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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 30, 1904)
The Omaha Daily Bee. THE SUNDAY BEL-BEST KEWS BEST PICTURES BEST STORIES, THE SUNDAY BEE A NEWSPAPER AND A MAGAZINE IN ONE. ESTADLISHED JUNE 1ST1. OMAIIA, FKIDAY MOKNIN'f., PECEMREH 30. 1104. TEN PAGES. KINULE COPY- Til I EE CENTS. MAJORITY IS DIVIDED Ooiortdo EepiblictM 5iA Arrrvu TpoTi the FIab to ieseit Fakbouj. wOlCOTT l OBJECT TO fPOPOSE WOVE Ewlara Tlit Tfc?T WC1 Vireii' j Otpc-st kzj Attempt to Co-iut Oni Ada-it. ACTION OF THE UGtSLATUPt IS FUM. Ita Curui of too Yew f tie 05oen Sot Sttj-ictto . t' UDGE CARPENTER UiED , YTEKPT He DbalwM Writ tt li ' lie ImiH fr Las ( ' r T- DfBwrali aad la . i. DEXVtH. Dec Very few members cf tit legislature have et arrived in tbe dt at;d Letter tit plana ef William O Evans ahd other republican leaders to res at Gov ernor J tines Peabody iil o advised T a majority of tb rnniMlf member ta still la doubt. Tbe rrruUlctat caa carry ar.y Dttuon o b tlcn they-are agreed. There art at let kaif a doaen candidate for the speakership. Some republican memr-er knoin as fed k'wers of turner United Slates Senator Ed ward O. Wolcotf kave decided that while thry do Dot contemplate a union with tba democrats under any consideration, they will uppoM vigorously any plan for count trg out Adaiaa The Wo loot t republlcana M) they U1 go Into a party caucus and will agree ta abide It tbe decision of the caucus up to a point where It conflicts with their conedencea. They insist that they have 'always strictly observed party reg ularity, but when a course la ccbhwhJcJ that ta morally wror.g they wU not follow tt and they m 111 not consider tbetr declM-m la that regard aa Irregular." The plan to eat Governor Peabody. some of them de clared. t w lot at and no caucus action win bring then to support such action. The canvass of th tmh for state officers Is made fey the legislature and t not sub-y-t to review ta the courts. JwS Cite Imw rateaaat. For the first time la the hlf tory of the state a Jttdge of a district court was com peJled to appear In person before the u prems court of the state and ezp.ain to that tribunal why be had Issued a srlt or aundamua. arbt-a it was apparent that he was In error la so doing. Judge Saaiuel I CarpeBter of the district court was the man serred with the citation. A solemn protest against the action of the high court was entered by Judge Carpente aad as awJd under the circumatancea be thought be had a right to Issue the writ for Charles B. Ward and Dr. Michael Beshoar. eauBdidates on the democrat ticket from Boalder and Las Animas counties, re- j spectlrely. Berng now adrlsed that the sa prrae court has decided that district coorcs kar a power to tasue suck wrlta the Judge said: 4 Tit BMssaea -otangalary -poa - this respon&cct wuhout any order of this court of his on motion to dismiss awch proceed ings. " Judge Carpenter was thereupon dis charged by the supreme court and be wras directed not to take any further action di rectly or Indirectly la the matter.. Cssea Asslaat Attorneys Oiet. Dtdsioa la the contempt procedlng aganlst Senator John A. Euh and Artor bey Everett Bell, who were cited for con tempt In procuring writs, was deferred until next Tuesday. Charles J. Hughes, jr.. was cited as at torney for Rash and Charles B. Thomas tor Bell and answers were filed by both of the accused sttorneya. Fron these aa awors H appeared that BeU was not an attorney of record tn the case before the district court and merely telephoned in formation of the supreme court a de claioa to Rosh. Both attorneya pleaded Igsoraatos of the full aoops of the de clsion. Rush also stated that be had aupposed that the supreme court had no gone Into the merits of the matter, be cause It would bear arguments only on the question of jurisdiction. Us bad acted aa no had ta order to protect the Interest of his clients In aB things. He said At torney bell bad telephoned to him that the decision of the court of sippsais two years ago would aw the law of the stats until reversed, and said the only way ts havs It reversed was to get action la the district court. Rush ailc-god be did not know any rule or order bad been made fiff-biddlng th district courts to take asy further drtlon. rTsmpt action was neors sarj . 'be said, because be was Informed that the State Caarassir.g board was pre paring ts bold a meeting Immediately after the dsdsioB of the spireme court and adjourn before any court could act. BeBBbUesuaa Taao (eilnL By the ac'joc of the State Csn rasstng board id Issuing certiAeates of elocUoa aa aenators to On si me ro Bareia aad Heary B. M Hard, the republicana tVai-e secured suck absolute control of I ha gtaM-ral assembly that It Is bow re carded la democratic circles as highly robable that Go re rx or Jssoes H. Peabody will bo reseated. The republicans' plan, it Is aald, to aocoaspUsh this by throwing out the rot of all democratic wards of Den ver and counting the vote of the republican wards. The Sena t now stands: Repub lican. If; democratic. 11; vacancy, L Oa i iliil ballot the legislature atabde: Rpuh 1 rea. , democratic. XS. Vj throwing out one Laa ALlznas county jecliart the canvaseirg board converted a unvrity of li4 into majority of '7 for Bart la. aad by slanllar action In Boulder cxui,ty the re-election of Senator Ward, democrat, was naliified aad his seat given to Millard. Althobgta the memhera of the canvaasliig board r-fiwl to sar bow tbev m r s.n the propositi (. to go behiad the returns, it j has beea learned that on member. State I Treasurer Wtitney Newton, was opposed ! favor ef unseaur.g ike democratic aenalors elect are Ooverner Jsomis H- Peabody. Sec retary of State James Coa ie. A tome y Geaeral X. C. Mulcr aad Auditor J A Holmberg. All tke members of the board ar republicaaa. Chief Juiioa Gsbbert aanounced that the supreme court had not fouud time to consider the petition of Gcwtncr-elect AJva Adams t open all the ballot boxes used la Denver st the recent election and demsaS t:.e extent cf the frauda eaalailsat t Liberty I eeawe. Tht ' t rt y league state contenuoa ai a id '.! llowfeg resoj utlua today: R.jivrd. That we desoanc la anmeas vrd " acKa of the repabix an yaviv ts aliei iit to overrule the i-Laiulv Eire.wd wm of lb by aiuiliartiy r.:ri out tt.e return fioea a large Ma. bee of pieriorts taat t ti ei.d lht gaanjd a Scuoaa ADMIRAL KAZNAKCFF RECALLED Itoaslaa resssilMleaer OB er1h e Board la arrerAH by Ad. sslrsl Dtikinnf. ST . FKTERe-BTRO. T-r 3 A Jmr-a' Kasraa'fT it t-:-rT,ir to P.uf! and wli: 1-e rrarJ VI e AiiT-iral Ioa: asol as RMpsjfan c ''mnn(i(-T?er n ihe ia:ems t -r.al rrtnr. Rfion at rrt which if to Ti q Jr irt tb Ni-k fu ln -id'Bt t'ltajf rl :art fcr Ftrn c-it hk Al-nlral Kmk..fT 1 rturrJ g ejua ''. i.i health It s-iti rOt jet ahlute;y certala whetbtr be will r 14e to cwn tino a a merrtr "T th cTnmls on At :le artnJraliy tbe r.wt of M treakdown JV1 nuK eartr.K?. It t- n f-ard ln be war atp'4r,t-d thit be wojd not up tort th siraln. W-e Adm:ra! D'n.bsss 'ff w a." gtTB an audierre f tie trnf-er-r Jurt t?ore h.s majesty's depart jr for the south. Thl is refurled ai t-or.r.rma'.l c f the rej'Tl that Doubawfi to rt-7-lsce KaznakofT en the North eta comtnisM n. Dliassoa la emlritntly St?l to represent Ruaa gm that cmmiss.on. He if tntrse-Jc and f.pe;ks the Er.fUfb and l"r rh Ur.guare Outnily. it is undtrsioo'1 that IoubassS would have teen to setit to lari in the firt place but for the fct that the -peror did not w.ah to r;are him from tbo important work of the nat aj lecl.Btcil comiciuiion and so KasnakoS was sefcdod. It was hoxd that his heal: h wouJd tear the strain of tiie duti-s Inij-osed upon tla by the appointment, tboufh tliere w s.'me fear that he might brek duwn, til for this reason his s-.'H. a vour.g I'Bt'B aLt. was dttaUed to acourr.paai' the ad miral to Pans. PARIS. Dec. -Tbe membra f the International ocrr.iniFF.cin oT th. X.nb pea incident were ur;rieed today te hear that Admiral Kaanakoff. the Russian member appointed, will be recalled, as no inj-nitioa that a charge wa ccntemilated hid betn communlrted to the corr.miff a The ds potch from St. Peter?) urg announc ng ;ht change was laid before the admiral ty the Associated Press, with the request for a statement. The admiral antwerl that be must decLne to discus the matter. The member of hia suite also refused to dis cus the subject- WANT SHIPS BUILT AT HOME t- Petensirg DriMer Artarks Policy f Havla Wars his Ballt Abroad. FT. PETERSBURG. Dec. .-The Russ in the -course of a sensational article attack ing the policy of building Russian warships abroad and the marine administration gen erally, refers as an example to the case of the American built Russian cruiser Tariag, the plans of which, the paper says, when the Japanese wan'.el to raise It. the Cramps sold to Jaiian for K.O0H. The Russ alo rakes up tne old report that Vic Admiral Uesser made in IS, la which be severely condemned the battle ship Petropevlovak. the protected cruiser Pal.ada, the battleship Sevastopol and sev eral other ships, now either with Admiral Roetverisky or In the Baltic, which were built under Admiral Varkkovsky, Grand Duke Alexis chief aide, arguing there from the necessity for adequate Rusaoaa yards, under competent and hottest adraln iatcatioa. . . . . . - - .PHII.knrjHlAy-Doe, aWWhen aaawa" the St. Petersburg dispatch. In which the Russ charges the William Cramp Ship and Ecglns Bulbil rig company with having sold the plans of the cruiser Variag to the Japane in order that the r-ss&: might be raised. Edwin & Crass p today said: There la absolutely no truth in the ar ticle published In the Run Insofar as this company is concerned. We have never been approached by the Japanese govern ment with reference to the plans of the Variag Our relations with ths Russian government have always been friendly and the article la a pure falsification." ABTEBUCAI SCHOOSEat IS LOST bj ilira f til fated W. R. Cbester e sewed by British teaaaev. HAVRE. Dec. a. Ths British steamer Anglo-Chilian, from Penaaoola via Newport News, which arrived here yesterday, with Captain Nelson, bis wife and five member of the crew of the American schooner. W. R. Cheater, oa board, reports having res cued them In midocean when the Chester was striking after havrr.g encountered a four days' etorxa. Captain Nelson set fir to the steamer before abandoning it. The consul here wCl send the rescued persons bono. Karoavt Writes "better. BERLIN, Dec 3L A convivial circle at Dortmund sent General fclurtkl In Sep tember a card of enthusiastic congratuls ttons on his military successes and has now received tbe following answer: ON THE BATTLEFIELD. IN BlANCHf RIA. Nov. a. Hew I rejoice to I con gratulated st so great a dtFtajK upon our victcnea As you know, we ar pupils of German tacticians, henoe I have double pleasure in being cona-Ta tula ted by Ger n.an men. Witk special regards, your obe dient servant. Signed t kTROKL Tlit aben-e letter from General Kurcki removes sll doubt, if any existed, that General Kurcki Is still ail re. Chlneso Are Best It. SHANGHAI. Dec. . The leader of the Nlng-po community beie hsve telegraphed to the Poreia-n office at Peking that they have great difficulty in restraining tlteir countrymen, owing to the Russian consul's Begie-ct to answer tbe taotai's request for the surrender of the two sailers of the Russian cruiser Aakold. who are charged with the murder of a Chinaman as the re sult of a quarrel over the hire of a JimikKha, Porter Disease Blerweeaa Affair. PARIS. Dec. 2 Ambassador Porteg called on Foreign Minister Dlae today and discussed the situation In kloroco, which is seriously occupying the minister. No definite naval or military steps have yet been decided u;ou. but It la evident that Franc is determined to act decisively unless the sultan reverse hi tBermivs action tow ard Franc. rbsi Will et Btesasae Praetle. UlNDO.V Dec. -Jonej.il H. Choate. the Amtricaa ambassador here, does not in tend to take up law practice whea be re turns to New Tork. as reported In the press here. He conaklers he has been sway too lorg from the bar to resume practice at his age. Ewsersr Ewiertelae Aaabassads. BERLIN. Iec S -Baron Sferk roa StrrrJurg. the German ambassador to ths Trilted States, and bis wife, lunched witk the emperor aad empress today. Voa Katrkei Oat f Oaae. VIENNA. Dec 3. Th Xeus Fret Presse sa that th resignation of Premier eon Koerber. which, according ts that paper, was tendered yesterday, has beea acceyted. sltks ( Wteblia !( rL. ROME. Dec. The sup tuday received m Brtvat audience th Rig"ut be. Jo ha lieau, asaituo of W'lctJta, Ka IRVINE STATES HIS CASE F.-otcsVoT of EitboB Tklbot 7slk of Mttter Ft for Board of Inquirr. i ACCUSES BlSWr OF GRAVt DUfTJCITY ats that Letter Written by Prelate Are a Rrweettoa ! Other Members f Hwsc f lakes. PHILADELPHIA. I-ec. 3-Can s t-ishep. or ought a bishop, write defama tory letter In secret in order t ir-Jure any mtlr cf the nunirtryT- This is the queirlrn whi'h will I decided st the meet l.g of the ;:.trd of inquiry in the case of Irvine srairrt Talbot." said Rev Ingra hari N. W. Inire. th plaint:!? in th cele brated case today, in discussing tbe charges which have been made sgalnst him. "My relnrtaten-ier.t." rorttlrued Dr. Irvine. "1 of secondary consideration whea ctc trawled with th above query. ( course. I wish to have -.hi unjust deposition re rocved. but I wish. also, entirely without malice, to be vindicated In the rht ef God and tr.v Mends la discussing the motive of the present ment. It. Irvine stid tt was because he lad persistently refuse! to serve com mur.lon to Mrs. Emma D. Elliott ef Huntingdon. Pa., who 1 divorced, against tbe wlhe cf Bishop Ttlbot--B:.hip Tslhct and L along with about other members of the ministry." said Dr. Irvine, "signed tbe declaration which was sent to ail the bishops sod clergy in the fnltod Slates and presented to the general convention of Its, aad which jrayel for more stringent restrictions in the matter of divorce and remarriage. What Cae Prl. "Th canon of tbe church provide ex plicitly that a man or woman, divorced on any charge. exoejt that of adultery, which must I provt n beyond the bounds of rea sonable doubt, cannot receive the holy sacrament. In the face cf this Bishop Tal bot, while he publicly rupj-orted tbe peti tion, cover!) ami by secret meeting with Mrs E)lift who if a woman divorced on tbe grounds of desertion, sought to have her remain in the church. "Now. who was the most consistent. Bishop Talbot or I? Did w not. both of us. sign the petition mentioned? Is It not curious thst Bishop Talbot, although be had written me saying that Mra Eiliott was, by canon, ex oom muni rated, should by other methods seek to retain her as a com municant"" Referring to tbe letter which Bishop Tal bot is said to have written Dr. Upjohn. In which the former termed Dr. Irvine -a "plausible romancer." had charged that he was deposed for gross immorality snd "that for twenty out of tbe thirty years of hi service in the ministry he was under ecclesiastical discipline.- Dr. Irvine said that Bishop Talbot has placed h-r.if in a most awkward position. "That letter to Dr. I'pjoha was unwar ranted and cruef said Dr. Irvine, "sine it was. first of all. a gross subterfuge. It was used secretly aa a weapon against me. to deprive no of all sympathy, respect and even sjaaintenasca Bart "Letter teeaaet gtlakew, "1 tke first ptac. tt la aa utter laspos-1 aibility for the ailegatiens to he true. Tbe church law requires that a minister shall not be eligible to admittance to an other diocese when leaving on, unicas b bear the 'letter demises ry. This letter she ws that the departing minister has a clear record; that his life Is beyond re proach, free from error In religion or liciousneas in life, and must be signed by the bishop. How could X. therefore, be guilty of the charge made against me? "Bishop Whitehead of th diocea of Pittsburg. Bishop Adams of th diocese of Easton. Md, tbe last two diocese In which I served, aa well aa th bishops of all th dioceses la which I lived, prior ts this, have glvwn m these letters which secured m th deaurwd admassion to new fields. "Bishop Talbot haa. ta his allegations, directly accused his brother bishop of fraud upon tbe church in their iasuano of these letters to me. "Th bishops whose names be Quotes In his attack upon ray character, have been placed In a position which reflects dis credit upon their reputationa, or Bishop Talbot's accusations ar absolutely false and I know that the word of thee gentle men cannot be Impugned. Dr. Irvis said, In conclusion, that be is not a member of th Catholic club, nor haa te ever mad any accusations at the club or had words with Dc, Upjohn. Case May Be DlsaalsaedU 1st rest in the case of Dr. Ingram X. CV. Irvine against Bishop Talbot of th central Pe&nsj ivania diocese today was largely oentered In the question as to whether th proceeding brought by Dr. Irvlu will be uncanonical after the first of the year. The point raised by Rev. Dr. John Fulton, edi tor of the Church Standard, that the board of Inquiry will have no power to proceed because the canon under wbkh the board was named will be superseded by a new canon on January L was discussed by the lawyer and clergy-men. and a difference or opinion pre caila. Henry Budd, who assisted la preparing the presentment to be made against Biahop Talbot, believe that th board will be able to hear the case under the present canon. He said the papers of the case were pre pared last August before the new canon was adopted and that they were regular. He believed that aa the board was properly constituted Its Jurisdiction will be continu ing until It has disposed of tbe business fo which tt bad been creatt-d. Oa th other hand. Francis A. Lewi, an attorney of this city, who was a member of th committee oa canons at th last general convention of th church when th tew canon was adopted, has this to say: I hsve not looked into the matter, but am inclined to think that Dr. Fuiion s point 1 well taken. When the board cocveaee the first question It will ask is. "Under what canon are you proceeding T" If the answer be "Under a repealed canon." the matte; would seem to be at an end so far a this prooeedirg is concerned. Speaking from memory, 1 think that the cause for whirs a bishop may be tried are not the same tn the new canon as the oid. and that might make some difference. No one can be found who will venture a positive opinion on th question, because a revised copy of the canons adopted at the last general convention ts sot obtainable her. Ths original manuscript 1 aaid t be ia th hands of Rev. Dr. Henry Aastlce of New Tork, wbo baa charge of the prtnt U.g. ' J. Frederick Jenkinson. w b is on of th presenter la the case, said tonight that B believed nothing would be done wr-til the board of Inquiry met and that th xoambera would theo docid whether they have Juris- j dictioa IB tbe case. If they decided that they bar cot It would then be only a mat ter of a short time before proceeding would be Instituted under th new canon. Testryaaaa Baa Charge Ar Pals. HVNT1NGDON. Pa. Dec. -WbJl they BllJ sot admit Unfriendliness to BiakoB isStM I H.1 ad wB f.mn.d aga DODGE DOES NOT CONFESS Artr-r Aeroswe Pwts Cad t " tfcsaaU trte la Sew Tra- City. NEW TORK.. Dec. Rumors cf re port which have bee circulated for sev eral day to the tfrect that Charles F. rwjre. the firmer husband cf Mr. Clem ence Dodge Morse, wife of Charles W. M'-r4. tbe hanker and former presiint of the American Ice cntnpar.y, had made a sensational conftsioa in connection with tbe Dodge-hTorar dlvoree case. Implicating many persona, lnduei-.g several m'-mber of the New Tork Bar assoc.ation. Dirt let Attorney Jet-case said today that D.-dg bad made no such stat'Baest. Since Dodge's arrival here from. Texas he has ben leii practically a prisoner la the Broadway Central hotel, although he kad been dis charged upon his owe recogniaanc'e upen hi ai'i-earance 1b court vpoa s-ugg stina of th district attorney. It was beheed that the stories of a cofif swoa by Dodge were practically confirmed by tlstrlc-t Attorney Jfrome whea be aaoved for the discharge of the prismer. Dodg ad beta arrested on a arrant charging perjury in connec tion with the Dodge-Morse divorce case. in his announce me at tooay. District At tornej Jerome said: "A yet Dodge has made no confession aud we will not take any statement from him until bis physical condition warrants him in taakir g cne. He ta out a state wit ness yet and until he give a em val-ahle information be will not be taken aa su.h. The man is a physical wreck ne w and if beti.g cared for. If be shall prove of no value as a peojje's witness tlen he will be returned to the Tombs to stand trial on the perjury charge. INSANE MAN USES A KNIFE Itallaa at St. iMii Cats Brother's Tkrowt aad la at by Pltorwaam. FT. LOUIS. Dec. 3 An Italian, whose name is unknown to the neighbors, who lived with hia two brothers, one of whom 1 employed by the Italian World s fair commissioners, rut hia brothera throat and was himself probably fatally ahot today by a policeman. The wownduig of tbe two men occurred as the culaunatioa of a terrible struggle between two of th brothers, one of whom had becunx a maniac and a po liceman called in to azrest him. The man who was shot showed signs of insanity yesterday morning and his broth ers sought to control him, alternating in kee;irig watch. Today the maniac became violent and a terrific struggle ensued be tween the two brothers, lasting for nearly two hours. When the pohoe, who had been summoned, nroke In the door of the room occupied by the men they found the standing over hi brother and waing a bloody knife, with which he had cut the throat of his victim- Seeing the polioenea, the craxy man sprang at them, brandish. ng his knife. One of th officers fired and the bullet struck the Italian In the body. He continued to fight, tbougn the around was a bad cne. but was finally overcome, and with but wounded brothta was tak to the city hospital. None of th three brothers can speak EJnglish. WITNESS -v O'BRIEw - IS SHOT Ms WB TestlaVea A a last "wllreaaaa Receives Sera Wsd Beer of Crlase. NEW -TORK. Dec. Standing almost In the very spot where Robert Brenaan wa ahot to death by Patrolman Arthur Mai Ion last May, William O'Brien, a home less waiter, who gave the roost Important testimony in the trial which resulted tn MaQon being sent to prison for twenty years, todsy received a bullet wound which probably will result la his death. O'Brien's assailants escaped and ba ha refused to make any statement which would assist the officers in learning their Identity. "When you go against th cope you get all that's coming to you." the wounded man said, as he lay on the floor of a saloon awaiting the arrival of an ambulance. Three men are under arrest as suspecta O'Brien was walking down the Bowery aad had just assed the Joon where Brennan was killed, when a shot rang out and he fell with a bullet la his abdomen. Ths police sdvance the theory that O'Brien had been In a fight and that he was shot after he had stabbed his adveraary. O'Brien, who is 3 years old. ha an fcn teresting police record. SELBY TAKES COURT HOUSE SBth Daknta Cltlaeaa Tear Da Balldlaa; aad Mv It Away. ST. PAUL. Dec . A J-eia to the Dlrpvtch from Aberdeen. S. D.. says thst the crowd of men who went from Belby to Baxigor Tuesday night and carried off by foroe the county records in tbe court house and then left word that they would return last night fcr the court house itself, kept their promise. "The building has been torn down and piled on wagons and is beiag hauled to Seiby tn sections and re built today. Although the ac-tl.-a of the Selby si n has aroused much bitter feel ing the Ht ngor residents made no resist ance. OHIO DEMOCRATS CONFER Pis a a May B Diae eased t Head OaT Have ay Br aa'a Frsead. COLUMBUS, O. Dec. In response t a call Issued by Chairman McK nnej. the democratic state committee held a secret meeting here today. It was said that the I real purpose of th meeting was to devise! Plana for securing greater ananimlty or j acuou u lIe iuiuit. 1 1 was also said that the object of the meeting was to bead off tbe plan of th Bryan men to secure. control Ol cue arganucaiion lor next year. For th pur-xise of effecting thorougs reorgacixa tion throughout tbe state a com mittee of fourteea was appouiWd THREE DIE IN THE FLAMES Mew Trk Fa ran He as Bwraa aad aesiser f (a Faaallj rtrlta. GENESEO. SC. T Dec -Ttre per sona lost tbar lives la a fire which totally destroyed th farm residence of Charles McMillaa at th bead of Oonesua lake to day. Ta dead: CHARLES M M1LLAN. LOTTIE M MILLAN. his stster. FRANK M MILLAN. hi bepttew. Lulu McMlilaa, anther sitter, escaped. Tne cans of th fir ka not been ex lUained. Tb McMillan wr aaaoag th aroani stsl faaailaw of Utr.gsiosi coat PLATT WINS THE B1C Fl.HT OcYJ Ainoioc that Tbtfs WCl E So Oppocitioa to K-Ejoctioa of Drpew. HISTORY OF SEKATOiKHiP CO TROYtRSY Ied t Aid Black Caadldaey la Retara fr His srt f Hiagiaa. NEW TORK, rec. ". CT.auneey Mit chell Dejtw of New Tork will succeed himself for a term cf six years as United States senator from th state of New Tors, contlnuit g as the collearue ef Senior Sen ator Thomas C Piatt, who has four year to serve. The formal announcement of this con rlumoa was made late this afternoon at th Fifth Avenue hotel by Governor Odell a chairman of tbe republican state com mittee and v aa the culmination of a series of conference by prominent repub lican eitendir.g over eeevral week, and practically continuous dur.ng the last th-ee daya The purport of the announcement 1 that the candidacy of former Governor Frark S. Black of Troy, which has been warmly pressed by his friends during the past fortnight or more I to be withdrawn and that the name of Senator Derew will be the only one presented to tbe caucus of republican legislator, which wi.l select the party's candidate for senator. Late In the afternoon a letter was givea out. addressed by Mr. Black himself to Ser.ator Depew. in which the former gov ernor withdraws hi name from the sen storshlp and declares that in thi cours his duty as a republican and his private sentiments coincide. In a graceful letter of reply. Senator Deptw thanks Mr. Black for his cordial sentiments and declare that tbe former governor a action place the party under great obligation to him. Citiar Odell'a Staleaseat. Governor Odell left the city, it was said, for N't burgh, early thi evening. Th.s 1 the statement which be gave out be! see leaving republican headquarters As chairmon of the republican state committee of New York, after a long series ol inquiries extending all over ih state. I Uvr reached tbe conclusion that pny haimony will be bet subserved by me re-eieciKn ol Senator Depew. In the position which 1 occupy 1 am frequency caJed utn to pas upon th claim of friend ana, whiie my sympathy may be, as was tbe case in tne present senatorial contest, with one stronger than Uie other, yet one must recognise tne iact that per sonal interests must alwsy be subservient to putty sjecesa A month ago mv knowledge of th sit uation in the state was not as complete as it is now. and those of my lriends w ho thought that a change might he Oesirabie for party reason, must now recognise the setititnetit which has manifested itself all over the state so strongiy ior tbe return of Senator Depew. Such being the case it would have been the worst kind of pariy generalship to hsve run counter to Urn expressed public opinion. Mr. Block's "better. Following Is former Governor Black's letter to Mr. Depew: My Dear Senator Dapew: My name has been ccfa-iderabiy discussed in connection with tbe senatorKhip. This discussion has not arises from say seeking or deair. My prpvat interests aad erotal tasu cave both been distinctly against the coot-et or even seoe-pllng public office, evesi If tt came without controversy. It setan dear to me now that any further use of my same may result ja consequence which might impair the -ooapect of republican suocess. while they served no useful pub lic end. My duty as a republican. Is there fore, In complete harmony with my privat sentiments. 1 shall be earnestly for your re-election, and in conveying thi assurance, I wish to erpres my sppreciation of the uniform courtesy of your attitude toward me. Very sincerely a BLACK.. Blstawy f Controversy. Whea It first became known publicly that there had been differences of opinion over party policy between Senator Piatt and Governor Odell. attention was directed to tbe two seats In the United State senate held by Plstt and Depew almost aa much as to the convention that would nominate the next candidate for governor. Senator Piatt went before the legislature for re election two year ago and was returned, but three republican slat senators refused to aupport him. Tbe campaign to return Mr. Lepew partly began st that time and was continued until today, when be was able to announce its auocesa It was knows all along that Mr. Depew regarded Mr. piatt as a very good friend and that b did not desire to do anything that would giv pain to the man who had led tbe repub lican party In this state for so many years. Last summer, prior to the meeting of th state convention, it was reported in po litical circles that former Governor FrarJt S. Black desired to go to the United States senate and that he would havs the sup port ef Governor Odell. Never, however, did Mr. Black announce himself a candi date, and not until today did Governor Ooell make known his position. At the state convection, whea Mr. 11a tt attempted to nominate Mr. Woodruff for governor, it is said that Governor Odell. in order to secure th support of Mr. Black for Hig gle, had agreed to help Black, This rumor, like many others, was never confirmed, and the governor kept his own counsel, saying that he only desired to discover tbe senti ment of th party before taking any stand In th matter. Strong efforts were made to Indue him to change this attitude, but to no avail. A few daya ago when Senator Piatt gav out a statement advocating Mr. Depew's re-election, it was suggesteed that a compromise candidate might be agreed on. but nothing came of this plan. When the Depew conference waa beld at the Fifth Avenue hotel, with Senator Piatt present. It was noticed that a number cf Governor Odell'a friend were tn attendance and it appeared later that they bad said nothing against Mr. Depew's campaign. Mr. Piatt wa not In the city yesterday and today, when the closlnT conferences oa th sub ject were held. DRUMELZIER IS ABANDONED Brltiak Yeaarl ta a Total Wrttk aad Crew ta teewed wrltk Great Dlaaralty. NEW TORK. Dec. 9 With it aignals oi distress and Its half-mast ed ensign still fly- tonight a a total wreck by Ita captain ana j a ooaew erocers ana crew, w no wer take on tn rrart avui tanae on uu teiand t y the crew of the Fire island and Oak Island j hfe savins stations. Early la the day eighteen aoea of th crew wer taken off the steamer by the rurf boat of ths Sandy Hook station. Th chief engineer and th remaining crew and officers decided to com aboard th tug only whea th steamer had beer, placed ta the bands of a aa-'vag steaaser. Tb crews of the nearby stations responded to his signal and after a hard struggle the aoea wer takes off aad landed at Oak Island. The rescue of ta anea of the DruBsehtler waa laasardous aad wa attended by snaxy UrtUll tocidaiiUn NEBRASKA WEATHER FORECAST! Fair Friday aad Bainrday Tens strata re at Osssha Tewterdayi Hear. Det. Howr. Uesi. a. sa 11 ip. ss ita a. a IS S a. aa ST T a. as 14 a a. a " a. as IS 4 B. a l a, aa IS I s l a. sa 1-1 . sa II a. aa X T . U as I B a. as X . ss MRS. CHADWICK OFFERS ADVICE Tells Hastsaad t t I lht K at rs si ll w. bat t Retara t Oal. CLEVELAND. Dec Counsel for Mra Chadwlck said today that rot Mr. g would be done in reg-nrd to secur ng ball f:r Mrs Chadwirk before rext Tuesdny. If then. Mrs. Chadwlck has sert the following tel egram to her husbard. lt. Leroy S Chad wlck. in care of Sheriff Parry In New Tork. te be delivered immediately upon i he doctor arriral from Europe: Come to Cleveland with Sheriff Barrr Immediately. Io net figM extradition, and a oid hiss cf time and m.ney. Signed! CASrlt i CHADWICK. Lt. C, J. Aldrlch. an alienist, called upon Mrs Chadwlck at the county Jal! today and had a cor Terence with her. Dr. Aid rich ha been called as an expert tn a number of cr.mit.al case where tie de fense claimed Insanity. The visit of Dr. Aldrich today is taken to Indicate tr-at that tine of defense will I set up In Mrs. Chadwlck s case. It. Aldrich. when seen shortly arter his call upon Mrs Ch?sr1k. d-r!!nea to state whether or Bert he bad Visited her upon th request cf her counsel. "I talked with Mra Chadwlck and made a thorough study of her mental character istics." sxld the ducur. "I am not pre pared at this time to make any statement as to my conclusion in her case. Later, however. I may decide to talk on th f object." SENSATION IN AN OHIO TOWN Letcher Bad Others Is dieted for (. !bt Fire t Defrawd Is wraae C an paste. ERTAN. O., Dec ". Tb greatest sen sation In Williams county for years wa made public today on the arrival of George Letcher, the alleged Inoendiarr, in care of offlcere who kidnaped him from tbe offi cials in California, where he had gone. Aa soon as Letcher was In Jail a secret indictment was made public It was re turned October IX aad in it Letcier, Delo Pratt of Toledo: Sol Winn, who kliied himself In Tcledo:Ira Bryant. Hudson. Mich., merchant; Frank Pratt snd Jack Page ell are charged with causing a fir at Monrpelier. Williams county, on Janu ary 4. 1M. with intent to defraud an In surance company. Pratt and Winn ar Indicted as principals and th other as sccesscrle. Page has confessed and Is be ing held by tbe state as a witness sgalnst the others. Letcher when arraigned to day pleaded sot guilty. I WESTERN MATTERS AT CAPITAL tad Rwrwl rwurrser As alted ta Several State. tFrotn a Staff CcTeTondent.) WASHINOTON. Dec. . i Special Tele gram. Postmasters appointed: Nehraiaca, Cairo. Hall county. Arthur L Barneby, vice S. il. Cole, resigned. South Dakota. Emsley. Davison county, Fred Mcavs, vice B. E, Barnard, resigned. Rural carriers appointed: Nebraska, Bloomfield. rout 4. C 8. Lovejoy, carrier; E. M. Lovejoy. substitute. Iowa Wapelio. route ! Harry B. Kelly, carrier; Edwin F. Kelly, substitute- South Dakota, Willow Lake, rout 1. Ernest I. Underwood, carrier; Elbert L. Good, substitute. The commanding officer of Rock Iland arsenal haa been designated to conduct the professional examination of first and second lieutenants for detail In the ordnance de partment for the Departments cf Colorado, the Lakea. tbe Missouri and tbe Dakota. NAN PATTERSON CHEERS UP Her Attoraey Asawrea Her that he W ill Be Tried So r Re leased Bead, NEW TORK. Dec ". Nan Patterson waa more cheerful today than at any time since her return to the Tombs after the diKugree ment of tbe Jury before which she wa tried. She was visited by Abraham Levy and Daniel O Reilly of her counsel, who had become worried because of the state ment of her father that be thought ah was in danger of going insane. Mr. Levy spent almost an hour assuring Miss Patterson that If there were no pros- I-cts of a speedy retrial she soon would be admitted to hail. Inquiry at tbe office of District Attorney Jerome elicited no new Information about the possibility of a reduced bail for her. IROQUOIS THEATER FIRE ECHO Jwdge Walker Declares that City f rbleag la t Liable fr Daan. age Gr-lBg Owl f It, CHICAGO. Dec 'Jk. Judg Chare M Walaar this afternoon decided that the city of Chicago ia not liahle for damages growing out of th los tn connection with the loss of life In tb Iroquois theater fir. This was the last day under the law claims for damages could be filed. In tbe last hour forty-nine suits, aggregating ttyi,. (. were filed. AdwlteratlB Is SnaalL. WASHINGTON. Dec I. Secretary Wil son today promulgated a circular giving the results of tests made In acoordanc with an act of the last congreaa directing him to obtain In lb opea marks, sample of seeds of grass, clover or alfalfa, test th same, and if any such seeds of Canada blue grass ar f os rid under any other name than Canada blue grant, or "poa nrniti." to publish tb result of the tests, with the .names of tb dealers selling the adulterated alfalfa seed Samples wer obtained by department agents from 742 seed dealer throughout th country and out of these there were t en tj -three lots sold by eight d dealer In aul found to b adulterated. Ft r J. Haawlltoa Moor. WASHINGTON, Dec IS -President Roosevelt has appointed J Hamilton Moor ef Philadelphia chief of th bureau of earmfj'Cture of th Department of Com. mere aad Labor. Mr. Moor i president of th National Leag-us of Republuaa club- and was formerly city treasurer of PhlUdelpt-ii. II has accepted tb ap-yolttat jApS Jr- jj fQJ(T frrMw ei Sillsxr VouUix Tall Isto I Hal Ol of t0 laUfiuOrt. M KADO LOSES ONE THOUSAND KCH ' Koiili of ILtiiP, Ecppicr ud Tij-Btikr I Ar Crttrifi witk Victcry. WAS1S BLOwH IP 1TH OYHAMlTt Littlo Ero-rs Ytn Bvana Tiros,. tLo Brtachsi u Gtmsaa Loape. SW LINE CUT IN TH?EE PLACES l I Tro lw Held ltlhllasj Mvaatala. Keekwaa Mtala aad aXiA-Meter Hill Tats Off CananBBleall. HEAIM'ARTERS F THE JAPANESE AKMY ILIVRE I'UKT ARTHUR tVU Fusaul. Dec . Rtklutig ln was oar tureu at 1 ociCM.k this mortii.g with L. Japanese c-i? leal lie Set en dynamlta mini tmplooed at If o clock yesterday made breaches in the front wall, through which a large to,y of Japanese troops charged under cover cf a tremendous beta bnrciuer.t and captured the first Una of Lght guns. bitter fight resulted la th capture of the fort Th garrison, num berii.g self men. fcscaped The Rihlut.g mountain formed aa Inner chain in tbe fagoting. Th fort Just cap tu:ed is a miie and a half southeast of Keek an fort, recently captured by th Japanese, The possession of the tw forts should make a most la portanl breach In the Russian line and cut off communl caUc.na with Golden Hi 11 fort Outaid of the capture of -Mettv hill, oa th west ern section of forts, litti I known of th positions occuikd by tb Japane, but It would seem that the Inner circle of forts is now rut in three pieoa and that VS Metre till rohiblui communication witk the Licit eng section. Just a the pone raw ion of Keekwan fort cuts off communication with tbe Golden Hill forta except by th underground was said to exist In various (arts of the fortress. Twk.1 Beeelir Ft ewwrt, TOKIO, Dec 2 (Noon). After ro oaths fightitig. sat-ping and mining th Japanase forces finally occupied Rihlung mouavtala last night (December JK). A rtjKirt received from headquarters of the Third Jaapnes army befor Port Arthur, received btr oa Wednesday. De cember Sa, at midnight, aajs: On Wednesday, December S. tt H o'clock In the morning th Jell center col am n of our army, f li wing Buiae heavy txtoacm on the troutai luuape. of Kihiui.g snoan tajn. charge! and occupied tb parapet unoer cover cf tire from heavy guns and constructed defense work desp.te ta enemy a here lire. At 4 o clue k in the afternoon, when our occupation was practically assured, w charged and occupied the Inner line of heavy Tun positions. FubequnUy otalodg lng a remnant of tb nem a lore stuo bomly holcung the gorg fort, which we occupied and captured the tst re works. Marxhuriaa army he rtqv arter. rag-art-ing today, aaya: ' On Dacember XT. at I o'clock la th afte tioott the KuHsians. with heavy field guns, bombarded the Shi k he river railroad bridge, in the neighborhood of the elation, find the Russia guns at Tallentttn helled Ct.ihsiangtun and Sbullntau. Russian cavalry attacked Heillntun st sunset oa the same day, but was repulsed by Jap anese cavalry. At i:I o'clock oa ths same evening the Russian cavalry en vel .pad tn Japanese pickets, who were reinforced and finally repulsed the tnemy. Th Japane casualties were three aoea killed. Army headquarters today published ' a list of casualties, presumably at Port Arthur, ho wing that forty -nin officers from tbe rank of colonel downward were killed and that fifty-eight from colatnal downward were wounded. Say Japanese A d Taste, CHE FOO. Dec a -Tb Japane Hn at Port Arthur is now. as a result of th gea eral attack beginning December S, murk closer to lAsotie mountain. Chinese trbi left Port Arthur yesterday and arrived here today report that a greatly Inferior Russian force defended th outermost of tb trenches for three daya retiring whea th Japanese aniiirry had secured aa en filading position, Tbe fighting mostly wag at a range of two-thirds of a mile, th Japanese fearing mine. Th Russia ns re ared to Chlngkakao. Japanese who arrived at Cb Poo today from Port Dalny say the recent Hgntlng a lj resulted In the capture of a hill called ly the Japanese Vangihuban. (possibly Keekwan mountain), enabling th J a panes to seriously aa-rass laud ooaun union Ua with fhs Liaoue fort and with th forts on Etse and Ants anouetain. Th cap ture of Tatgxtuban bill followed awvara night attack during oa of which th Japsnese be came con fusel, killed each other, and .retired wbea th - -it.- was discovered by th appearance of th moos. Ths Japsbes hers further repo."t that severe fighting V1 occurred oa th Berth east fiana, psrUcuiarly at Rihlung- moun tain, where, whea tbe Chines left Port Dairy, the Japanese forus had anad aneaa prugTes Details of this fighting Lav) not yet reached Che Foo. Two steaniera recently ran th block ad of Port Arthur. One of them waa cap lured by the Japane when emerging front the harbor. Ctingkakao fort, referred la a th place t which the Russiaaa retired after leav ing the Liaotie treacbea. Is possibly Ch! ra ta a. or Chlngtau fort, near th sou t barm extremity of the Tiger' Tail peninsula. Restart f ream tewatf Araar. GENERAL OKI" 8 HEADQUARTERS. Via Fusaa. Dec. S-S change baa takes place at the front of the Second army. Tb Russians continue a dally bubbaxdnsont. firing at randum and resulting la few eajus altiea Th Japanese Soldiers pick up Si teen centimeter shrapnel case and witk them make charcoal burners to beat th bomb proofs. Occasional collisions talks place seer, petrols, tb Russian always; retiring. Both aides seem satisfied t g main in the trenches. Lieutenant General Sir William NTch olason. director general of military lai genc of tla British War office. whe was attached to the Japane army, left bar yesterday oa his way t Fr gland. at rem st taMS. SHANGHAL Dec 3.-Prltal advic received from Saaebo say that th captaia aad lieutenant of the Buataaa torpedo boat csstro cr blow a up at Ch Foo Nve saber , 1C after earaping from Port Arthur, kav bet a Identified a being s board tn l.r.ti steaaser Nigreua, setseg by tk Japarjeae j-rotected cruiser Tswahlaaa ff UUan. Corea. Deceasber U, and trougkt to 6aebo. krrdloa? to Blcv ST. PETERSbURa. 1C 3 -Vic Aa- ' miral Skriauiff, cosbtaander 4 lb Vladi vostok aauadroa. Bill retara 0 St- Fetar. burg ta January It was aiAnouaued Pen caul II bbA I