Indianapolis Journal, Indianapolis, Marion County, 7 April 1894 — Page 1

INBIANAP0H JOUENAI v ESTABLISHED 1823. INDIANAPOLIS, SATURDAY MORNING, APRIL 7, 1891. (JhA I O. tIIAI.3 ANU SUNDAYS 5 CiOTA

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BIG 4- ROUTE First of the Season. THE ANNUAL EXCURSION of the German Orphans' Home Society TO CINCINNATI, SATURDAY AND SUNDAY, MAY 5 and 6. Only $2.50 For the Round Trip. Children half rates. Tickets good going on all trains of Saturday, May 5, and morning trains of Sunday. May 6, and good to return up to and Including Tuesday night. May 8. For tickets and full Information call at Big Four offices. No. 1 E. Washington street, 3 Jackson Place and Union Station, or of the following committee: Joseph H. Shaub, 83 K. Washington St.: J. P. C. Meyer. 8o N. Illinois st.: Fred Welland, 15 Prospect st.; Martin Relffel. 295 W. Ray st.; Frank Llndeman, 21 E. Washington St.; Wm. Rathert. corner Meridian and McCarty sta. H. M. BROXSON, A. G. P. A. THE C, H. & dTrTr Is tho most delightful route between Indianapolis and Cincinnati. Persons visiting tho city on the Ohio and other points reached by this lino wiil find it greatly to their pleasure to take this Superb Route. Motion Route (Louisville, New Albany fc Chicago Ily. Co.) The Yestibnled Pullman Car Line LEAVE INDIANAPOLIS. No. 30 Chicago Llrr.lt jd, Pullman Vestibule! Coaches, Parlor and Dining Cars, daily 12:01 p. m. Arrive Chicago 6:00 p.m. No. 36 Chicago Night Express. Pullman Vestlbuled Coaches and Sleepers dally 1:10 a.m. Arrive Chicago 7:S3 a. m. No. I'D Monon Accommodation, daily except Sunday 3:C0p. m. ARRIVE AT INDIANAPOLIS. No. 33 Vestibule, daily 2:53 p.m. No. 35 Vestibule, daily 33 a, m. No. 1 Monon Accommodation, daily except Sund.iy 10:30 a.m. lullman Vestibule Sleeper for Chicago stands at west end Union Station and can be taken at S:30 p. nr. daily. For further information call at Union Ticket Oilice. corner Illinoiii street and Kentucky avenue, aud Vn;on Mutiou, ami Ma.!ncliuUn avenue. I. 1. llALDWlN. D. P. A. WAGON WHEAT 50c ACME MILLING COM PAN V. AVet YVnhIiiKttm utrect. STOLE A MAUCIL Illinois Kepublicans Accused of Playing1 a Trick on tho Democrats. CHICAGO, April 6. -It was discovered today that a sharp trick had been played upon the Democrats by the Republican committee having the State apportionment matter In charge. The recent Democratic apportionment was declared by the Republican to be unconstitutional, and a committee was appointed to press the cae Wfore the Supreme Court, which Is Republican four to three. T. N. Jamleson. a member of the. committee, explained that the case will not be taken to the court before June, as. if the law is declared unconstitutional, then it will leave the State without an apportionment. This will necessitate a special session of the Legislature, at which a twothirds majority will be necessary to pass a law that will go into effect for the November election. "Of course, the Democrats cannot muster a two-thirds, vote without making- a law that will be satisfactory to the Republicans." said Mr. Jamieson. "The Bupreme Court will undoubtedly rule in our favor, and we will secure a satisfactory ap-porUocxmer.t.

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Can't afford to be without the GAR-CI-O-SA CIGAR S. D. PIERSON, Gen. Agt, Indianapolis. OR G. A. VAN PELT 17tii Yeah. Any one claiming to be ray successor is a FRAUD Fine Flour and Food Cereals, 121 NORTH DELAWARE ST. Tel. 39G. M. M. CUMMINGS, Successor to Van Pelt, I headqnartera Just the samp. Keeps the bet grades tf Flour and Food Cereals. ;iuteii. entire Wheat Flours. Meitieat'l FootU ami Corn Meal. Rolled Oat, ltolletl Wheat, Hominy, Canned Good. All poods in ray btore aro new and fresh. No old pood that can ! cut on. For sale at 6'-i North Delaware trtrect. Call Telephone 703, new book. RrKeincmtKx (5J. MILLIONS INVOLVED. Failure of the J. I. Watklns Land Mortgage Company of Kansas. LAWRENCE, Kan., April C Upon application of the Farmers Loan and Trust Company and the National Rank of Commerce, of New York, Judge Caldwell, at Omaha, appointed J. R. Watkins receiver of the J. R. "Watklns Land Mortgage Company. The assets are $7,0u0,tx and the liabilities $5,KO.0uO. The capital stock Is 1730,000 and the surplus 000,G3. Mr. Watkins owns about 1650,000 of the stock. The constant drain on the company since last summer's panic and the failure of collections occcasloned the failure. Since Aug. 1 it has paid out S&,G00. The foreign stockholders and creditors held a meeting- in Ixmdon today to formulate a plan of reorganization, and it Is thought that the receivership will not be of long duration. For the last three years the company has made most of Its loans in Texas. J. R. Watkins came to Lawrence In 1870 and engaged in the loan business. He had less than $500 at that time. To-day his fortune is placed at between $3,m,000 and $1,000,00). Most of It is Invested in the development of Louisiana lands, industries and a railroad. SATISFIED IILS CUIUOSITY. Stanley Africanus Charged with Lunching" on Human Flesh. CHICAGO. April C.-In a lecture delivered to-night Theodore Westmark, a young Scandinavian, who made two explorations of the Congo State in Central Arnca, under the auspices of King Leopold II. of Belgium, r.ecused Henry M. Stanley of having lunched on human flesh to satisfy a morbid curiosity. Mr. Westmark said that at Stanley Pool, in 1SS4, Stanley, curious to know how human flesh wrmid taste, sent his servant, Duala, to procure a chunk of the native material, but it proved tainted, ! J 1 ! 1 , ... aim miaul received a soun i uruDDing. A second foraging trip after flesh from a native proved more successful. It was fried In butter and served with sauce plquante and mixed pickles but, despite these complements. Stanley pronounced the flesh to be tasteless. RuuilintH and Spectator Arrenled. CLEVELAND. April 6. A prize light which wat in progress at the Eureka Rink, on Broadway, btte last night, was raided by the police. The pugilists were William Parker and Conrad Rellsteln. and while they were in th? rin the police invaded the place. Notwithstanding their frantic cftorts to escape, the pugilists and twentyone of the spectators were captured and taken to the station, where they were locked up. A Repeater Sixteen Times. Special to the Indianapolis Journal. DANVILLE, 111., April 6. A man giving his name as Donally, who came here to act as clown in Lapearl's midwinter circus, was given a thirty-day Jail sentence for Illegal voting. He claims to be from Chicago, and said he had voted there at one election sixteen times for Carter Harrison. .iUKptiper Ordered Sold. MEMPHIS. Tenn., April G. In the Chancery Court to-day Julge Heard ordered the sale of the Memphis Appeal's property. Including the Appeal-Avalanche und its franchises, in thirty days.

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He Stands by His Famous Northern Pacific Strike Order, And Refuses to Modify tho Injunction Against tho Railway Chiefs, Except in One Clause. HIS OPINION NOT CHANGED He Merely Strikes Out Words that He Regards as Superfluous, And Which Arthur, Sargent, ct AI. Took Special Exceptions ToJudge Dundy to Union Pacific Employes. MILWAUKEE, Wis., April 6. The decision of Judge Jenkins upon the petition to modify the famous strike order in the Northern Pacific receivership matter, which has been expected for several weeksTas handed down to-day. The court room was crowded when Judge Jenkins took his seat, and the Judge had a more attentive audience while he read the elaborate decision than usually honors the reading of decisions in the United State3 Court. II. C. Payne was the only one of the receivers present In court. He was accompanied by George P. Miller, the local attorney for the receivers. The only representative of the petitioning labor organizations was Charls Quarles, one of the attorneys. It took the Judge nearly two hours to read the decision, and at the close the court adjourned. All of the attorneys present pronounced the decision a comprehensive and masterly analysis of the strike problem. Attorney Quarles, of course, was not pleased with It, but said he had anticipated the decision from the time the petition for moditlcation was made. The case will be appealed. Refore adjourning Judge Jenkins said that as the question Involved was a highly Im portant one, and it was desirable that it should be reviewed by a court of the last resort, he would gladly co-operate with counsel in securing an appeal. Mr. Justice Harlan, he said, would sit with the Appelate Court In Chicago on May 21, and the appeal might be taken so as to have the case decided at that time. The decision of Judge Jenkins, the substance of which is given below, grants the technical modification of the supplemental order asked for by the petitioners, while It reiterates more strongly the real position taken In the injunctional order. In reality there is not a point yielded, as will be seen from the text. The order to strike out the offensive clause in the supplemental injunction, taken In connection with what goes before, is a delicate rebuke to the counsel for the petitioners for quibbling over the ambiguity of the clause, the substance of which was clearly and strongly stated In the preceding sentences. The -decision -rests upon two propositions, which are elaborately elucidated. These are the illegal purpose and character of the strike which the order was to prevent, and tho authority of the court to prevent and punish illegal acts. The motion was made by P. M. Arthur, grand chief executive officer of the Brotherhood of Locomotive Engineers; F. P. Sargent, grand chief fireman of the Brotherhood of Locomotive Firemen; E. E. Clark, grand chief of the conductors; D. G. Ramsay, chief of the Telegraphers' National Association; S. E. Wilkinson, grand chief of the Rrotherhood of Trainmen, and John Wilson, grand chief of the Switchmen's Mutual Reneflt Association. These organizations and officers1 stated in the motion that they represent such employes of the Northern Pacific only as belong to the organizations named. The petition asked for the modification of the injunction of Dec. 19 by expunging the words "and from combining and conspiring to quit, with or without notice, the service of said recevers with the object and Intent of crippling the property In their custody or embarrassing the operation of said road, and from so quitting the said receivers, with or without notice, as to cripple the property or to prevent or hnder the operation cf said railway." It also asked that the passages in the supplementary Injunction (which Is much stronger) covering the same ground, be eleminated. The object of the motion was to bring- to a direct Issue before the court the question whether courts can grant Injunctions to restrain employes from striking. JUDGE JEXKIXS'S DECISIOX. lie Modifies, the Order Only IleemiMe One Clause Is Uniieeeury. The following is the decision of Judge Jenkins modifying his famous injunction order: "In the discussion of the Important and interesting questions presented by the motions, it is not the province of the court to assume part in the contest between capital labor, which It is asserted Is herein involved. It may be that the aggregated power of combined capital is fraught with danger to the Republic. It may be that the aggregated poer of combined labor is perilous to the peace of society and to the rights of property. It doubtless is true that in the contest the rights of both have been invaded and that each has wrongs to be redressed. If danger to the State exist from the combination of either capital or labor, requiring additional restraint or modification of existing laws, it is within the peculiar province of the Legislature to determine the necessary remedy and to declare the general policy of the State touching the relations between capital and labor. With that, the judicial powtr of tho government is not concerned. Rut it is the duty of the courts to restrain those warring factions so far as their action may infringe the declared law of the land, that society may not be disrupted or its peace invaded, and that individual and corporate rights may not be infringed. "If the combination and conspiracy alleged and the acts threatened to be done In pursuance thereof are unlawful. It canrot, I think, be successfully denied that restraint by injunction is the appropriate remedy. It may be true that a right of action at lav would arise upon consummation of threatened injury, but manifestly such remedy would be inadequate. The threatened interference with the operations of the railway, if carried into effect, would tesult in paralysis of its business, stopping the commerce ebbing and flowing through seven States of the Union, working incalculable injury to the property and causing great public privation. Pecuniary compensation would be wholly inadequate. The injury would be irreparable. Compensation could be obtained only through a multiplicity of suits against twelve thousand men scattered along the line of this railway for a distance of 4,1'X) miles. "It is the peculiar function of equity in such cases where the injury would result not alone in severe private but in great public wrong, to restrain the commission of the threatened acts and not to send a party to seek uncertain and inadequate remedy at law. That jurisdiction rests upon settled and unassailable ground. It is not longer open to controversy that a court of equity may restrain threatened trespass involving the immediate or ultimate destruction of proierty, working Irreparable Injury, and for which there would te no adequate compensation at law. It will. In extreme cases where the peril is Imminent and the danger great, issue mandatory Injunctions requiring a particular service to be performed or a particular direction to be given, or a particular order to be revoked. In prevention of a threatened trespass upon proxerty or upon public rights. I need not en

large upon this subject. The Jurisdiction beyond; question is plenary and comprehensive." POWER OF THE COURT. The Judge then cited several authorities and continued: "It would be anomalous, indeed, if the court holding this property in possession. In trust, could not protect it from injury and could not restrain interference which would render abortive all efforts to perform the public duties charged upon this railway. "It was suggested by counsel that, as improper Interference with this property during Its possession by the court is contempt, punishment therefor would furnish ample remedy, and that therefore an injunction would not lie. This is clearly an erroneous view. Punishment for contempt is not compensation for Injury- The pecuniary penalty for contumacy does not go to the owner of the property injured. Such contempt Is deemed a public wrong, and the fine inures to the government.- The injunction goes in prevention of wrong to tho property and injury to the public welfare; the fine in punishment of contumacy. The authority to issue the writ is not impaired by the fact that, independently of the writ, punishment could be visited upon the wrong doer for Interference with property in the possession of the court. The writ reaches the inchoate conspiracy to injure and prevents the contemplated wrong-. The proceedings in contempt is ex post facto, punished for a wrong effected. "Asserting then as undoubted the right of the court by Its writ to restrain unlawful Interference with the operations of this railway, I turn my attention to the objections urged to particular paragraphs of the writs. It i contended that the restraint imposed by that part of the original writ to which objection is made by this action is in derogation of common right and an unlawful restraint upon the individual to work for whomsoever he may choose, to determine the conditions under which he will labor and to abandon such employment whenever he may desire. In the determination of this question it is needful to look to the conditions which gave rise to the issuance of the writ. Here was a railway some 4,400 miles in length traversing some seven States of the Union engaged in interstate commerce carrying the mails of the United States. This vast property was within the custody of the court through its receivers in trust to operate and to discharge the public duties imposed upon it, to keep it a going concern until the time should come to hand it over to its rightful owners with all public duties discharged and with its franchise, rights and privileges unimpaired. The receivers employed in the operation of the property some 12, 000 men. These men are prohac vice officers of the court and are responsible to the court for their conduct. WHY HE ISSUED THE INJUNCTION. "The petition represented to the court and the facts are confessed by this motionthat some of the men threatened to suddenly quit the service of the receivers and to compel by threats, and force, and violence other employes who were willing to continue in the service to quit their employ; that b' organized effort and by force and intimidation they would prevent others from taking service under the receivers in place of those who might leave such

service and would, therefore, as a means of forcing the receivers to submit to the terms demanded disable the receivers from operating the road and discharging their duty to the public as a common carrier, and would so conduct themselves by disabling locomotives and cars and taking possession of the property of the receivers to destroy and prevent its use and hinder and embarrass the receivers in Us management, thereby causing incalculable loss to the trust property and inflicting inconvenience and hardship upon the public. The restraining portion of the writ complained of and now under consideration prohibited these men from combining and conspiring to epuit the service with the object and intent of crippling the property of the receivers and embarrassing the operation of the road and from carrying that conspiracy into effect. The writ was in prevention of the mischief asserted. In no respect, as I conceive, does that portion of the writ interfere with the individual liberty. "In the case under consideration the receivers sought to charge the terms and conditions of service, Tne employes had, of course, the right to decline service upon the terms proposed. Notwithstanding the public character of the service, upon notification of their declination at a time prior to Jan. 1, 1S94, reasonable in view of the service in which they were engaged, they had undoubted right to abandon their employment upon that day. That, however, Is not the case presented to and dealt with by the court. Nor does the rectitude of the writ of injunction rest upon any mere right of the employes in good faith to abandon their emplDyment. The restraints imposed were with reference to combining and conspiring to abandon their service with the object and Intent of crippling the property. Its office was to restrain the carrying into effect of the conspiracy. "The second branch of the motion has reference to the writ of injunction issued upon the supplemental petition of the receivers, restraining any combination or conspiracy having for its purpoiie the inauguration of a strike upon the lines of the railway operated by the receivers and from ordering, advising or approving communication or instruction or otherwise, the employes of the receivers to join in a strike. This part of the motion presents the issue whether a strike is lawful. The answer must largely depend upon the proper definition of the term." ONE CLAUSE STRICKEN OUT. The Judge then cited various definitions of the word strike, and dwelt upon strikes in general, said he knew of no peaceful strike and that no strike was ever heard of that was or could be successful, accompanied by intimidation or violence. Continuing, he said: "One clause of the supplemental injunction has been characterized as wholly unwarranted. That clause Is 'and from ordering, recommending, approving or advising others to quit the service of the receivers of the Northern Pacific railway on Jan. 1, 1894. or at any other time In fairness, this claure must be read in the light of the statements of the petition. It was therein asserted to the courfc that the men would not strike unless ordered so to do by the executive heads of the national organizations and that the men would obey such orders Instead of following the direction of the court. The clause Is specially directed to the chiefs of the several labor organizations. The use of the words 'order, recommend, approve or advise,' was, to me, the various forms of expression under which, by the constitution or by-laws of these organizations the command was cloaked as, for instance, in the one organization, the chief head 'advises a strike. in another he 'approves a strike: in another, he 'recommends' the eiuittlng of employment. Whatever terms may be employed, the effect is the same. The command may not be disregarded under penalty of expulsion from the order and of social ostracism. This language was employed to fortify the restraints of the other portion of the writ, and to get the various disguises under which the command Is cloaked. It was so inserted out of abundant caution, that the meaning of the court might be clear, that tere should be no unwarranted interference with this property, no intimidation, no violence, no strike. It was, perhaps, unnecessary, lelng comprehended within the clause restraining the heads of these organizations from ordering, recommending or advising a strike, or joinder in a strike. "It is said, however, that the clause restrains an individual from friendly advice to the employes as a body, or individually as to their or his best interest In respect of remaining In the service of the receivers. Read in the light of the petitions upon which the injunction was founded, I do not think that such construction can be indulged by any fair and impartial mind. It might be used as a text for a declamatory address to excite the passions and prejudices of men. but could not. I think, be susceptible of such strained construction by a Judicial mind. The language of a writ of injunction should, however, be clear and explicit, and, if possible, above criticism as to its meaning. Since. therefore, the language of this particular phrase may be misconceived and the restraint Intended is, in my Judgment, comprehended within the other provisions of the writ, the motion in that respect will be granted and the clause stricken from the writ. In all other respects the motion will be denied." The Jenklnn InvcntlKntlnn. WASHINGTON, April C Representative Boatner, chairman of the House committee appointed to Investigate the famous antistrike injunction of Judge Jenkins, says the modified decision made by Judge Caldwell yesterday will not alter the plans of the committee. They will proceeed to Milwaukee on Saturday, as first arrange!, without reference to the changes which the late decisions may efrect. The investigation is in regard to Judge Jenkins's decision, and the propriety of this is in no way affected by the decision which other judges or Judge Jenkins himself may make. Representative McCann, of Illinois, who inContlnucd on Second Puge.)

SO MORE WITNESSES

Close of the Testimony in the Pol-lard-Breckinridge Case. Arguments Will Commence on 31onday and Will Probably Be Concluded by Wednesday Evening. FOUR SPEECHES TO BE MADE The Colonel Decides Not to Make an Address to the Jury. Madeline Purges Herself of Several Charges aud tbe'Defendant Again Enters Many Denials. WASHINGTON, April 6. To-day the stream of testimony in the Pollard-Rreck-inridge litigation, which has grown to be exceedingly wearisome, was brought to its close after five continuous weeks of sensationalism. The final rebuttal and surrebuttal to-day consisted of more denials by the plaintiff and defendant, thu leaving the final status of the case what It has largely been throughout, a question of veracity between the man and woman. Madeline Pollard took the stand to purge herself from the mock marriage with "Rllnd Aleck" Julian, as well as to repeat, with the dramatic emphasis peculiarly her own, the denial that the agreement to marry between herself and Colonel Rreckinridge had been anything but a contract made in good faith, on her part at least. Also she talked of the birth of her children with a freedom which would have seemed astonishing but for the matter of fact way in which all manner of unusual things have been discussed throughout this unusual case. She waa very much the mistress of the situation, as she had been on her former appearances, determined to tell her own story in her own way and succeeding In her determination as well as in keeping the corps of lawyers for the defense in a flutter of apprehension lest she should get away from their control. Colonel Rrecklnrldge repeated in all the various keys of negation in which his silvery tongue is skilled the denial of the story of Mary Yancey, the colored cook, and other vital details of the casei for the plaintiff. Arguments to the Jury will begin Monday, so that the case will probably close by Wednesday night. There will be two speeches for each side. Mr. Carlisle will make the opening for the plaintiff. He will be followed by Colonel Philip Thompson, formerly member of Congress from the Rluegrass State, and Major Renjamin Rutterworth, ex-member from Ohio, "for the defense. Judge Jere Wilson, ex-member from Indiana, will give the final plea for Miss Pollard. From the announcement of speakers expectations of a great display of court room oratory are warranted. The prevailing opinion that Colonel Breckinridge would address the Jury is a mistake. Said Mr. Desha Breckinridge, the son of the defendant, to-day: "Father will place himself, as he has In his political campaigns, in the hands of his friends." EVIDECE ALL I. Dr. Parson, Mr. Carlisle, Mlmm Pollard nml the Colonel Testify. Madeline Tollard's friend, Dr. Mary Parsons, appeared before a slim house to-day, the attendance of elderly men with prurient fancies having fallen off greatly with the conclusion of Colonel Breckinridge's crossexamination. Mrs. Parsons was called In rebuttal, the desire being to establish the identity of the handwriting upon the slip of paper alleged to have been attached to the clothing of Miss Pollard's child. Tha defense did not car to have this evidence, but Judge Bradley overruled the objections and Dr. Parsonsi testified that the slip shown was the identical one which had been pinned to the child's clothing, and that the words, 'Tlease name my baby Dietz Downing" were In her handwriting. Mary McKenzie, a middle-aged colored woman, was next put upon the stand. "Do you know where this baby, which has been spoken of, was born?" asked Mr. Wilson. "In my house on Seventh street," was the answer. "What was its mother's name?" "She was called Mrs Hall." "Who attended her?" "Dr. Parsons." Mary McKenzie had gone with Dr. Parsons to the asylum and given the child into the keeping of the ieople there. "Did Mr. Hall ever come to. visit iMrs. Hall?" "Sa she claimed." "Did you ever see him?" "Not till to-day. I recognized him by the child," responded the colored woman, looking directly at the gray-haired Congressman, who sat before her. The defense did not care to cross-examine Aunt Mary. Mrs. Lucretia Marie Mlnear, the landlady of the fashionable boarding house at Lafayette square, brought her account book which showed that Miss Pollard had arrived, at her house Aug. 31, 1S92, the day on which the plaintiff claims Colonel Breckinridge first broached the subject of marriage after the death of his wife. The four mysterious volumes of Irving which had figured in that part of the case centering about the Norwood convent, and in which the disputed Christmas card had been found, were placed on the witness stand. Then attorney Calderon Carlisle walked to the stand and took the oath. Attorneys on the other side objected, but Judge Bradley ruled that, as the evidence of Sisters Agnes and Augustine might have suggested to the minds of the jurymen the possibility that the card had been put in the book by Mr. Carlisle, it was entirely proper that the latter should be heard uion the subject. Mr. Carlisle proceeded: "lam able to swear that from the time I took that book from the bookcase until I discovered In it the Christmas card no other hand but mine and that of Sister Agnes touched it. I was looking for handwriting in the book, or some other marks of Identification. While I was handling it I found between the leaves this Christmas card, which did not have its edges turned or curled, and had on it the handwriting which you have seen, "Compliments of W. S. D.' There was also the invisible net and the pressed rose leaves. When I found them my client was sitting in an opposite corner of the room, and my colleague. Mr. Johnson, was some distance away. No one but myself could have put thoe things between the leaves of the book when our party was there, and I say to you, gentlemen, on my oath, that I did not do it." Mr. Carlisle's evidence wan fortified by the testimony of attorney Johnson, who had accompanied him to the convent. Then Miss Pollard once more took the witness stand and made denial that she had ever known Millie Shlnglebower. Lena Shingleton. John Brandt or Herman Kaufman, all of whom had derosed that she had been an inmate of a house In Lexlngtcn. She had never heard of Sarah Guess until taken to her house by Colonel Breckinridge; never had improper relations with Rhodes, nor told Rrecklnrldge that such relations had existed. She had not accepted money from the defendant at the time of her alleged betrayal. Miss Pollard also denied in all its details the story of the mock marriage between her and Owen Tinsley on Christmas day, 1SS3. Miss Pollard said: "I never was separated from Mr. Rrecklnrldge a day during the nine years that I was in his life, but ." At this point she was stopped by objections from the defense. She received the letters addressed "My Dear Sister Ixuise," and was in his room every night he was under Mrs. Hoyt's roof. She had never, at any time, presented a pistol at his head. There

was no understanding that she should deceive Mrs. Blackburn, or that she should falsely represent to Major Moore that sh waa .to be married. Colonel Rrecklnrldge saw her use the work basket many times, and said he was glad to see her use it. With Miss Pollard'8 retirement from the stand the plaintiffs rebuttal closed. Then came in sur-rebuttal Mrs. Liddie, the matron of the Washington Foundling Asvlum, who made a relatively unimportant denial as to the colored woman who brought the child to the asylum. Then Colonel Breckinridge reappeared as a witness and denied that he had told the colored woman, Mary Yancey, that he wanted her to cook for them when they got to housekeeping, and that Miss Pollard was never, to his knowledge, in his room at Mrs. Hoyt's. This ended the testimony, to the relief of everybody, for it had been drawn out In a tiresome way for several days. The attorneys arranged to submit their requests for instructions by the court to the jury on the legal aspects of the case to-morrow, and then the Jury was excused until Monday. ACCUSED OF POCKET-PICKING.

Director of the Abbey Opera Company Arrested at Chicago. CHICAGO, April 6.-Signor MancineMl, director of the orchestra of the Abbey Grand Opera Company, was arrested to-night on a charge of picking pockets. The arrest occurred in a dime museum on Clark street. Signor Manclnelll denies his guilt and declares that the whole affair Is a stupid blunder, but the museum people declare that he is a pickpocket, and that he and other Frenchmen have been operating among the crowds that visit the museum for more than three weeks. Signor Manclnelll admits that he has been at the museum nranj' times since he came to Chicago, but denies that he has picked any pockets. It was on the complaint of Charles McCurren, a special officer employed by the museum, that the arrest was made. He told the police that he had seen, Manincelll edging his way through the crowds at the museum on several occasions, and made the positive statement that he had seen the Frenchman placo his hand in the poekets of a bystander. Manager Lewis, ot the museum, says he saw Mancineili try to steal a watch. To-night MciJurren sent word to the police, and Manclnelll was talcen into custody. At the Central police station he made such strong protestations ot" Innocence that the museum people said they would not prosecute him if he would keep away from the museum. To this Signor Mancineili agreed, and he was allowed to go. He said he visited the museum so many times because he was collecting material for a book on America, which he intends to write after returning to Europe. PROBABLY EXAGGERATED. Army Ofllcer Do Xot Relieve the Okluliomu "tprUliiK" Story. CHICAGO, April 6. Adjutant General Martin, of the Department of the Missouri, thinks the dispatches from El Reno, O. T., concerning an Indian outbreak there must be somewhat exaggerated. He says that if the tribes were arming, and If there were danger of an uprising, the department here would certainly have had a report ot it. Colonel Purington, commandant at Fort Reno, has sent nothing beyond the advices given before in these dispatches. Adjutant Martin said this evening: "If there were any probability of an uprising we would certainly know it. The place described as the scene of the fight is only seventy-five miles from Fort Reno. There has been time to send three hundred miles since the affair occurred, yet we have no information further than that contained in these dispatches. I think the whole matter has been exaggerated." A Mere Personul Difficulty. WASHINGTON, April 6. All is quiet among the Cheyennen and Arapahoes In Oklahoma, according to information that has reached the Bureau of Indian Affairs. The bureau officials report that the trouble near Fort Reno amounted to nothing more than a personal difficulty between one or two of the Indians and a like number of the cattle men. The following dslpatch from Capt. A. E. Woodson, acting agent at Fort Reno, was received at the Interior Department to-day: "No further trouble between the whites and the Indians has occurred. Newspapers persist in publishing exaggerated reports. Indians generally engaged in their farming operations, and are quite peaceably disposed." Another Senmtloiinl Report. EL RENO, O. T., April 6. Excitement over the Indian outbreak 13 abating, though no courier has arrived to-day from the scene of the conflict. It is sixty miles away, and it is lelleved by the military and the agent -that most of the reports as to the number of fatalities, has been exaggerated. It is now known that only twentythree whites and five Indians have been killed. Troops from this post are still in the field, and as no courier has been sent in from there to-day it is evident that the situation is calming. DISARMING THE MILITIA. Governor Tillman PuniKMiig' the Soldiers Who DiNoheyed Hln Order. CHARLESTON. S. C, April C The scene of military operations in the dispensary war was to-day transferred to Charleston, when Jerry Dary Watts, the Assistant Adjutant-general of the State, arrived here armed with instructions from Governor Tillman to disarm and disband the Fourth Brigade South Carolina Volunteer troops. The charges are that the brigade refused to obey the Governor's orders and repair to Darlington to suppress the insurrection. The Adjutant-general's instructions are to take all the arms and accoutrements back to Columbia with him. Those who think the Fourth Brigade will be left unarmed will find themselves very much mistaken. Some of the companies have the arms issued to them by the State. A good many of them have rittes and cannon which they paid for themselves. This is notably the case with the German Artillery, which has a battery of four guns and equipments. There seems to be no fear that the Fourth Brigade will disband. The rifle clubs will probably be reorganized, as they were when the negroes monopolized the military force of the State. The spies are dally expected here from Darlington. It is understood that they will resume their raiding. Mayor Ficken is in Columbia in conference with the Governor as to the gubernatorial control of the police. Some complications are expected to arise out of this latest move. At Pence A grain. COLUMBIA, S. C April 6.-South Carolina is again at peace, after the stirring and warlike happenings of the last week. The State troops withdrawn from Darlington arrived here this afternoon. Governor Tillman addressed them briefly, commending and thanking them. There was nothing sensational or wild In his remarks. The spy, McLendon, who is regarded as the cause of all the trouble, was a spectator. He was guardl by militiamen. Governor Tillman is already preparing an application for ball for McLendon and Cain, who were found at the Inquest resronsible for the killing. Brooklyn Husband Valued nt X 111, NEW YORK. April C For the alienation of the affections of her husband. Sylvan M. Levy, a Rrooklyn jury has awarded Mrs. Katie Levy S2.j) damages and 5 per cent, counsel fees from her father-in-law, Moses Levy, a wealthy feed and hay dealer of Rrooklyn. The Levys were married in W2, after a brief courtship. A fhort time afterwards the elder Ievy induced his son to leave the plaintiff and go to Chicago, whore he remained until Saturday last, when he returned to defend the trial which has Just been concluded. Sylvan Levy will also have to answer to a charge of abandonment preferred against him by his wife. Fntnl AfTrtiy nt n Raee Truck. ST. LOUIS, April 6. At the Madison (III.) race track, this evening. PatricK O'Neill tried to collect a bill of a California horse owner named Owen. Albert Moody, who had charge of Owen's horses, could not, in Owen's absence, satisfy the cellector, wh then attempted to lead off one of the racers. T. O'Neill, who was standing by, made a threatening move toward Moody, who pulled his revolver and tired two shois, seriously wounding a bystander named William Taylor, better known as "English BllL." T. O'Neill seized a pitchfork and struck Moody over the head, causing- fatal Injury.

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Coxey's Commonweal Now Over Four Hundred Stronsr. Yesterday tho Soldiers Marched Over a Ronjrh Road from Homestead to McKeesport, but Fared Well. TWO AS3IIES BADLY TREATED The California Division Driven Out of Oakland at Xight, But Sent East from Sacramento la a Freight Train Gen. Frey's Coutlnrent Still Stranded in Illinois. M'KEESPOUT. Pa., April 6.-It was H o'clock this morning before the commonweal started from Homestead for this place. Last night the men slept in an old hou3a on hay and sawdust. There were over four hundred men In a space that would comfortably accommodate one hundred less. As a result they were wedged in as closely as corn upon a cub. The hour scheduled for breakfast was 9 o'clock, but it was 10 before the men were served with their rationj of boiled iota toes, bologna, bread and coffee. The raw cold wind that blew along the Monongahela chilled the men to the Lone. More shoes were distributed to-day, but a majority of the recipients carried them over their shoulders, preferring not to break: them in on a long march until compelle-l to do so. The total number of recruit a signed Thursday was 21$. A commune ot fifty was organized and named Pittsburg Commune. Several members of the crmy were discharged to-day for quarreling oyer the possession of a sack of tobacco. As stated, the start from Homestead wot made at 11 o'clock sharp, and the parting was cordial. The route take'n was by tha river road and was rough. The commonweal reached Duquesne at 1:30, when luncfy was taken. At Homestead three wagonloads of provisions, thirty-two blanket. IZ9 pairs of shoes and other manner of supplies were contributed. The residence of Patrick White was entered during the night and f small Fum of money was secured. It Is lalii to Coxey's men, although but few wera given the liberty of the town on passage. The army this evening is In camp at Reynoldton, and to-night the men are sleeping In the Coliseum. The entry Into McKeesport was watched by hundreds, but thera was no demonstration. The march from Homestead along the river road through Duquesne waa a tiresome one, and a stop of two hours was made at the latter place. The army was escorted Into town bv a delegation of tube workers and a band. Four hundred loaves of bread have been already donated by leading business men. In a speech Marshal Rrowne announced that hereafter the communes shall be lettered and not named. There are already five com munes, A, B, C, I) and II The stop at noon Saturday will be at Elizabeth, ana th camp at Monongahela City will be'amed Brandywine. Tnere are four new rvlTults to-day, and four hundred and forty meal tickets were given out. m'CITHR CITIZENS. People of Oakland Rise In the Mght nntl Drive Awny nn Army. OAKLAND. Cal., April 6.-The city of Oak land has had many exciting events in its history, but nothing bas occurred here to compare with the turmoil caused early thif morning by a regiment of unemployed men which left San Francisco Wednesday to Join Coxey's army in its Journey to Washing ton. All night long every man, woman and child In Oakland was on the streets, th riot alarm was sounded, the Governor wa asked to call out the National Guards, extra iolice and deputy sheriffs wer sworn In and armed with rifles, and preparations made for lighting, because 640 unemployed men refused to leave the city. Only a rash word or an unlucky shot was required to precipitate a conflict whlchi would have resulted in the extinction of this branch of the industrial army, for tha men who composed it were mostly unarmed, and it would have made but a feeble resistance to the officers and citizens. Rut th word-was not uttered, nor the shot fired, nor the army overcome by force. It consented to move when it was seen that further resistance to the will of the citizens of Oakland was useless. On Wednesday last about six hundred men applied to Maybr Ellert, of San Francisco, for assistance in getting across the bay to Oakland, where tr.ey expected to secure transportation on freight trains to the East. The Mayor contributed li, and tho regiment was sent over to Oakland. Mayor Pardee, of this city, resented what he called the foisting of San Francisco's unemployed upon Oaklar.d, and a tart correspondence ensued between the mayors of the two cities. Uron arriving at Oakland the army found that the Southern Paclfto railroad would not allow the soldiers to ride on its trains, so they camped in the Mills Tabernacle and waited. The people of Oakland fed them, and they were in no hurry to move. The citizens raised ?2X) to pay the fare pf the industrials to Sacramento, and arrangements were made to have them start at 6 o'clock lat nisrht. The army marched to the Sixteenth-street station to take tha train, and the people of Oakland heaved a sigh of relief in Retting rid of them irly. When, however, the army found Uiat it was to be transported in boxcarj t'.ie men rebelled, and refused to leave unless passenger coaches were provided, so th4 army marched back to the tabernacle. Chief of Police Schaefer tried to mak peace by asking the railroad company t supply passenger coach-. Division Superintendent Wilder refused the request, saying that the road could not furnish the coaches for the 2f that had been subscribed. All negotiations were declared off, and then It was decided to take action against tha army. The officers received information that among the leaders was a man who had b'-en interested In the 11 ay market riots In Chicago. This information was somewhat alarming to the ofllcers, and It was decided to take speedy action and avoid bloodshed if possible. Mayor Pardee called a meeting cf the Council and a plan of campaign was decided upon. At 11 o'clock the Mayor issued positive instructions to Chief of Police Schaefer that the Industrial army of 640 must le driven out of the city by force. Chief Schaefer ordered all the police to report la uniform at once to the City Hall. He deemed his force insufficient, however, and notified the Mayor, who at once requested the Governor to call out the militia. In the meantime the local companies were placed under arm?, awaiting a reply from tho Governor. Under the direction of Major O'Brien a Gatling join was placed In front of the City Hall and loaded fcr action. The gun was placed in charge of militiamen, with instructions to take no action until word was received from the major in command. At midnight the Mayor. Sheriff McKlllIcan and Chief Schaefer held a consultation, and it was decided to drive the industrial army out of ihe city at 3 o'clock In the morning. The excitement at the City Hall was running high. Officers were unninrf themselves with pistols, clubs, Winchester rifles, etc. Sergeant Fletcher commenced to organize the rru-n Into companies so a to be ready at a moment's notice. At 12:UJ o'clock no word had been received from the Governor at Sacramento, and the f herilt began swearing in deputies. Oakland's police force consists of fifty men, and they were all on duty. At 2 o'clock a general alarm was sounded by the fire bells, and the people hastened, i to the City Hall. There about l.Srt rten were sworn In as deputy sheriffs anl all were armed. The fire department alo re. sponded, and Its member? iv?re armeU Then the eitv's forces marcheC to th Tabernacle, w here the army was Jeacefully slumbering. The soldiers wer' awakened and ordered to move out. Tiie men refused, and things looked oml'.ous. Consultation were held on loth !des. Finally the police arrested leader Kslly and several of his men. and penned the rent of them up in a corner of the Tabernacle. TUcy U4

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