of the Japanese -iemanils and inhibit the. a polltlnl !nfJtien-e of Iiuseia in M 4 ar h aria, but 'iu;I t a lnr t the absorption of that country by Kusftia. Thin In simply bottling Russia to the pledim. it h repeatetliy made, to the United Statea to evacuate Manchuria, but which tt ha a not done up to date. first on one pre test and then on that other. t Further. It la only serving- notice In advance that the name course 4 will be pursued at the close of the present war as taken by the pow J era, inrlartinir Russia, at the con- elusion of the stTutrslo betwet-n Japan and China, when the Japa- nem were compelled t forejto any claim to the portion of China tu the noMteiMsiim of Ita armies. CHASES AMERICAN VESSEL DaBBtailes Satat Rrfam tat Pwrsalt Xraairr te Lausal Vaaitiaas War, JCOXTK CRISTI. Republic of "an Do mingo, Saturday. Feb. i The Clyde line steamer. New Tcnrk. from New Turk Jan uary 3D. arrived here this morning, fol lowed by the Dominican gunboat Presl- aente. i-igniers were sent aiongsine tne New Tork to bring ashore some ammunl- I Hon which formed part of its cargo. When I the lighters had nearly reached the steamer: th gunboat fired on them and the revolu- cannon and ' ' tionlata on shore replied with Mausers. The New Tork. being in danger, th upon left Monte Crtstl for Porto Plata. The firing continued fur half an hoar, after which the gunboat Bailed for Porto Plata. t. w k ently by hundreds of bullets, for it stopped and lowered boats, evidently to plus; the holes made In its hull. The failure to land the ammunition is a serious blow to General Jlmines. fur whom it waa Intended, and may cause him to lose the ground he had already gained. An at tack on Santiago de loa Gaballerne has been lived for Sunday. The German steamer Altenbunr wee here on Monday. The revolutloniata did not per mit It to dlscksrga cargo at this port. ;Vm"fiETlJRNT0 OKLAHOMA i Jvatar CaJhralth'a rawtlliaa taw Any OwtataMB aa Hie Uaii te Rapt a re. MONOLlL.". Teh. J. Clinton A. cjl braith. associate Justice of the supreme murt of the territory, has announced his intention of retiring from office at the expiration of hia term In June. He will return to Oklahoma, where he formerly was attorney general. Justice GaJbralth la the author of mrny dissenting opinions and recently caused quits a sensation In legal cir cles by his severe criticism of the at titude of his colleagues. Chief Justice Frear and Justice Perry, In the disbarment cases which came before the court, declaring that both of the judges were disqualified to hear them. Justice lit ' Tilth dissented from the majority opinio: of the court in all of these cases. The coming trial of Attorney George A. Davia before United SLatea District Judge Dole ia regarded here aa a review of the action of the supreme court and the de cision probably will affct a number of re appointments. The Star says that Jus tice Gaibraith a inharmonious relatft.ns with hia associates on the bench, causing dissatisfaction with bia position, is the aause of his retirement. PHILIPPINE TROOPS DESERT Fifty weathers ef Caastabalary Take Anas. Amataaftlea mad Cash wlik Thean. MANTLA. Feb. 9 Seventeen members of tha conatabu:i.ry stationed at V'gan. one of the leading business i entera of Luaon, nave arseneu. casing witn tnem nrry nnee, j S.OO0 rounds of ammunition and rn oh. tained by looting i.e comm.ssary depart- raent. The number uf f-jginvea ha alm-e been augumented by a party of eighty es caping from the same quarter. Governor Wright promptly requestad mil- Itary assiatanee and Colonel Thomas tm-i mmJisaj.lv dixnuxi-hed a mum. ,r I airy scouts in pursuit. Colonel Scott leavea today witn a Dudy of constabulary. Later advices Indicate tnat the revolt of the constabulary at Vlgan has developed into a small uprtslruf againat the Americana and loyal Flllpinoa Two American priests. Fathers McCloskey and Kirk, have been fired upon, but no casualties are reported The telegraph wires, leading to the die - turbed district have been cut. Ricarte. one of the former Filipino lead era, ta beiieved to be at the head of thia movement. FAILS TO CBEYTHE ORDERS Crew said te Bsapaaslhle fav the Death ( Slaa Perseee ta Caaarfa. OTTAWA. Ont. Feb. a A collision oc curred near Sand Point today between the Suo train going east and a westbound Boo train. In which aine persona were killed ! and twelve Injured. The dead, so far aa ' known, are: I SJigineer Jackenn. Express Messengers Ruoertaon and Thompson. Newa Agent Mc M alien and Ave passengers occupying sec-ond-claae ear. whose namsa have not been ascertained The Injured Include alx pas- Avocorrtlrig to an official statement the ac cident waa due to th failure ef th crew t the westbound train to obey orders. Facet a. aplasia at aaaae. CHICAi. Feb. t -Lying side By (ids In feed L-mvid hLnciiHT, a years old. and lus wife ware f.Huid today biirnsd ua death- TH are was gi lasrit by SIAmiEtt.OF THE NATIONS Japan tad Eaaaia Ii;na 5otaa Eegard'nf Aston Frovioai to Ti: EACH BLAMES OTHER FCR HOSTILITIES th Parlin Aarrew la 9ayla that iI ( Raeta IrcaHlag laMkarla Was raaa at Japava's luarw. ST. PETERSTJl-RG. Feb. t -The imperial ball which was to have been, held tiiu ev-nine has been canceled. At 2 o'clock ! this afternoon the Imperial court and all tne functlnnaries will attend a Te Dcum pray for victory for the Russian arms. a lengrnv omcial cam.nunlntlnn liiul today gives the Russian account ot the no- I gtitiations which led to tha rmiur. 1 note says: : I-ast year the Toslo cshinef. ;m.I.r the prtet of etabli.hina The balance ..t piw.-r and a mnpi rUnt orinr of thinira on the r,...-n ai tne fscinc, mihmitred to the im perial gnvummnnt a prnpoenl for a revi J"n he exietina- treaus with rorsa. Russia onnsentet ami Vicerov AieiiefT was charsed to draw up a pro)vt for a new on-lfrstamiint with Japan, in co-opera:ion with the Russian minister at Tokm. who was entrusted with the ntiautiaUons with tile Japanese gnvernment. Aithouan the exchange of views with he Toklo cahlner on this suli)e-t wr of a friendly chrsir. Jnpnn-ee poiitif-al cir cles and the local and rVin-tRn pra at tempted in every way to pro.lu. a war.ikn fermenr ajnona- the Japane-fe and to 'rive the government Into an armed conflict with Russia. 1'nrler the tntlueiii-e thirwif. tne Tnii :n iihmM lunn .m . . . . . . . - . s. ... t dimr dir.nrr j and T"Htw dnmanils in th? negotiHtlnns. at th snme time taking most extensive mensures to maka the country rndy for war. Instsra aa Tirte Paints. All three circumstances could not. of course, dlnturb Russia s equanimity, hut they induced it t.j also take military and naval measures. NeverThelep. to preserve pcar-e in the far east. Russia, so far as its in contestable rights and interests permitted, gave the mnimry attention to the .ie mands of the T ikio -an1net and dwlsre.1 ttseir ready to recosnixe Japan s privileged ic position In the oi-eau ucninsula. with the onceswion of the riKht to protect It by military force m rLllV". m,Z At tne same time, wmle "(gorouelv b- serving the fundamental nrinctple of its P"Ucy regardlne- ores, whose indenendence an1 :n"MrTt'r wiv guaranteed by previous understandings with Japan anil ov rreat'es 1 wMh other powers, Russia In P! h ted on three j point' L on a mutual and conditional guarantee of this principle. z. on an undertaaing to use no part of I fores for strategic, irarp phoriBation of am h actio rpm a. ss tne au- n on the Dert cf any foreign power was directly opoosed n the principle of the indenendence of Ccrea. I On the preservation of the full free dom of narietlon of the Straits of rorea. The project elaborated In this sense did not satisfy the Japanese mvernment. which, in Its last proposal, not only declined to a-eept the conditions which appeared as the guarantee ef the Independence of Cores, but also began at the same time to insist on provisions to be Incorporated In a project regarding the question of Man churia. Rerasea 1m Cesialigee Ufaaeaatrtsi. Such emanda on the part of Japan I Judge Kirk pa trick, said he would be en rm rurally were. Inadmissible, tha Question I n -aa mr a. eminLe ' nvmths. and anyhow . t F.jtH... . . .. . 1 . . I Li. . " " ' F . F. I,, iV-n. W (III f! ij.. t in rn nt-r n hj. f i . . f, . . .. .. .. i . i ( powers navlng ormnertial Interests li China. The imieruil government there fore sew aoeohllolv no reason to include in a special trealv with J.tnan reirardliir S Corean affairs anv provisions concernlna: .erritory occupied hy Rumlan troocs. The I iTiperial gnvemraent. however, did not re- I f-iee. so ong ss the occupation of Man- tfiuna lasts, to recognise both the sover-1 eurnty of the c peror of China :n Man- ! cnuna. and also 'he ngrita acq nred there by other powers hrounh u-eattes with Cliina. A Ceciaraticn ro this effect had airesdy been made to rhe foreign cahinets. In view of this, the npeniil irovernment, S ftAe " K. I I FF FF" !. FF.niFa.nFll.l4FF. .. F . T . . to nresent its reply to the last nrnposal ' of Japan, waa ''isr1flnd in opecting the i i osio caniret to taae into account the eonsmerarions ser r irT .1 armve. and that it . would appreciate the wish m-i:feeted b" ! Russia to en me to a peaceful understanding' with Japan. Instead of -his. the Jaranese .vei-nment. not even 'waiting this rfpiv. : dt-cnled to hr-aa olT negotiations and ro ausnend lltilomstlr relations. The "mperini ! govenir-enr. arh le laying on Japan the f ill J reswonsihiltty for anv eonseouenres for ; such a course of action, will await the j deveionment if events, and the moment It becomes n-ceesarv will take the most de- cislve action for the protection of its rights :n the far east. Jaaaa Iaaaes Statement. TOKIO. Feb. L Tha following Is the ; text of tha statement issued by the Japa- j neae government, setting forth Its; posl- tlon. Section une It being .ndlapenBable to the weitare ui aaleiv uf Japan to main tain liie ii nilruua ind lerntorial in tegrity uf ....rea aad to aaleguard its para-.-nouut interests therein, the Japanese gov- trnment linds It impossible to view with tnuiiTvrcnce tne endangering or the posi tion if Corea. whereas Russia, notwith standing its solemn treaty witn China and its .-epeat-d assurances to the powers. 1 , 1 1 L oli.y i uuuiiuin j u in i u vn l .itu il ah- inuria. out nas lasen aggressive measures n Corean torrti-iry. Should Manchuria be annexed to Russia the 'ndeoenoence of Cores would nalura.iy be lmpoasihie. The Japaiitsse government. i.ier-rvre, being de sirous of securing peiinanent peace for eastern Asia bv meaua of ilirwl negotia 11. .oa with RusBia. with the view of ar riving a: a inetully adjustment of their .'"iZT J. ,h-.e i..-r.i mer rM.m- j municaied luaam the .-nd of July last "u,'.n. ' ;" Russian government and lnvutsl Its adherence. Ta this the Russian government expressed a siuM-nt. Accordingly, on August Japanese government proposed to willlng Id tns Russia through its reoreeenrci ':- : at. bonr the basis of an agreement which waa substantially aa fuiluWi. ' t-eter. Tersaa el Preposition. I L v mutual ! independence tllTlrfC Tlelt to no lernio-rtai mieii-.ty u.e eiur.ese aii t ur.l empire. L A mutuai engaaement io maintain the prim line of an -i mi uppiirtuu.iy t- r tn rummercil industiy of ...i a.a.ocs with t.ie naii.es of the-e nauons. X A reeiprocai rv- oaiiitinn of J ipin a nrs iFiin.lFFrn.if .nii.rF.Ht.. in ii'ir-a and hat Kjh ! -aa has aneciul interest in "ii.iy ee'e.-- r.wi ,n j .n.iioria and a m... jai ret-im:- imn of the respective rlgi.ta ui Japan aa.i ! "u'wts the intention of t.-e Japanese gov- : emment orimnaily that a conference -.h.ini.l taae piace cm w-n toe representaii.es t 2!- aXVlSX' poulble In r-acuing a aoiutlon of the iron- bie. out the Rassian government ausoluteiy cwTanned a trip aiHd and forgot h.' reasone It was unavoiiiiteiv .1eaued to i hi- I'll I ina negotiailor.a at T .kio. It was m t until tns id of i l.'lier that the Rikmici government presenter! i.umer i.nit.iFSitiur.s. and In them It declined to cngagn itseif in respei.t to the 'sovereignity anu t.-nitur:ai Integrity of iluua anu stipulate tne mum I tenance of the principle uf equal nppur- China, and require-l tnat. China declare ! NW HAVEN. Conn . Feb. .-Ia two .e Mani nur-.a and Its littoral aa heir.g entirely , cisiuua hanced dewn today Judtre Thayer, i ou:sids of lta sphere and liiterei. it f ;r. ; jr the lupr.m, court, sustains counsel for ther put several restrictions utmn Jaan a ' , . . , ; freedom .f actio in .'. ;'ir iiiaiii," fl llllsa' T3r a u cantenilona while recognuung Japan a rrght io dimiaich ' growing out of the refusal In profcat . trmips alien u-nry tor the proe'tiin ,uurt to admit ti prba:e aa a part of li.e of its interesis in Corea. Russia reruacd . . , p a R-unett t-. faied allow It to um any portion of C oread tem-j W1U of ,n" M,m " Bennett t .e staled ; t.a-v fir atraLeaicai Durposea. In tact. Rus-i letter giving IM. a ta Mr. Bryan. One de- . i aia went so tar as to propose to eeLamian 1 ciaton auatains a demurrer entered ty coun , a neutral sons la Corean territory aonn of ,, Vr D, e. m, ' ins irurtv-iunlh tra.iri. Thea Ja prarse government utterly fa.led to see ny Russia, wtio professed no in- , ivntmn of stsKiroing Manchuria, should ue ciaase in compiete harmo.iy with ua s. a repcaxedev a -.-la red principle rs"ef jiria tha suss, nanny a.d ternturia! aiicgrctv of China fe" .ruurmura. tx.ua reiaas. tne ttCaaUaucd OA Secocd Pags. The Bee 1ij cumpleteti ar- rannieat! wit.li the New York IIituM fur the um of that grvat pi-r s uarivaiil j cable HtTviif tlurin the war betwwn Russia aul Japan. This will not btf aa abbre- viateil service, but will cutu- prise the full reports of the Herald froiu all quarters of the world ctmeeruing the war. Together with its New York i it i j i i . . voriu raoie !ervn:e e full double lea set 1 wire service if the Asfori- i o T1. . r .... :it l... : thn; fullv efiuirtH'ti to nve (,nnil.lull unM u. i'ii r-i tt u'. t 4 1 .... TOUnti Of all Uapp'ninH lH the jrreat pram1 that ha.-4 just bepiun in the far east. With This? ;rren.t plan fort covering the important and k exciting events of the war. The Be will continue to pay J the clonest attention to the t loeal field, and will be what J I it has alwajs b.-en the bet, NAMES PERMANENT RECEIVER Jadsre apiiars VI a ta Take Charge ( shlpbalMlaat rnsapaay's Ataeia NKTW.VRJv. N. X, pb. 9. The United Slates ShlpbuildlnaT mmpsny s c-ise came Jp .-vefore Judge KJikpatrirk today, when , . . , ... ., orders which are cont-ldered practically to settle the controversy were drawn up. agreed on and tnnc.id In a decroe and signed by the emit. They conciat of four motions made at prwloua hearing before the li.lvency of ' j.. v a i tb" tOTI" waJI T tha -tnl- ants. These motions were- mans or jar. Untermyer in beha-'f of the complainants In the suit. They were: That the ship building company ae declared Insolvent, that a permanent receiver be appointed, that Charles M. Sc twab be made a party defendant and that the cause be tried tn open court. Counse for the temporary re ceiver announced, t at he would agree to the condition of the rtlts. there waa no ob jection by the shipbuilding company's law yers and a motion ta that effect previously made wee thereby disposed of. By the terms of the decree signed today the bond of Receiver Smith, who will be the permanent reeel'er. is placed at tlM8.Kw. did not know iT"- t.i nrrrrser t(-tiaiiii It waa necessary to JjS in the matter cf trial of the ease fn i-u court. GOVERNOR WARNS SIHNERS Asemres Striauere la TeaMsaee That laawleaaeiese Will Br lag Troops. KNOXVILLE. Tenn.. Feb. S. At Coal Creek this afternoon Governor Frailer ad dressed LOtK) miners assembled near the depot. He said that tha lawless acta of " i uw miners wouiu aa. u n mwvv "" if the county officials could not cope ... ... ., v, . w,th the "tuaxlon the state would assume iustant charge. ia r-,monse to a question aa to how many . , , f those present would co-operate to see that the law waa maintained, every man , th crowd rai-d his hand aa a pledge, . The governor assured them that at the least lawlessness troops would be ordered. ! and if there waa bloodshed the responsl-' La.ny Japanese rerjges to apan tomor i bllity would be on their heads. ' ro" The steamers Raa Bera and Fu Ping i Vice President E31iott of district No. 9. i th remainder. On account of Mine Workers of America, endorsed what the governor had said, and told the men to do aa the governor advised. Depntv ""P-atoacy aasurea uiem protection anu en ShertfT Willlama has been nut in char of couraged them to remain. He also yester- th. .h.rtrr. itTir-e rivei-..r Prutiee s,v. Lng removed Sheriff Moore for hia recent action. The governor has ordered the new aherifT to summon fifty citixens to act with him in maintaining orier, but those sum moned are declining to go to Cual Creek. CONVICT HEALER CF FRAUD J Mlaa Helea Peat Peaaal Gallty ef tstac the Xalla for Fraa de feat Parpaaes. , " JArK?ONVTLLE. F!a.. Fb -A I diet of guilty waa returned tor.lgiit against ! Hel(,n wihnans Poet, who haa been on trial for the past ten days In the L'niteJ States court. The charge against Mrs. poat is that she had devised scheme to I derraud divers people, arid .the UnPed St.Ttes mails that she used to aid such scheme. The jury waa out eight hours. She claimed to be abie to heal bv mental treatment and snve "absent treatment" to thousands. i :ie court nan ' i " . -v paeeo senienee, and the defense was given ten days to s'lhmit a petiMon for suepenalon of Juiig- r.eit or a -e:r:al. The defendant la un- ier !. ' bo -. !a. Tie maximum penally n.'e- the law Is a fine not exceeding gAV jr imra isonment not exceeding eighteen months, or Nun In the discretion of the court. T'.ers are eleven other tn- dtctments agiinnt Mr. Post and her hus- - 4. r. C Post, and her so-in-Uw. Chari-s C. FergTO;!r.. PR YIN SCOPES TNQ POINTS ' - ww. . -i.iwi . , faaarriirat Jadate Soa'eiaa Post. lata Benaect Will Taken by ebra.k-a. ' J i U behalf of Mr. Btnn.'tt. tne Widow, ton Mr. Brvin i aooeai 'r m the L,rouata Mjn -m de sion. The decteion overrules a motion by ci un set f jr Mrs. ilc'iiaett and oiher hvira t ) expunge cvrta.ii port!, na uf the aauwar of Mr. Bryan to Liie iloti biot-gcal hy Mr l b-ennetu REGARDS BLOW STAGGERING London Saval Van Eeliev Barsiaa TsskIi Ar rirabied. RUSSIA NOW READY WITH CONCESSIONS British Officer at haa-Hal-Kwaaa Eaters Pretest Axalnit Freach Oreepatlea ef Ferta V a eated by H assises. LONCsX. Fh. J. The naval mn in Lon don r-garrled the reu:t of Japans Hr.it at t.n k with Kirpt-iu boats on tile fwai.-an .leet oil ion Artnur aa being a stager in; one. Tl:.y pointed oat the Viceroy AieTifflTs r'f'icnce to 'mines' obviously meant, "tortiedoes" and said thnt if 'lie Rss.un vesneis hud been siruck Sy wiii'.- liead" torpdies they proi.ai.iy have bt-cn .su.ik or are opting on the mmi In Port Arthur, in any ia helplessly out of actii n for a c.nsidc raulc time. R nji.la is Wlllinir. Tno I. ate. aron Ha,yalii. the Jaranese minieter. Informed the A--eoiai''d Pr"!s t-day thai ho had reel i ed this morr.mg t cahie lif wt ii aiiaiiur.' ir.tf :ho dcpar' -ire of the Japaiiese fleet f.r Lie II low sea. Wluie lie had no news uf the eii gajfement off Port Arthur, tha miiiifier was aware that Japan intended Uiroui;!i tlus war to employ torijeuo b ais to th fullest possible extent. lie had not heal 1 of the landing of Japanese troops in Cor'-u. Baron H.iyaslit. smd tiiis aiternonr.: Russia ia nrikmic de.rera"ie eiTorrs. Uimuith the vanoiin 'mhtniii'S, to have the powei inur'ene. nuH"oa now is willing to concede everj'.hiuu, but the offer comes too late. Baron Hayashl added: I learn on cood authority that the roply Russia Intended to send merely reiterated nil the cardinal pemts to which Japan cimi sistentJr ooterted. snipe Protect La ad I a a; ef Troaps. Baron Hayaehi says the Japanese fleet nt likely to blockade Port Arthur. His . ..... , knowledge of the Japaiiewi piana. as tenta lively prepared, leads him and others here to believe that the Japanese' fleet ia low ly'ng between Chinese Fusan and the Talu rive.r. screening the .anding of tnops. one army corps at Fusan and two at Pen Yang. Core a. Night torpedo aiacks on t!ie part of the Japanese fleet will, it is believed, be kept up so long as the Ruaslan fleet maintains Us necessarily open position outside of Port Arthur. This will be done In the hope of breaking up the Russian nerve. The troops landing at Pen Tang will L. pushed toward the Manchurian frontier Those at Fusnn will proceed to SeouL Unless Viceroy AIex:erT assumes the sg gressirre no serious naval battle is expected until the disembarkation of the Japanese troops is completed. A dispatch from Rome saying that The Japanese government had purchased the Chilean battleship Captain Prat. the cruiser Chacaburo and the gnnhoat Al-Cii-acte rVitrrtH wae pror.-v.aaei nmi-s.e by Baron HxyaahL The Nippon company's LnnJon agents have heard ncthlng of the Hileged apture of the jtoamer laaba Man t.ear Hong Kong by Russian war ships, as reported by a newea tgency in the United States todny. .t asserted here that Rus sia has no war -hip in the vicinity of Hung Kong and that therefore the Inaba Marti canot have been captured. A dlspatiJi to Lloyds from New Chwang, after conflrming the reporta of the de parture of the J.a.panese and announcing the preparations to close the Yokohama specie bank, adds: "Owing to the enormoua trade here the powers should demand that Russia sur render :he port of New Chwang and agree to the neutrailraiinn thereof." French Said to Be Involvesk A dispatch to Reuter'a Telegram com pany from Frrt Arthur, dated February 8. saya that the Japanese consul has arrived at Port Arthur from Che Foo With a alilp to t.tke tha bulk of the Port Arthur and tl5e fcaclteroent among the Japanese hers ' j Jring the last fortnight Viceroy Alexielt 1 utt' de1aed plana devised plana for the relief of the refugees until their transportation bad been arranged. Families of other nationalities are slso leaving Port Arthur. Japanese have been forbidden to take oasauge on cargo ships bound from Japan to Prrt Arthur. British Eater Pretest. A dispatch to Reuter s Telegram company from Tien Tsln says that a French trana- port, with a battalion of troops from T in quin. is hourly expected at Shan Hal Kwan. in the Gulf of Liao Tung, to gar rison the forta which are being vacated hy the Russians. t is reported that the tri color of France was hoisted there this morning and that the British officer in j rhartre at Shan Hal Kwan protested against the French occupation. At pres- ent there Is only a single eentry guartling theflag. The British commander here. Brigadier Gesieral ventry. and hie cniet or starr pro ceeded to ShanH.ii Kwan this morning. Wasblaatoa Seada ShtiM. WASHINGTON. Feb. S. Orders will be ( . - -. - - - -. - . i cabled today to Rear Admiral Evana to send j hla ''rjiser squadron, consisting of the Ail!- ance. New Orleans. Raleigh and Cincinnati, j j from Suing bay to some pi.int :a Chinese . waters ror i.ia purpose or ooserving me. naval operations It la expected thut the j j squadron .an coal and get aider way j wuhin two days. Admiral Evans ia ex- j pected to keep the battlesiiip squadron in : i Philippine water, throngnmit the period of , himuiif.es between Rus.-ia and Japan. . j Thia decision wis reached at the cabinet '; B!M',ln to,,ay ,"r 1'!a "-"""- " ,je,,njtely teuicl thai the cruiser I :uaitron well not gi to Port Arthur. I AUnlraJ Evana ia not lnstf icted regard- I !ng bia own muvtrmenta. but it is believed in naval cir-lea mat he w:'l transfer hia Hut to the Act-any ana prcceea r.onawm w:th. fhe aq'iiuiruu tailed States Wata-aed. At the cabinet meeting tfelay long and -areful cunaideratlon was given to tne ait- ualcn developed by the R of s -Japanese it is rut antlcipateii that the United i-ta'ee government w!l be uiawn into the conttlct. a watched cl it.ugci it .s progress will Le ely and anxima ov by thia g',v- ernment. E-ly today the president and -rrt.iry Hay. aa well as Secrvtarles Tail and Miseiy. were pia.-eil tn poeeeswmn of he acwe iamed by the Assis-iatual Pre of tha naval conflict near P-s-t Artnar. Prior ui the caliinel mttii:g that waa. the yjuui-at j on Aecco d i'sga. Cripphs Russian Navy Tin' J;ipiince hnr struck the lirst blow in the war w hU-li lias Ivmi no li.uc tiireiitonoij liei ireeti U HH-.ia ;inil .l.ipTin, ;iml .it the very ou;.-t t!ie Yuket's of Un Ctrient li.n e seriously cripp'etl the mival powi-r of their -iv:i in the far etittt. Two of t.10 tllli'St luitt.o shps and one crv.iwr of t'ue ixir'i mivy h.ive lieen lvem-lietl to pre vent them from sinking. This l.x the n-suit of a niulit if fj'k I'.r tor.iixio btiats upon t!:e I'll sr. il-et. wl'.ii'h tin at ui' lior in tin- har'M,r at Port Arthur. Tlio ttrt attii'-k 1. ;u wILhout anv ri--ir-- of ,-i M'r".tos mil tire. Imt a lnot t ; i n Inter the torpedo 'si;:;s n-turniHl t-i tho att.-ick ai'ti Ku-tlll'o.- ships were iliSJililfsl T'ue r poi" do Hot indli-.'ile lmv t'oiis (lie dii;ii:i-' to the silips is nut if is t!i" cxprevMiMi opuiiou of unvnl exierts that ,f tlicr hnve Immoi struck by toi-pf-doc tho us'fniiiess of the shins ns tlehtliiir machines is over for the present time arid thnt repairs to put theui into the contest nirn:n will niuire consid errtli'e time. I.nter 1'it i'o was a niiv:il .u- 1m ttveen the Japanese tvninhips and the Uuhmi.im f.irts and fleet. Imt it (I.1 not appear tliat .my serious ihiTiitiize w-is done by This. The J,ipiincie tioet then retired. si NEBRASKA WEATHER FORECAST Fair aad Coatlaned "old Werfaesday t Tharsday Fair with Rlelag Temper at are. Tfstserstare at Omaha lesterdayt Hoar. Dea. Haar. Dri. s .a,...., t i a. ss a a. n 1 b a ! ; a, n up. m...... 10 H a. ss 3 ss 1J A a. aa St a p. n II IA a. a H n. m I 11 a. a T T p. an to 12 m si n. tn m at 7 SENATOR HANNA'S CONDITION Pstieat Passes a liass Vlaht aad Rests Csmfortably This Maraiag. WASHINGTON. Feb. 9. Senator Hanna was better today and tonight he ta reported c he resting quietly. There are no com plicatlona and the vital organs are per forming their functiona satiafurtortly. An amount of nourishment waa given the sena tor today. In addition to the pasteurised mi!k. which he has been taking since his illness began, he took some white of an egg today, nearly all at which he retained on hia stomach. He apparently waa stronger than m yesterday and wanted to insist on exerting- himself when it became lwiceesary ( diartt-f hia poauiun. Hia spirits also sremed Improved, and for the first time he waa permitted to have a ten minutes' conversation with his brother. H. M. Hanna. who la new in the city. Mr. Hasina ater said he waa pleased with his brother's appearance, as he did not have the emaciated and casted look so fre quently seen in typhoid cases. During the day the senator's temperature "vent up to IUJ, which It has done on three eeparate occasions, and his ruise up m H, the high est yet recorded. The recorda of both tem perature and pulse are in keeping with those ordinarily reached in cases of irreg ular typhoid, from which the aenator ta aulTertng. The bulletin on Senatcr liaipa'a condi tion issued tonight follows: At x p. m. Senator Hanna was rearing ouiet.y Ills femperaf.ir-e was 112 ti-Ki. pulse .M. and regular reepirarion 34. There are no compileatlona, and hia general condition remains good. Signed.) RIXKT CARTER. EXHIBIT OF RANGE CATTLE i prmliai Aaaaitlax ta Twelve Thaa- eaaal Da liars to Be Riif lip at 9t. Loafs' CHICAGO, Feb. 9l Eugene Grubb and Prof. W. L. Carlile of Colorado have just arrived from Washington, where arrange-1 ments were definitely made with Governor I VriKneia fnr a treend rsnffe cattle cariot 1 show it St. Louis. The Live Stock World announces on the authority of Mr. Grubb that premiums amounting to at least l".(w I will be hung up j Tha mo eiMllinrU:..una that ob,ajn at I . , ..... .u ,...,(. ,i i h. Cide. except that Ave instead of three pre- lng cut and battleships and cruisers frraa n.iums will be given In each ciase. F'.rt 1 going in and getting coal. Besides this, money. OXi; second. $159; third. Ilus; fourth, j Japan has the Russian gunbeata Virlag 175; flfth. tUi. Thiers will be one elasniflca-': and Krretx caught at Chemulpo. They tlon for corn-fed cattle from the range din- ; "r hound for Vladivostok. U-u-ts. Grand champion carload grasa-fed ) The Japanese fleet was under the ma and grain-fed will get fc each. The range I mand of Vh a Admiral Togo, and eon show will be held November .4 to ZL The j suited of four fast cruiaara. the Chitoea. entries close September L ' Kassei. Tagafbgo and Toshlno. which circled ouuide. u rawing the Ore of the j WJ, , t It-w TEST PRACTICE LAW loataaa Sapeeaie Coart ta Paae reastltatlnaallty af Fair Trial Act. HELENA. Feb. L The c jnstitutionaiity of the general change of venue law .a to be J decided by the supreme court, which haa . Issued an alternative writ, diro-cied to t'is- trtct Juilge Clancy of Butte. -eatT-ainlng i him froin proceedlrg further than the hear j ing of testimony In a eaee before hla court. : wnerein the Boston at Montana comiia.-.y ' ia accuaed of etintempt of court. The Amaigamaied rtied aTldavita setting ; forth alleged bias and prejudice on the j part of the juiUje and sought a change of ) venue, which Clancy refused, holuing the I law uncnnaututionai. juuge Lianrj- was t drdered to app return. i ir on F-'-hruury 13 and mako ; fspwOiMY HAS NO STANDING W W i VI I nil I I raited 1 ' States Caart Gives laapuafa Ralia I Case at Pe-aria. I PEORIA. n. t In the United g;ates I court hero Judge Humphrey haa handed ; il.-wn i de'ision iliiiiig the P-otra G;is ar.o ' Elc-trtc compuny an Illegal comt.inatlnn in vioiation of the anti-truet laws of Hie I state of Illinois, with no standing tn a inurt of e.uity. ar.d has dismissed tneir I suit to restrain tne cl' v from enf.invr.g an ' erdinance naiiig the inaxiinura amount to ! e ci arged for avis at T5 -er.ts per l.l' IfeeC. ins aa.L xs a-arieu ia avptamber. Attacks Bun. an Sqnadrou from Abort tad Eeneath tie W.ar. THREE SHIPS 0ISA3LE3 BY TORPEDOES i Beached in Harbor of Pan knhir to Pre J vent Tiarn Sbkin- i FIRST BLOW TO RUSSIA A SEVERE ONE I To Eaitlathipa and Oua Cmitar Ont of taa j Firjlit for tba Pra-esr, !T0 RUSSIAN SHIPS STRuCX BY SHF-"f Fara aa 1 Ti-slr.pi Aaswr.- ta tiroi Qf tha ! Janaaafa. FIRST ATTVIK MADE WiTH TOriPEOOES Verrhastxan Taeli Shock of tha Submiriaa .'tuck Hond7 5 ght. JAPANESE AiJ GOOD BUT USSIA1 SHORT After the attar, la the Harkar Ships Withdraw aad Rualaaa Itarl ia rnrsalt bat 6lve Ip the Ckaas. ZopyrlKht. lmo. by Jiunes Ge-1on Hennett.) (.'HE Ft si. Tuesday. Feu. .-:M p. tnu (E.Uitern Time - New York Herald Cahle-srara-.Jpe iai Tflegram..' V fleet of about eight vessels, evidently Japanese, entered Hie offing of Chee, Foo without lights at 4 .'. this ev.'iiiiig. Signalled ta shore and then !eft immt-dlatuly. Deatinaiioii un kmn n. CHE F), Feb. J.-A taember cf tha crew of the Columbia telle thie story of tiio naval battle at Port Arthur: The Columbia, waa lying In the madstesd. rurrouiiiied by fourteen Russian battle ships and cruisers. At 11. .to o clock Mon- la y nut'H a severe shock was (alt on board the Columbia. The Russians eom- j ineneed to operate their searchlights and ,. opened firs towards the sea. The flnng ; inj-:ed oolv a short time. At 1 o'elock more ino'ks were r..it and the R'.sstara sgua j commenced firing. Toe Japanese, aid not return the lire. At I ! o'.-ock twi Russtun battlevnips went In an 1 were bea-'hed a. irons the entrance of I th narlmr. They were soon foiloweil by a nusaian -miser, which alwi was bea:hei. None of the vessels were damaged aiKiva the wnter iine. Mors shocks fcim torpe iies were f.-it dui-ng ua eariy morning tnil then all was quiet. At 10 clock T'iednv morning three Japanese ej-iKu-rs pasaed port Arthur l aiaht of the Russian 1eet. The Russi.uis left eon cruiser cutside te wa:ch for the Jafancsa ships. This cruiser was fired upon by the Japanese and the ether Russian veieis look up. their anchors and rrateed around the road stead. The Japanese fleet csme m within three miles and a battla commenced. The Japanese flred on the ships sad forts, which replied. Two RusFian ships were strurk by "bells, aut were anlv slightly 'hriNii 1 The Riisma.a Ore fed short, t'lsv Coinmina steamed asV while the battle ar;is in nrogreea. but later sew the Japa nese fleet lesve. One Japanese ship wit a torpetiu boats ia reported north of Che Foo. The whole 't.issian fleet Immediately weighed anchor and went after them, but returned In half an hour. The steamer Foo Chow from Dalny passed through the Japanese fleet today. The fleet consisted of six battleships, four nrt-elnss cnilfcera and six other vessels. They were eighteen miles from Port Ar thur this morning and were proceeding in a southeasterly direction. The Foo Chow brought 30it Japanese refugees.. The Columbia waa in the roads at tha time and felt the first shock of a torpedo explosion at 11 o'clock on Monday night. The attack continued all night and at day light this morning two Russian battle- ships anil one first-class Russian cruiser wen seen to have been iftsabled and Reached at the entrance at the harbor. The cruiser waa badly Hate, to one side. This morning- the Russian forts opened fire on the Japanese fleet, which waa about three miles diarant. The Japanese vee seia returned the flis. hitting several of 'he Russian ships, hut doing little damag-aw The Russian cruisers then went out aad the .Tapaneae vessels disappeared. They were seen later going In the direction of Dalny. apparently undamaged. AIthongt the officers of the Columbia say that there) were seventeen rhips lu the attacking; pafy, only sixteen were seen later tn th day near Foo Chow. ' s.ee Wanklpa rsraarv. ', The two battleships disabled are th ; Poltava anu the Caarrttch. The dh- 1 aolf d armored cruiser Bnyarta and the grounded battleships block the entrance to ! the harbor. nvfniin nunbmita fran as. ; R.itsHiana. They then flest a:-.(i all went !n joined the main to attack tha ar- I mured ei ilsers in the Japanese fleet, which, consisted of wo divisi'itiN. were the MTkaaa, the flag ship, t.ie first L.ss i-attleshlpa. Tashima, i 'nikiahiuiu. Clutose, Asa hi and th die , pan li boat Tatsuma. The second division 1 of the fleet, under command of Admiral I Kamimuia. on the flagrrt'lp Msumo. con ! aisred of the armored cruisers Takuiiua, Asa nil and lw.iLa. When seen Uy the atesmer Foo Chow Tuesday morning the fast eruisers wets) circling in a radius of six miles. No tor ' p.sio Ixuus were seen, and tt is probable j that they left the vicinity after the tiir I pedo attack of Monday night. The Rc.s- ! man fleet outside of the harbor consisted j of t)J h I Af,: p battleships PetropaWlawsk. flig- ereswet. sub-flagKluu, Poblcda Poltava, rrarviu-h. Retvisan and ietas toiail. and the cruisers Novik. Boyirt.i, Rayaru. Dlanu. P-iUiia. Asg'dd a.id An The tn-aJiieii battleships s.-e iaid tie fort.4 H.ian Ching Shan and Chi Kwan 3aan. Tm cr-iii r in ojtaicla, but within ranife cf tha lot's. Eta sol a Mease th wa. T PETiUl-iB! KG. Fab. An offlcjal patch rece.vtd here saya tnat Japaocaa .rii. boais have ai'.aclced the Russian I I ;ur m in the outer road at Port Ar ' ' , I 'luuiiij u. jauiiiirai a.nian s ui:aii rv - ...it jf ;i. ai'.acii by the Japanirs la aa fallows. I most respecf.jy inform vc.ir ma jesly hat at or alv ut nnli..g:it of yV" r je -v 1, ;ur.e Japanese tort'-li i.oals niaitit a iii'LiCea aiccii tv im-ai s of mines nielli tne K.iMsiao M'OHloll in lbs outer r.iwiie t: e i .r:r. s .f Port Aitiior. .n wnit lbs li illjuliin ReiiLaan and Cty r I't h and tn cruiaeaT thilU.U wtsi da nsaA ' i c a