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