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ESTABLISHED JUNE 19, 1871.
OMAHA, TUESDAY MUKNINO, DECEMBER 20. 1J04 TEN PAGES.
NEBRASKA WINS SUIT
Supreme Court Decides Dispntsd Benndary
Cue Against Itate ef Missouri.
OLD CHAN NELL MARKS THE DIVISION
Land ii Question it licKisaick'e Island, a
Part of Nemaha County.
CONTROVERSY THIRTY-SEVEN YEARS OLD
Trior to that Time There Was He Question
u to Nebraska's Title.
FINDING IS BY JUS
Changing- of the Chaan
souri River Don 71
Boundary Line II'
the States.
, ; HARLAN
fl
WASHINGTON. Dec. 19.
eourt of the United States
the boundary case between
Missouri and Nebraska In
state of Nebraska. The cat
supreme
decided
.ates of
of the
M.ved the
question a to whether a change of the
count of the Missouri river had the ef
fect of changing- land which had thereto
fore been on the wett bank of the river, to
the east aide of the river, from the Juris
diction of Nebraska to the Jurisdiction of
Missouri, but the court held that It did
not. The opinion was by Justice Harlan,
who said that the boundary must remain
in the middle of the old channel as before
the change.
The tract of land In controversy ts known
aa McKlssick's Island, lying between Ne
maha county, Nebraska, and Atchison
county, Missouri. The controversy origi
nated In 1S67. Prevolua to that year the
Island was regarded aa indisputably in Ne
braska. The river at that point waa In the
shape of an ox yoke and on the night of
July S ef that year the water broke across
the land lying in one. of the bends, thus
throwing the land on the east Instead of
the west aide of the river. The claim was
made by the Nebraska authorities that this
was mode by the digging of a ditch.
In his opinion Justice Harlan expressed
his opinion admitting that congress had not
Intended by "Its act admitting Missouri Into
the union to change the established rule
and make the varying channels of the Mis
souri river the western boundary line of
that stats.
"Missouri," he added, "does not dispute
the fact that when Nebraska was admitted
Into the union the body of land described In
the present record as McKlssIck'a Island or
Island precinct was In Nebraska. It Is
equa!ly clear that these lands did not cease
to be within the limits of Nebraska by rea
son of the subsequent avulsion."
The final decree In the case was post
poned for thirty days to allow the Mis
souri and Nebraska authorities to agree as
to the location of the center of the old
channel.
f v" ' Most I'M ' Air Brakes.
In a decision handed down by Chief Jus
tice Puller -In. the case of Johnson against
tho Southern Pacific Railway company, the
supreme court of the United States practi
cally held that all cars, Including loco
motives, should be equipped with uniform
automatic couplers. The court also held
that dining cars cannot be exempt from
the requirements of the safety appliance
law when In use, even though empty.
Wyoming Man Meets President.
Senator Warren today Introduced to the
president Attorney General Van Orsdell of
Wyoming, who Is aiso chairman of the re
publican -state committee of Wyoming.
They had a brief talk about Wyoming poli
tics.
President Names Midshipmen.
The president has nominated the follow
ing principals for examination to till the
two. vacancies for mldBhlpmen-at-large
which occur In 1906:
Webster Allyn Capron, son of the late
Captain Allyn Capron, retired, who died
as the result of an attack of fever con
tracted while on duty In Cuba, brother or
Captain Allyn K. Capron of the Rough
Riders, who was killed In action during the
Spanish war; Rldgely Hunt, Jr., sun of
Lieutenant Rldgely Hunt, U. S. N., re
tired. The supreme court of the United States
today granted the motion to advance the
hearing of : the Benson, Hyde & Dlmond
l'uclflo coast land conspiracy cases and they
were set down for February 20. The cases
Involve the question of removal from oue
Jurisdiction to another.
MORE DENVER MEN IN JAIL
Deputy Sheriff Among; Those
Judged Guilty nf Contempt
of Court.
Ad-
DENVER, Docv 19. The supreme court to
day adjudged Leonard Rogers. William O.
Adams, Louis Hamburg and Thomas Kins
ley guilty of contempt for conduct In the
Second precinct of the Seventh ward In
this city at the recent election In violation
of the court's Injunctive order. Each was
given s Jail sentenoe and a fine.
The court announced that the evidence
showed that Rogers, Adams and Hamburg
had prevented the appointment of a re
publican clerk, and. Kinsley had ejected
the supreme court watcher from the polls.
Rogers Is a deputy sheriff and waa a candi
date on the democratic ticket for the state
senate. Kinsley Is prise lighter.
Expert M. M. Hamma reported today that
of S71 ballots found In the box from Third
precinct. Fourth wurd, which was ordered
opened by the court on Saturday in con
tempt proceedings, 61 democratic votes
were apparently written by four persons
ami Kt of these by one person, and six re
publican Votes were written by two persona.
There were S40 democratic and twenty-eight
republican votea in the box.
Carpenter Is Missing.
CEDAR RAPIDS, la.. Dec. It. (Special
Telegram.) Daniel M. Wledmyer. a car
penter living at Sol South Eighth street,
west, has disappeared from the city, and
his whereabouts are unknown to any of his
relatives or friends. The last seen of him
was Friday evening, when he got off a
wagon that brought hlra in from the coun
try, where he had been working. He hud
several weeks' wages on his person and
foul play ts feared.
Celebrate Advent ef Railroad.
CEDAR RAPIDS, la.. Dec. 19.-8peclal
Telegram.) Pralriesburg citizens are Jubl
lant over the advent of a rallrotd into that
little Linn county town. For years they
have been working for that day, and Mon.
day, when the first train over the new
Chicago, Anamoea A Southern railroad
reached there from Anamoia, they cele
brated the event with great meeting. In
cluding a speaking program aud a banquet
at the ounolusioa.
MAY NOT TALK TO JAPANESE
Rosalsa War Office Bars American
Representatives from Communl
patlng with Prisoners.
ST. PETERSBfRO. Dee 19.-The War
office has Informed the American embassy
that no one will be allowed to communi
cate In rersnn with the Japanese pricmer
at th village of Medvld, province of Novgo
rod, without Imperial authorization.
The Japanese minister at Berlin has
therefore been notified of all the facts and
the American embassy has decided to be
governed by his wishes In. the matter. If
he requests Imperial permission It will be
asked.
The American embassy at St. Petersburg
received a letter signed by sixty-eight
Japanese officers who are prisoners at Mld
vld asking the embassy to send a represent
ative there. No reason for the request was
assigned.
AMKRICA HE IS WAITED
Missouri Banker, However, Denies
Man la Short In Ills Accounts.
LONDON, Dec 19. The American em-
basey Is Inquiring at Washington whether
Lawrence Innes. a bank clerk, la wanted
on the charge of embezzlement. Innes,
who has given himself up to the London
police, says he absconded October 15 with
money belonging to the National Exchange
bank of Springfield, Mo.
SPRINGFIELD, Mo., Dec. 19 Cashier
Sanford of the Springfield Exchange bank
positively denies that Innes Is short with
the bank. Innes is said to be nervous and
peculiar.
Mnrder annrs India-nation.
SHANGHAI, Dec. 1. The Chinaman
murdered by a sailor from the Russian
cruiser Askold on December 15 as the re
sult nf a dispute over payment for the
hire of a Jlnrlksha was a native of N!ngp
(an Important treaty port 100 miles s.iuth
of Shanghai) and the affair has caused In
tense indignation among the Nlngpo com
munity here, which is 60,000 strong. Th3
lower classes are urging an attack on all
Russians in Shanghai, but they are re
strained by the Nlngpo guild, which Is
counselling patience pending the action of
the taotal. As stated in these dispatches
December 16, the tailor has been sent on
board the Askhold by the Russian consul.
where he will be tried by court-martial.
Adjourns Hungarian Honse.
Bl'DA PEST, Dec. 19 By a royal do
cree. Issued today, the lower house of the
Hunagrlan parliament was adjourned until
December 28.
Snow Storm In East.
KORSAKOVSK, Island of Sakhalin, Dec.
19. Ice Is forming along the main land and
terrible snow storms have swept over the
Island. The price of food is increasing.
MRS. CHADWICK MAY TESTIFY
She Will Probably Be Brought Before
Referee In Bankruptcy
Today,
CLEVELAND, Dec 11 Four witnesses
were heard today In the bankruptcy pro
ceedings against Mrs. Cassia L. Chad wl ok,
after which the- hearing was continued
until tomorrow when Receiver Nathan
Loeser hopes to have the woman present.
Mrs. Chadwlck's appearance will depend
on a report to Referee in Bankruptcy Rem
ington as to her physical condition, her
counsel stating in court that she was 1111
and It being agreed that several physicians
should make an examination tomorrow.
Little O.,flrr-anlsoereg etaol etaoln etaoln
When Attorney L. J. Grossman, counsel
for the creditors, waa through questioning
the witnesses he avid Attorney Dawley had
an Informal conference concerning Mrs.
Chadwlck's appearance before the referee.
Attorney Grossman Insisted that Mrs.
Chadwick should be brought into court as
soon as possible, saying he understood she
was able to be present. Attorney Dawley
then addressed the court, questioning the
right to subpoena Mrs. Chadwick and have
ner lestiry. "To bring her Into court In
her present condition would be nothing
thermorePT-fo etaol etaoln etaoln etaoln
short of inhumanity," he declared. "Fur
thermore, Mrs. Chadwick Is under no ob
ligation to testify anywhere. Nothing can
unseal her lips, and If Mrs. Chadwick were
to come here and make a statement she
would have to discharge me as her at
torney before I would consent"
Mr. Dawley asked the court to visit the
Jail, but Referee Remington did not care
to do anything beyond the usual way.
PARIS, Dec. 19. Asquulnlances of Dr
Leroy S. Chadwick of Cleveland. O.. who
left Paris for London yesterday, received
letters from him today thanking them for
courtesies etxended to him. The letters
ore blurred, the signature resembling "J.
R. Ann," whereby It is believed Dr. Chad
wick is seeking to avoid further attention.
He did not book a passage on the White
Star line steamer Cedrlc or the American
line steamer Philadelphia, but It Is be
lieved that he Intends to carry out the
statement thst he would salt this week
NEW YORK. Deo. It -Dr. Leroy' R
Chadwick and h'a daughter Mary have
started for London, cables the World's
Paris correspondent. It la said they will
probably sail on Saturday next on the
Cedrlo for New York. The doctor was
Intensely nervous and could not be per
suaded to talk. Upon leaving his hotel he
carried a heavily laden suit case, which he
never once allowed out of his hand after
he had come from his room.
POWDER IN LIMBER EXPLODES
Aerldent Darius; Artillery Drill at
Fort Riley la Which Two
Men Are Injured.
FAL RIVER, Mass., Dec. 19. The ldl
catlons here today were that the manufac
turers would not agree to submit the strike
Issue to arbitration as rpoposed. but no
official statement was made by them. The
textile unions received a check for 16,000
today from the American Federation of
Labor, making a total of 120.000 so far re
ceived aa a result of the assessment levied
by the Sun Francisco convention.
CAMBRIDGE, Mass.. Dec. 19.-Presldent
Charles W. Eliot of Harvard university,
one of the members of the executive com
mittee of the National Civic Federation
asld today wtlh ' reference to the plan to
submit the Full River strike to his com
mittee: The executive committee of the Civic
Federation, composed of forty-rive mem
bers, already has refused to arbitrate any
question whatever between two l art Its.
This Is an Ironclad policy. A proposal
cannot be stated, as the obard will refuse
to have anything to do with It."
Three members might act as a board of
arbitration, but only as a private board,
and in no sens as an executive commit
tee. This would nut in any way represent
the st-nae of the federation.
Patents for limber Lands Cancelled.
DENVER, De. IS Fourteen hundred
patents for timber claims in eastern Colo
rado were cunutiltd today by the land
office, aud It In aa Id many more will be run
culled during t.ie week. These cancellations
are made because the locators had not
compiled with the terms wf the Umber
claim sat. . '
MORE LIBERTY FOR FINLAND
Decree Introduces the Vernacular as Official
Language ef GoTernmeit Serrice.
HONORS FOR ARMY ON CZAR'S NAME DAY
Armenians of Moscow Mnke Demon
trntlon, but Agitators at St.
Petersburg; Decide to Keep
Quiet During; Festival.
BJORNEBORQ. Finland, Dec. 19 A de
cree was Issued today introducing Finnish
as the official language in the customs,
postal and other services, beginning Jan
uary 1.
Observe Tsar's .tame Day.
ST. PETERSBURG, Dec. 19. -Contrary to
general expectation, Emperor Nicholas'
nameday was not signalised by the Issue
of a manifesto on the subject of reforms,
which Is now expected December 20. A
long list of honors was gaietted, how
ever, principally army officers. The day
was marked by the usual observances.
The city was decorated with flags, a fol
emn te deum was chanted at St. Isaac's
cathedral, a salute of lol guns was fired
from the fortress of St. Peter and St.
Paul and free performances were given at
the theaters.
The publication of Lieutenant General
Stoessel's telegrams, recounting the story
of the wonderful detente - of the heroic
garrison of Port Arthur, productd a good
effect and the agitators made no attempt
at anti-governmental demonstrations.
The nobility at Tnarskoe Selo marked the
occasion by starting a subscription for the
purchase of a residence there for General
Stoessel.
Armenians Make Demonstration.
MOSCOW, Dec. 19-The Armenians of
this city at a reunion last night made a
big anti-government demonstration in
which students participated.
Officers Responsible for Men.
KIEFF, Russia, Dec. 19. The governor
has Issued a proclamation announcing
that Emperor Nicholas has conferred on
the heads of military districts In whloh
martial law is not declared the power of
trying by court-martial all officers in
charge of troops in the event of the latter
committing excesses, punishable by penal
servitude under the military code. The
officers are thus held responsible for the
conduct of their men.
Distress In Polnnd.
WARSAW, Dec. 19.-On account of the
scarcity of hay the peasants of the Vis
tula district are compelled to sell their
horses as -low as 2 apiece. The poor Jew.
in order to comply with tbe rites requiring
fish on the table Fridays, are buying Hah
heads from the restaurants.
Plaarue In the Factories.
ST. PETERSBURG. Dec. 19.-The gover
nor of Vlutka reports a serious outbreak
of Siberian plague In factories in the dis
tricts of Vlatka and Slobodskol, which are
preparing fur coats for the troops in Man
churia. Two hundred and forty-seven cases
have already been reported. The plagui
has been traced to sheep skins and the de
livery of fur garment! to the troops has
been suspended. "
Expert Hamma testified that the four
of the fraudulent republican ballots were
written by the same man who wrote 229
democratic fraudulent ballots and that al
most all the fraudulent ballots we; writ
ten by the same persona who wrote the
fraudulent ball ts contained In the boxes
heretofore opened. The defendants. City
Detective William H. Green. Frank Mc
Mahon, Jean De Suye and Robert Good
man, denied under oath that they saw any
repeating or that they had Intentionally
violated the court's orders.
DESERTER COMMITS SUICIDE
Member of Hospital Corps, Company B,
Sixth Infantry, Kjlls Himself
in St. I.onla Hotel.
ST. LOUIS, Dec. 19. A man known as
I H. A. Leslie, but supposed to be Henry
W. Leytance, deserter from the hospital
corps of Company B, Sixth United States
; Infantry, was found dead In a bath room of
' the Carleton hotel today. There was a
i bullet hole In his right temple and a re
volver was found beside him. The body
waa taken to the morgue and an inquest
will be held. It Is supposed that the man
killed himself. No one wos found who
heard the shot.
He registered at the hotel December
I as Leslie, and received mull under that
name. Enlistment papers bearing the name
of Henry W. Leytance were found in his
pocket.
Major Kirby, in charge of the army re
cruiting station here, said today that Ley
tance was a deserter.
BR ITT AJTD KELSON ARB READY
Each Pugilist Confident Ha Will win
Tonlorht's Fight.
SAN FRANCI8CO, Dec. 19. Not until a
few hours before their fight tomorrow
night will Jimmy Brltt and Battling Nel
son leave their camps. Their work, how
ever, practically ceased yesterday and the
young boxers today did little more than
move about In a recreative way. Nelson
Is slightly under weight and Britt a frac
tion over the mark, so the forfeit money
la safe on both sides.
In interviews today each of the pugilists
expressed confidence In the outcome. Brltt
said:
I am going to be beaten some time, but
Nelson won't be the man. He Is not a good
enough tighter to whip me. This may
sound like conceit, but it Is a fact, never
theless. When I say that I will beat Nel
son don't think that I am looking for an
easy victory and that I am underrating
him. From what I have seen I think Nel
son Is the best man I ever signed articles
with.
Nelson said:
When I fought Corbett I was better than
when I fought Hsnlon, and when I meet
Brltt I will be better than when I heat
Corbett. I have more confidence, and I
think I am a better fighter. I have Im
proved, but I think Brltt has been at his
best. He won't be any better when he
meets me than when he fought Uuns or
Corbett. If Brltt beats me, all I can say la
that he will know that he has been In a
fight and that he found me In my best
condition. I will have no excuses.
Betting on the match has thus far been
light, with Brltt the favorite and the Nel
son supporters asking for greater odds.
Today 10 to S were the figures given around
sporting headquarters, and tonight the Nel
sonltes were asking 10 to 7. The heavy bet
ting Is not looked for until tomorrow.
' MeFarland Hearing Wednesday.
CEDAR RAPIDS. Ia. Dec. 19.-(Bpeclal
Telegram.) Thomas MeFarland, the de
faulting cashier of the Foresters' lodge,
who was arrested In Chicago, Is in the city
jail here awaiting trial on the charge of
embeis'.lng 37.K from the local lodge. He
will have a hearlno- Wednesday, havln
pleaded not guilty. Ha left Cedar Rapids
several weeks ago on the night the audit
ing committee of the lodge was to meet
with him to go over the books, and after
much searching was located la Chicago
BULLET IN WOMAN'S HEAD
9 Clue to Identity at Murdered
Woman Kor to Her
Assailant.
COLORADO SPRINGS, Colo., Dec. 19.
That the young woman who was found
dead on Cutler mountain on Saturday was
murdered was proven by the postmortem
examination today. The removal of her
matted hair and scalp revealed the wound
in the head and resulted in the recovery
of a bullet.
There Is absolutely no clue to the Iden
tity of the girl, the authorities, here being
wholly at a loss to establish' anything
In this connection.
Many inquiries have been received from
large cities In the east relative to de
tails In a description of the girl, but noth
ing beyond that revealed yesterday has
been discovered.
The authorities place no faith In the
possibility that there is anything in the
nature of a clue in any of the cards and
papers found about the scene of the crime.
Coroner Law Is anxious that the descrip
tion of the dental work be given publicity
In order to help in the work of Identifica
tion. The upper right wisdom tooth is unde
veloped. On the upper right side of the
mouth a solid gold bridge extends from
the first molar to the cuspid. The second
molar Is present. The first and second bi
cuspids are absent, filled with solid gold
dummies. There are two gold fillings, me
dium size, In the mesial of the upper cen
tral Incisor.
On the upper left side a gold bridge ex
tends from the first bicuspid to the sec
ond molar, worn, on the meslo lingual por
tion of the crown. The second molar Is
made from a bicuspid dummy. The third
molar Is present. '
The lower right three molars or wisdom
teeth are present. The second molar Is
gold filled In the meslo occluslal surface.
The first molar is absent and has been
gone several years.
All the teeth are present on the lower left
side. Large gold fillings on occlusion of
first molar. Large gold filling on occlusion
extending on to distal surface of second
molar.
The post mortem examination was held
at the coroner's morgue today First the
skull cap was removed. This revealed the
cause of death beyond the shadow of a
doubt. The bullet entered the lert side of
the head, penetrating the skull about two
Inches behind and one Inch and a half above
the ear. Its course was almost directly
through the head, the perforation Indicating
that Its second passage through the skull
was about one Inch lower than the point
of entrance. The bullet, which was of 3S
caliber, lay between the skull and the
scalp, the latter not being perforated. Tho
bullet was much flattened by Its two con
tacts with the skull.
The post mortem examination was com
pleted this afternoon. It was without re
suit, beyond determining th -cause of death.
It was stated that the girl's- condition at
the time of death was normal and that It
simply was a case of desire to get rid of
somebody.
FOUR BURN 0NAN OIL BARGE
Explosion Throw OH. Over' Craft and
SnrrlTor Are 'Seriously
Injured.
NEW TORK, Dec. 19. By an explosion
and the burning of 1,000.000 gallons of pe
troleum, on a Standard Oil company's barge
at sea off Long Branch, N.' J., Sunduy
afternoon, four men were burned to death.
The dead are:
CAPTAIN C. P. STOKES.
A. SALE, engineer.
AL BRANDT, fireman.
THOMAS JOHNSON, sailor.
One man is missing. H. Hansen, a sailor,
had shipped tor the trip, but it is not
known whether he was on board. If he
was he must have perished.
Four survivors of the crew of the burned
barge were brought to this port and are
in a hospital suffering from burns.
The steel barge No. 91 and another barge
were in tow of a tug bound for Philadel
phia. Something interfered with the flow
of water from tho fresh water tank and
Engineer Sale and Flremun Brandt went
below to investigate. An explosion fol
lowed, whether of gas or a boiler is un
known. . In a twinkling the barge was
ablaze from stem to stern. The tug which
had the barges in tow went alongside the
burning barge and took off feur seamen,
but the blase had sprcud so fast that the
others could not be rescued.
When the biasing barge was sighted last
night it was Impossible to learn anything
regarding the fate of the crew. Tugs
which were near at hand gave all the as
sistance possible and no effort was made
to reach the barge by the life saving crew
at that point. The first news, therefore,
came here today, when a tugboat put into
Long Island City with the four survivors
on board.
All of these men were seriously burned
and were taken at once to a hospital.
There It was found that one of them was
In a critical condition. It Is believed that
the other three men will survive their In
juries. The cause of the fire on the barge has
not been explained. None of the survivors
was In any condition to talk today, but it
waa learned tliat there was an explosion
and burning oil was thrown over the ves
sel. The barge had on board 21,000 barrels
or 1,000,000 gallons of oil.
NEW BASIS OF RELIGION
Dr. Lyman Abbott in Address to
, Students Tells of Change
of Opinion.
NEW YORK, Dec. 19.-Dr. Lyman ab
bott, in a sermon to Harvard students, has
announced his belief in a religion founded,
not on the Bible, but on science and the
outreachings of the human heart, says a
World dispatch from Cambridge, Mass.
"I wonaer," he said, "if you will under
stand me when I say that I no longer be
lieve in a great first cause. My God is a
great and ever-present force, which Is
manifest in all the activities of man and
all the workings of nature
"I believe in a Ood who is In and through
and of everything not an absentee God
whom we have to reach through a Bible or
some other outside aid, but a God who is
closer to us than hands or feet. Science,
literature and history tells there Is one
eternal energy, that the Bible no longer can
be accepted as ultimate, that many of Its
laws were copied from other religions, that
the ten commandments did not spring
sponlaneoudy from Moors, but were, like
all. a gradual growth, and that man Is a
creature, not a creation.
"No thinking man will say there are
many energies. The days of polytheism
are past. There la only one energy. That
snergy has always been working. It is an
Intelligent energy. No scientist can deny
It. It was working- Utfui Christ's time,
even aa It Is bow."
BARER WINS ON HIS APPEAL
Attorney Geieral Order His Eeinstate
ment ei the New Mexico Bench.
ANNOUNCES HIS INTENTION TO RESIGN
Settlers on Nebraska Land I'nder Na
tional Irrigation Art Wnnt More
Time in Which to Make Set.
tlemeat on the Same.
(From a Staff Correspondent.)
WASHINGTON, Dec. 19. (Special Tele
gram.) Judge B. S. Baker has been vindi
cated. Today after a full and complete
hearing on the charges made against him,
the attorney general directed the following
letter to Judge Baker:
Hon. B. 8. Baker. Albuquerque, N. M.
air- 1 ha 'a HMn Aririni hv the president
! to Inform you that he has revoked and
annulled the order for your removal from
the position of associate justice or tne su
preme court of New Mexico, which was
communicated to you by letter of December
9, 1904. Tours very truly,
W. IT. MOODY.
Attorney General.
When this letter was handed to Judge
Baker after his statement of the facts in
connection with the charges against him. he
stated to Attorney General Moody that
having been vindicated he felt it Incum
bent upon him to tender his resignation at
once. The attorney general said it was out
of the question to accept the resignation
at this time because undoubtedly Judge
Baker had matters pending In his court
which ought to be cleaned up before he re
tired from office. That Instead of having
his resignation take effect Immediately he
thought it should reed to take effect afte
hlsi successor had been appointed and had
been qualified. This appeared entirely
proper to Judge Baker and he changed the
verbiage of his resignation to take effect
on the appointment and qualification of his
successor.
Now that the Baker matter Is finally ad
Justed It may not be out of place at this
time to state that when Senator Millard
and Representative Hlnshaw presented
Judge Baker to the attorney general. Judge
Baker at that Interview stated to the head
of the Department of Justice that hr
neither wanted a reinstatement for the
purpose of holding the position nor did hr
desire the position Itself. What he wanted
however, was a fair and Just hearing for
the purpose of showing that his record wn
I clear and that there was no Justification
j or warrant for the action" taken by the
' department or the president. That with the
' record cleared up he realized that his use.
' fulness as a member of the supreme benct
t of New Mexico might be doubted and be
therefore decided upon his course which
closes the incident.
Judge Baker leaves for Chicago tomorrow
accompanied by Mrs. Baker. He goes fro"
Chicago to Omaha, reaching the latter city
Saturday. After a day or two spent It
Omaha he will go to New Mexico and re
sume his place on the supreme bench, sit
ting en banc with the court on January 3
and remaining there until his succossoi
qualifies.
Future Course' I'ndeeMed.
"As timy -ftrture- movements after I
leav.1 the bench," mid tbe Judge. "I am
somewhat at sea. I had hoped never to go
back to active practlcu agntn, nor am I
certain that I will now. Certainly the
only thing left for me to do after I had suc
ceeded In getting my record cleared was to
; resign, for I realized that to continue- as
' an associate Justice of the supreme court
of New Mexico meant anything but friendly
relations with some of my colleagues or
that bench. I have made many friends In
New Mexico during my residence there
I would have no difficulty In forming r
partnership in the law that would be verv
advantageous to me. It may be that I will
go back to Omaha, where my friends ore
and where I can live much more comfort
ably than I can In New Mexico. However
I am not worried about my future. I will
take my time In looking over the situa
tion." Settlers Ask Belief.
Representative Hlnshaw Is In receipt of n
letter from L. S. Hastings of David City
asking relief for certain persons twenty or
thirty in number residing in that locality,
who have taken homesteads In Sioux, Chey.
enne and Scott's Bluff counties, Nebraska,
under the national lrrlga-.fon act. As tlx
law now stands these persons ' will be
obliged to establish a residence on thee,
homesteads the first of next year. The lam'
which they have taken, according to At
torney Hastings, Is suitable for no purposi
unless irrigated that is, unless they gel
the benefits of the government irrigation
ditch which has been surveyed In the lo
cality mentioned, but which will take n
year or more to build.
Representative Mondell of Wyoming har
introduced a bill applicable to the Shoshone
Irrigation enterprise which provides tha
all qualified entrymen within that district
who have heretofore or ahull hereafter
prior to July 1, 19ti5, make entry upon tht
lands to be Irrigated in Big Horn county.
Wyoming, shall have until May 1, 19U6, in
which to establish residence. Clients of Mr.
Hastings now seek to have the national
Irrigation law amended In some way that
will give them the same privilege as con
templated In MondeU'g bill.
Nebraskan in Inool Case.
A former resident of Nebraska was an
Important witness in the Stnoot Inquiry
today. He was Isaac Blrdsall, who went
west and became a Mormon some twelve
years ago. Blrdsall has a daughter who
proved up on a homestead and secured a
patent to ISO acres of land. A man named
Leavltt claimed to have made a purchase
of a portion of this homestead from the
young woman and that she refused to deed
the property to him. He appealed to tho
bishop's court in the ward In whloh they
lived and obtained a Judgment against her.
She appealed to the higher church authori
ties and the Judgment was confirmed. She
still refused to deed the property end was
excommunicated in consequence. This was
about a year ago and the Incident bos so
preyed upon her mind that her sanity was
in danger and she waa at last Induced by
the church authorities to deed the forty
acres to Leavltt and be rebaptised Into the
church.
Point for Railroad Men.
No decision of the supreme court has
caused so much pleasure to members of the
Interstate Commerce commission as that
rendered today reversing the Judgments ol
the federal court In Utah In the case of
Johnson against the Southern Pacific rail,
road. The case grew out of what Is known
as the Coffin law. Coffin la an Iowa man
who took great Interest In the betterment
of the condition of railway employes. He
spent many years In Washington in push
ing legislation to compel the railroads to
adopt safety appliances, 'brakes and coup
lers for all cars used in Interstate com
merce. Soon after the date fixed for this
law to go Into final effect Johnson, while
engaged in coupling cars on the Southern
Purine was crippled. It was shown in the
trial of his action for damages that tht
NEBRASKA WEATHER FORECAST
Fair and Colder Tuesday. Wednesday
Knlr.
Temperature at Omaha Yesterday!
Hour. Den. Hour. De.
n n. m 14 1 p. m
tl a. m it a p. m at
T n. m 1.1 8 p. m !;l
N n. m '.IV 4 p. m
II i. n 1.1 It p. m HT
1 n. m is p. m nl
It a. nt i T p. m B
12 m at! N p. m 8
p. m an
M'GREEVY REGRETS FLIGHT
Denies Hnvlns: Tnken Rank's Money
or Responsibility for Its
Condition.
PHOENIX. Ariz.. Dec. 19-(Speolnl Tele
gram.) Bernard B. McGreevy, the presi
dent of the dfunct Klkhorn bmk of
O'Neill, Neb., arrested In this city y. ster
duy, had a good deal to say for himself
today. He declares that the worst thing
which he hus been guilty was running
away, which he picturesquely describes a
a "fool thing to do." What is more, he
says that he told his lawyer that he was
going to run awny to Arizona and that his
legal adviser assured him that he could
commit no greater folly.
"I knew that the crash was coming two
months before it actually hanpt ned," Mc
Greevy said, "but I could not help it. I
did not have a dollar In the Institution.
While nominally president I was In reality
only a bookkeeper. The looks will show
that I was employed merely as a book
keeper and that I was president In name
only. Patrick Hagerty, the bank's cashier,
was the authoritative head of the bank
and what he said went. If any funds are
missing Hagerty is the man with whom
ihe responsibility rests."
McOrt-evy was told that about t&.OOO was
missing and that it was suspected that he
and Hagerty had gone away togt'thir.
"That Is altogether a mistake," MiGreevy
said. "Until this minute I did not l.now
Lhat Hagerty had skipped. When the bank
.'losed the afternoon of November 23, I
went to my attorney and told him that Its
tloora would not again bo opened and that
1 was going to Arizona. He advised me
not to go and said that If I remained at
O'Neill I would be protected and would
be in no danger.
"I was treasurer of my school district
ind before leaving I turned over to the
proper persons $2,600 school funds which I
then had in my possession."
When arrested McGreevy had 110 on his
person and 11,000 on deposit In the Phoenix
National bank. Cuptuin 11'. McDonald re
ceives fSOO reward for making the arrest.
He seems to have come Into possession of
McGrec.vy's description from a tource
julte out of the ordinary police routine.
30DY BEARS OMAHA CLOTHING
Inldentlfied Mnn la Killed by Bur
lington Trnln Xenr Gillette,
Wyoming.
GILLETTE. Wyo., Dec. 19. (Special.) A
westbound Burnngton freight train ran
down and Instantly killed an unidentified
mart last Menday. The evidence before
tha coroner's Jury , showed that L. I.
Meserve, the engineer blew the whistle and
the man stepped off the track, but stepped
on again and was struck by tho train.
The man was of sandy complexion, aged
about 40 years, five feet ten Inches In
height, dressed in a dim blue small check
suit, nearly new, that bore the murk of
the Nebraska Clothing compuny, Omaha;
heavy fleece lined underwear, striped hick
ory work shirt, a new cup. box calf shoes
No. 8 (somewhat worn) and weighed about
1G0 pounds. His hunds and appearance
bore evidence of his being a laboring man.
Two buslneese card the Blue Rlbl on cafe
and Great Western cafe, Omaha were
found on the body. The latter card had
the name of "John Grosjcan, 714 8uth
Seventeenth avenue," written with lead
pencil on back. The following articles
were, also found on the body: Conductor's
white hat check, A29j966, with three star
punches in sume, and written on lime
with a lead pencil, "79 Gret."; Elgin watch,
No. 20fi5361, open face, key wind, sllverlne
-ose; watch key; home mii'le key to valise;
beer bottle opener and three 6-cent rlpcrs.
The coroner's Jury exonerated the train
crew from blame and the body was In
terred at Gillette.
Life Sentenee for Wife Murderer.
ABERDEEN, S. D., Dec. 19. (Special.)
The Jury In the case of Frederick Meier,
charged with the murder of his wife, Dora
Meier, fifteen miles south of Bowdlo on the
Saturday before Thanksgiving, which has
been on triul at the term of circuit court for
Kdmonds county, at Ipswich, returned a ver
dict of guilty, and Judge Gaffy sentenced
Meier to life imprisonment In the state pen
itentiary at Sioux Falls. The murder was
i brutal one, Meier stabbing his wife In
the abdomen with a pocket knife while they
were at the home of his son-in-law. Im
mediately following a furious quarrel be
tween the couple.
Hirer Closes at Pierre.
PIERRE, 8. D., Dec. 19. (Special.) The
river at this city is at last frozen strong
nough to bear footmen, but it will be sev
eral days before teams can venture across.
The freeze up came much later this year
than the average date for closing the
Uream here. Another feature was thai
lust before the freeze the river was about
two feet lower than the low water mark
ind settled down to a channel only a few
hundred feet In width on the Fort Pierre
tide, where it Is generally several hundred
vards wide nt the lowest stage.
May liaise Cattle la Cuba.
PIERRK, 8. D., Dec. 13. (Special.) Truels
Mudaen and Harvey Ash left here ye.Her
lay for a trip to Cuba, on which they ex
rect to be absent for several weeks, the
principal purpose of their trip being to
look over that Island and size up its possl
' lllties as a cattle country. They both have
large cattle holdings in the country west
of this city and consider that they will be
compelled to seek new locations at an
arly data.
Dedlrate Fine Church.
CEDAR RAPIDS. Ia.. Dec. 19.-(Speclal
Telegram.) The Central Park Presbyterian
church was dedicated here with appropriate
ceremony. The church is a handsome stone
affair, erected at a cost of 112.000. It Is the
fourth church erected here this year. Prom
inent men of that denomination from all
over the state, assisted by the local minis,
tera from other denominations, took part
In the exercises, which were conducted by
Rev. Bryunt of Coe college.
Grand Army Oltleere st Uuulap.
Dl'NLAP. la.. Dec. 19 (8peclal.) Shields
post No. 2KJ, Orand Army of the Republic,
hus elected officers as follows: Commander,
John Hule; senior vice commander. A.
Cook; Junior vice commander, 8. D. Nash;
quartermaster. W. II. VanSlyke; officers of
the day, J. A. Traver; outside guard, J. D.
Hervis; chaplain. M. P. Brace; surgeon, B.
J. Patterson; delegate to stale encamp
ment, IL O. Dean; alternate, 8. D. Nash.
TOCO MAKES REPORT
Japanese demmander Telle of Attack Upon
Battleship Sevastopol.
HEROIC ACT OF COMMANDER YE20
Fires Twe Terpedoee at Short Range aid
is Out ia Two by Shell.
TOGO WILL RETURN TO JAPAN SOON
Hie Campaign of i Moithe Equal to Any
in Naval Warfare.
MIKAIO'S MEN CAPTURE A FORT
Mine F.sploded t'nder Defenses on
KrkYvun Mountain and They Ar
Carried at Point of Bnyonet '
After I. oner Struggle.
TOKIO, Dec. 19. Although accustomed to
hesrlng of arts of bravery on the part of
their soldiers and sailors, the ncanls of
Japan have been thrilled by t .etalls
of the scries of desperate torpedo attacks
against the Russian battleship Sevastopol
and other craft driven outside the harbor
of Port Arthur by the fire of the Japanese
land batteries.
Commander Yezoe and Lieutenant Naka
hara ore the heroes of these attacks, and
tho former promises to gain equal promi
nence with Commander Hlrose (who on
March 27 last was blown to fragments In
Vice Admiral Togo's second attempt to
bottle up Port Arthur) in the war tradi
tions of Japan.
Commander Yezoe's flotilla of torpedo
boats was undergoing repairs when the at
tacks were planned, but he succeeded In
putting one, of his vessels In condition for
a fight. On this vessel he promptly
steamed to the rendezvous, and, finding
that the other flotilla had gone, begged
and gained permission to Join In the at
tacks. Then he steamed through the snow
storm alone and succeeded In locating tha
Sevastopol, to which ho was able to get
close enough to hear the Russians talking,
Yezoe fired a torpedo and then went
closer and fired a second torpedo, when
a shell from the Sevastopol struck him
in the abdomen, cutting his body in two.
Portions of Commander Yezoe's remains
were saved und brought bark to the fleet.
They will probably come to Japan for
public Interment, as was done with portions
of the remains of Commander Hlrose.
Lieutenant Nakahara went to the rescue
of a disabled torpedo boat which had been
under the command of Lieutenant Naka
horl, who with five others was killed, and
submitted to a deadly. Are. Nakahsra's
boat was hit repeatedly, but he succeeded
In rescuing a majority of the crew of Naka
horl's boat.
More of Admiral Togo's men volunteered
for participants In the attacks than could
be assigned.
It is probable that Admiral Togo- wilt
soon retrun to Japan, leaving a Junior ad
miral to conduct the final operations and
to continue the blockade. It Is expected
that Togo will be summoned by trie em
peror to Toklo where he will be gle
splendid public receptions.
Imlral Togo's campaign of ten months
Is considered equal to any in the history
of naval warfare. He has labored con
stantly under the necessity of preserving
the vessels of his fleet for service against
the Russian second Pacific squadron. The
admiral and his men have 1 stood storm,
stress and exposure excellently. The men
are In good! health and exultant.
Admiral Toko's Report.
Vlco Admiral Togo's report upon the
torpedo operations against the Russian
turret ship Sevastopol was received today.
It says:
On the night of December 14 our torpedo
flotillas mude a gallant and brave series of
attacks against Um KusBiun turret ship
Sevastopol.
The flotillas arrived outside the entrance
to Port AriRur ubout midnlaht on that due.
The leuding flotilla under Commander I n
chlda und a special torpedo bout, purily for
attack and partly to reconnoiler. up
proached the Sevastopol ut 1 o'clock and
unoer the seurchi.gotu und fire of the
enemy's ships und shore butteries they at
tacked it.
A shell struck Commander Mltamura'g
torpedo boat und four shots hit Commander
: in a Ka mat u tiout, Injuring tnree sailors.
Subsequently our flotillas attacked, acting
, Independently.
l-'loilllu A, Commander Kasama, advanced
i flrt for the purpu.ie of destroying the de
I fenses protecting the Suvasrtopol and also
i to draw und divert the fire under the
enemy's Keurchllghts. Flotilla B, Com.
I rounder JlnguJI; flotilla C, Commai.der
! Otakl; flotilla 1, Commander Sekl, and flo
tilla E, Commuuder Kawasu, approached
I bui ccsbl vely und bravely continued the at-
tucks from 2 until 4 o'clock in the morning.
Commander Otakl s flntiila approached
the closest und delivered the most vigorous
attack.
Japanese Bouts Are Injured.
While retreating one torpedo boat received
several shots simultaneously, Its com
mander. Lieutenant Nukahorl, and Ave oth
ers being killed. The boat lost Its freedom
of motion ami Lieutenant Nukhuras" boat
went to the rescue and, despite the heavy
tire, endeuvored to save It. While towing
the boat Ihe enemy's shells severed the
hawser. Lieutenant Nakhlra'a boat Wus
also hit und one man killed. Subsequently
several shells hit and almost disubled Lleu
tenaiit Nakhlru's boat, forcing him to
abandon hb comrade snip, which wss sink
ing. Lleutenunt Naknhlru, however,
steamed buck, rescued the crew snd aban
doned the torpedo boat to Its fate.
Commander Kuwase's boat, belonging to
the sume flotilla, was struck by a shell,
killing one of the crew and wounding Lieu
tenant Tukulinshl und two sailors.
Lieutenant Bliono.sh's boat wus hit and
one- of the crew killed and flye wounded.
Tho boat was temporarily dlsubled but his
comrade ships, with Lieutenants Walaeabe
and Mori commanding, protected
rescued it. All the other bouts bravely far.
ing tho enemy s tire succeeded in delivering
attacks without suff rlng any duinsge.
The result of the '.tacks Is not defin
itely known, ultln. it U evident that
numerous torpedoes ,ik effect.
Tho wutch tower reporting on the follow
ing morning auld that th Sevastopol had
lowered at the bows considerably facing
toward south foutheast. Its condition Is
such lhat It doe not change Its position la
the cunent it is anchored close In shoro
'"ll'h aourcof satisfaction that our tor
pedo attacks were delivered w'thf't
least confusion. Each boat rendered mi
terlui assistance to its comrades, ihe skill
ful maneuvering and bravery of tnoofneera
Irnd men li.spu-. s me with a deep feeling of
satisfaction and confidence.
Japs Capture Another Fort.
Confirmation hus been received here of
the report that the Japanese army besieg
ing Port Arthur has stormed and captured
North fort, on East Keekwun mountain,
afttr exploding a mine under the fortifica
tions. Evening The Japanese fired an Immense
mine under portions of Ihe noitn fort of
East Keekwan mountsln at I o'clock yes
terday (Sunduy) afternoon.
The infantry afterward charged and oc
cupied the fort with a heavy force,
it Is reported thut th Japanese have
seized a strong position about l.ouo yards
southeast of iud-Meter hill preparatory to '
assaulting ths new tuwa nod suattiag bo-
jjCoalluuea utt Second fae.)