Indianapolis Journal, Volume 51, Number 94, Indianapolis, Marion County, 4 April 1901 — Page 2

2

THE INDIANAPOLIS JOURNAL, THURSDAY, APRIL 4, W31.

daughter, Mrs. M. A. Gel wic k, at Dnvlii III., to-day, 01 Brlifs dise.u-e. The body will arrive h re to-morrow and 1 1 1 funeral ixv.'l burl 1 1 will tike place on Friday.

Oilier Dentil in tlir Stuft. P.LOOMINGTON. In,"!.. April 3.-Ir. James Warrlnc. :.gl scv nty-nine. and the ol. Its; pzacthing ih;eiaii in M-nroe county, :!'! at hU home in Smlthvllle to-day. He was prominent in Democratic county jHlIitiC.-!. MADISON. I ml.. April 3. Kuufm in I. vi. a well-known cattl- d-aW. of Madi.-on. die I. this evening, at his homo here, aged sixty-one years. hoc;i:i:n mi imuu thial. Deathbed Mntrment of Mllbiirii llnty Admitted n I!viltiici. S.-eei:; t'i th In I!un;i i Journal. TERRE HAUTE. Ind., April 3.-In the trial of Charit s Honors, for the murder of his wife's stepfather. Milburn Baty, the State to-day introduced testimony to prove that It?ers bought th revolver and cartridges on the Saturday before the Sunday of the tragedy in a way that indicated a purpose to do a Rood deal of shooting. The State has said it will prove that he had said he intended to kill all of the family, and that he even pave the hour when he would do so. naming from G to 6:J0 p. m., ns that would be the time when the policemen would be at roll call and he would have a better chance to escape. - Several witnesses testified to the identity of the dying statement signed by Baty, and the court admitted It as evidence. In this statement Baty says that Holers went to his house about 4 o'clock on the afternoon of March 10. Mrs. Rogers had been there several weeks, having left her husband for the second time, Until o'clock Rogers pleaded with his wife to return to him and then asked to be permitted to take one of the children. This was refused. He then drew hid revolver and as she ran from the room he shot her in the back. Uaty, who was the only other person in the room except the child. Carl Hogers, went to the defense of Mrs. Rogers and Rogers shot him while he was trying to take the weapon from the infuriated man. When Rogers gave himself up at police headquarters there were only three empty Fhells, but the State says it will prove that he fired live shots in all and that he went to a neighbor's house and changed the eontents of the chambers of his revolver to make it appear as if only three shots had been fired. Ketrinl A rKintieiit for John Hlnknrd. fc'veclal to th Inlianaiolls Journal. WABASH. Ind.. April S.-The arfiument f tho motion for a new trial In the case of John Kinkard, the wife murderer conti, mned to death, will be heard by Judge fchlvely next Monday. Local attorneys who have examined the grounds for a rehearing kubmitted by the attorneys for the prisoner express doubt of their sufficiency, though courts generally are disposed to Kive the accused the benefit of any uncertainty. " Ajccd Petitioner for n Divorce. j.eial to the Indianapolis Journal. BLOOM1NGTON. Ind.. April 3. In the Jdonroe Circuit Court to-day Mrs. Mollle Fisher, aged eighty, appeared and asked lor a divorce from her husband. William Fisher, aged eighty-one. Both were so teeble that they went to the witness stand with diflicrdty, and the father said he had been driven from his home many years i:go because a son. then twenty-five years old. hal treated him cruelly and abused him, and the mother took the son's put. 'i he old man had cone to the home of a daughter and now lives with her. The wife asked for a separation and S3,öoü alirr.ony. Judge Martin refused to take notion and said that the trouble would seen be settled forever by the great Master, as Loth were on the verge of eternity. 1'nrt of n Hie Syntem. Ejeclal to the Indianapolis Journal. PElir, Ind.. April 3. The Fort Wayne &. "Wabash Klectric Hallway, just incorporated by A. X. Dukes. H. A. Edwards and other gentlemen of Pru, as mentioned in the Journal, is to be a portion of the electric line to run between Fort Wayne and Lafayette over the old Erie canal towputh. A. N. Dukes, the Peru capitalist, owns the tov.path from Fort Wayne to "Wabash, and has incorporated separately. He is a Joint owner from Wabash to Lafayette, and a second incorporation will be made to complete the line. It will be ready for contractors in a few weeks. Cnllen i:nII- Knocked Out. Special to the Indianapolis Journal. ELWOOD, Jnd.. April 3.-.Iack Cullen, of Indianapolis, was knocked out in the fourteenth round to-night by Eugene Uezenah. of Cincinnati, at the Coliseum Athletic Club in this city. Over one thousand persons witnessed the contest. Cullen was knocked down eight times. Donovan and Bums will light here on the IGth. Indlann otc. Muncie's iMstofflce receipts for the year ended March 31 were ir.4JJ.T5. an increase of 'M over the preceding fiscal year. Frank X. Kaunapell. a New Albany druggist, has filed a petition in bankruptcy, with assets of $1,50) and liabilities of $5o. Scarlet fever Is epidemic at Freelandsville. In the northern part of Knox county. Several of the cases are severe and the echools have been closed. Elmer Evans, sixteen years old, of Bedford, was crushed to death in the yards of the oolitic quarries yesterday morning by the all of a large slab of sawed stone. Six new cases of smallpox have developed In and around Floreace, la Switzerland county. The secretary of the State Hoard of Health is investigating the situation. The new wagons for the Wabash union grocery delivery were put on yesterday. FAIR AND WARMER TO-DAY. Probably Slinner on Friday Fretli Soutlienterly Wind. WASHINGTON. April 3. Forecast for Thursday and Friday: For Ohio Fair on Thursday; warmer in southern portion, fresh northerly winds. Friday fair and warmer in eastern, probably showers in western portion. For Indiana--Fnlr and warmer on Thursday; Friday probably showers, winds becoming fresh southeasterly. For Illinois Fair and warmer on Thursday. Friday probably showers, with colder In western portion, winds becoming fresh southeasterly. Local Ohaervntion on AVedneilu. Bar. Ther. H.H. Wind. Weather. Pre 7 a. m.-lN.M) ;s !; N west. Cloudy, tv.oi 7 p- m.. 47 V, N'west. Clear. u.W Maximum temperature, 5o; minimum temperature. Following is a comparative statement of the temperature and precipitation April 3: Temp. Pre. formal 4s o 12 Mean 42 Oßl Departure from normal ; o.ll Departure since April 1 od7 Departure since Jan. 1 p 3'uo C. F. K. WA PEN HANS. Local Forecast Official. Veterdaj ' Tempern tu ret.

Stations. Min. Max. 7 p. m. Atlanta, Ga 40 41 4 Bismarck. N. D 3l a, Calgary. N. W. T Chicago r,2 il 4') Cairo. Ill CS 51 50 Cheyenne. Wyo t;j - Cincinnati : 4,', 4,; Concordia, Kan i"S , -o Davenport. la "J , Des Moines, la :S O:'! sten. Tex 1) , 4 ! leh na. Mont ;: 40 Jacksonville. Fla , r, ;,s i:.'?-r.- City. M i :: .-, 50 Little ib k. Ark u Marquette. Mieii :j 4 Memphis, T tin -.j .- N.ishville. Term 40 4; 4.; .New Orleai-s 4a On .; New York 4 is 4 North I 'litte, Neb .'; t 4 4,) Oklahoma. O. T M 7.' m Omaha. Neb :V2 51 5o Pittsburg Ul C .V, Rapid City. S. 1 i , t; .i!t Lake City. Ft th.... ! s St. I ouis :, j Ft. Paul. Minn J .'it ;. Hprinyrrieb!. Hi :;j : Yicksburg. Mi-M 4 ;; ui Washington, D. C 'Si 4 40

The service, with the old wagons, began on Monday and has been very satisfactory. Heard Sterrett. of New Albany, allowed his head to come in collision with the top of a door as he was driving- under a shed on Tuesday and suffered fatal injuries, his spinal column being broken. The annual theological institute of the Wesleyan Methodist " Church will be held at Wabash cm April to n. The Ohio and Indiana district." will be represented by more than one hundred ministers. The Rebekah degree staff of Falls Lodge, of Pendleton, conferred the degree on three candidates at Wilkinson Tuesday night. Hefreshments were served after the work. There were many visiting Hcbekahs. Edward Smith, a Morion employe at Hloomlngton. and Miss Lizzie Stolts, a paralytic and lifelong invalid, eloped Tuesday night and were married by a juftice of the peace while they were sitting in their carriage, from which the bride could not alight. Andrew Carnegie's secretary, James Hertram, has written to President Jay. of the Marion School Hoard, that th $"."")

promised to Marion would be forthcoming in such installments as are made necessary by the progress made in the erection of the building A Christian reform convention will be held at the Church of the German Haptist Urethren in Huntington on April 15 and 1J. The Rev. P. H. Williams, of Huntington, is secretary. An elaborate programme of papers, addi esses and discussions has been prepared. Three ex-officials of Hoone county paid small sums into the county treasury at Lebanon yesterday on claims against them for fees said to be illegally withheld. The men and the amounts were: Ex-Sheriff Alexander Hull. J140.2S; ex-Sheriff John M. Troutman, V.'M; ex-Treasurer W. II. Stewart, $iK). The Terre Haute City Council has adopted a resolution for the appointment of a committee to take up the subject of a municipal water works plant. The committee is instructed to make an investigation of the subject of municipal ownership of water works and to report the conditions on which Terre Haute could acquire a plant. The present contract will expire in 1107. OBITUARY. D'Oyly Carte, London Theatrical MnnnKcr ninl FamoiiN liupreM.mrlo. LONDON, April 3. D'Oyly Carte, the theatrical manager and impressario, died this morning at - Tunbridge Wells, counties of Kent and Surrey. D'Oyly Carte died quite peacefully. He had long suffered from weakness of the heart, which was aggravated by the shock he suffered In the death of Sir Arthur Sullivan. He was in a comatose state yesterday, but rallied before the end. He was impressario of the (Ulbert and Sullivan operas at the Savoy Theater. '()h. Pilot, II I Lant Word. LOUISVILLE. Ky., April 3. With the exclamation, "Oh. Pilot!" on his lips. William G. Chaddick, formerly one of the bestknown steamboatmen in the South, dropped dead here to-day. During the civil war he was pilot on various noted gunboats on the Cumberland, Tennessee and Mississippi rivers. Mr. JIarIa Tod. YOCXGSTOWX, O., April 3. Mrs. Maria Tod, widow of Ohio's famous war Governor, died this evening, aged eighty-eight years. Other Heaths. OMAHA, Neb.. April 3. A cablegram received to-day announces the death from consumption yesterday at Nashua. Hahama islands, of Capt. William II. Marsh, president of the Fnion National Hank of this city, and treasurer of the Omaha Streetrailway Company. Captain Marsh was sixty-nine years old and one of the largest financiers in the State. He leaves tour sons, all business men of this city. NEW YORK, April C Vincenzo Pollodori. publisher and editor of the Italian pewspapers El Progresso and Christof ero Colombo, of this city, died to-day at his home in Stapleton. Staten island, ageil ttfty-eight years. OMAHA. Neb." April 3. William It. Learn, judge of the Police Court of Omaha, suffered a stroke of apoplexy this afternoon, from which he died a few moments after he had adjourned court. LONDON, April 3. Douglas Gordon McHae, editor of the Financial Times, died to-day in Switzerland. Ho was born In CONDITIONS IN THE BALKANS. Situation Fnll of Danger for the Pence of Southern Europe. ODESSA, April 4. It is asserte.i here that the Russian political agent in Bulgaria has sent to St. Petersburg a verv pessimistic report regarding the situation in the Halkans, declaring that the Bulgarian government is quite incapable of coping effectively with the agitation of the Macedonian committee and that there Is constant danger of some untoward incident leading to a conflagration. The report emphasizes the pminous fact that Turkey will listen to no foreign intervention with regard to Macedonia because anv concession of Macedonian territory would lead to a holy war. It declares that the only thing is for Russia to help Bulgaria suopress the Macedonian committee. Bayoneted liy Türk. LONDON, March 4. The Morning Leader publishes the following dispatch from Vienna: "At Smyrna, on the strength of rumors that the Jews had murdered a Greek lad for ritual purposes, ten thousand infuriated Greeks stormed the Ghetto. The Turkish troops charged the mob with bayonets, one person being killed and fourteen others wounded. DAILY CRIMINAL RECORD. H. C. Henderson, the self-accused Cudahy kidnaper, yesterday pleaded guilty at Dallas, Tex., to a charge of theft and was sentenced to two years in the penitentiary. The police at Helena, Mont., yesterday arrested the proprietors of three gambling houses and eleven proprietors of nlekel-ln-the-slot machines. These are the tirst arrests under the new anti-gambling laws. It is now said that Nicholas Rowein. a Kirksville. 111., manufacturer, who was found dead on the street Monday night, and who was supposed to have died of heart disease, was really robbed and murdered. So far no clew to the criminals has bten found. In a quarrel over a land boundary B. I. Caldwell, a prominent land owner near Manchester, 111., was struck on the head this afternoon by I. N. Swart wood, a neighbor, dying a few hours afterward. The sheriff of Scott county, with bloodhounds, Is pursuing Swartwood. Robert Hayden Moulton. the Southerner, who shot two theatrical managers while trying to shoot May Buckley, the actress, in a rajhskellar two weeks ago, is in a pitiable mental state in Bellevue Hospital. New York. He does not realize where he is, and apparently does not recognize any one except his mother. The case of ex-Attorney General Fred A. Maynard. of Michigan, who was Indicted by the late grand jury of Ingham county, on a charge of falsifying pay rolls in his office, was thrown out of court by Judge Weist, at Lansing, yesterday, on the ground that the indictment should have been brought for fraud in order to hold. The last delay in the extradition proceedings against the three alleged bank robbers. Fred Lee Rice. Frank Rutltdge ani Thomas Jones, was overcome yesterday when the mandate of the Supreme Court was filed In the Fnited States District Court at Chicago and the prisoners were turned over to the officers from Toronto. Out. The detectives with the prisiner3 left last night for Canada. A tight occurred between City Marshal Melleth. of Gillett. Col., and two masked "hold-ups." in which Alb. rt Tils lalc, one of the -hold-ups." was killed, his companion, whose name is unknown. wound-d. and McBeth slightly injured. The two men, after holding up a saloon, retreated to the door while tiring their revolveis. McHeth heard the tiring and ran through the b u k door of the saloon and began tiring. The robbers rt turned the fire, which lasted several minutes. Tilsdale was shot through the body and died shortly afterward. His partner .escaped with a ball in ids shoulder. to ih::vent im:i mo.m.y ami grip Laxative Bromo-Qulnlne removes the cause

FOR THE PHILIPPINES

- m:v om: or" coiht iit?c'i-:ii'iti: PREPARED II V .IMH.i: IDC Judge Wright at Work on a Criminal t'otle Feature of the Civil Code Explained lty Mr. Ide. Correspondence of the Associated Press. MANILA. Feb. To. Judge Henry C. Ide. of the Philippine Commission, has just completed the preparation of a new code of court procedure for the islands. A criminal code, which is In course of preparation by Commissioner Luke E. Wright, will work in harmony with the civil code's provisions. There will be no jury trials in any branch of adjudicature, and the practice as to law and equity cases will be similar. The general Spanish laws will for the present remain In force, where not superseded by acts passed by the commission. Spanish will be the court language until Ii. The new code substitutes newcourts for the present Court of First Instance and of justices of the peace, consequently vacating present judges positions. The following outline of the bill was dictated for the Associated Press to-day by Judge Ide: "The code covers the subject of the organization of courts of civil urocedure. The judicial system will consist of one or more Justices of the peace for each municipality, courts of iirst instance in each province to be presided over by judges for a judicial district composed of one or more province:-, and a supreme court to consist of five judges, Including a chief justice. There will likewise bo such municipal and special courts as may be needed, and a notarial system similar to that which prevails in the United States. There is to be an attorney general and an assistant attorney general lor the islands and a prosecuting officer for each province. Justices of the peace will have Jurisdiction in civic actions un 10 the amount of $110 gold and in criminal actions where the offenses do not require a penalty exceeding imprisonment for six months or a line not exceeding f50. SPANISH SYSTEM CHANGED. "The Spanish procedure was so filled with opportunities for appeals at every state and with provisions for challenging the competence of judges on so many grounds that it was impossible to make any progress in litigation and business men refused to enter the courts with their controversies because of the delays, expenses and uncertainty Incident to those tribunals. The new code is not a reformation of the Spanish procedure; it is an entirely new procedure, based on the general lines of modern procedure in the courts of England and the British colonies and tome of our own most progressive codes. "The system of pleadings is an exceedingly simple one. The plaintiff is confined to the complaint, stating his cause of action and the ground for the relief that he seeks, and the defense is confined to an answer setting forth the reply to the complaint; but the defendant may demur to the complaint, or the plaintiff may demur to the answer, for the purpose of contesting the legal sufficiency of either. "As no juries are provided for, and as the same judge would administer legal or equitable relief in any event, there is no ground for more than one Jurisdiction. The instructions of the President to the Philippine Commission do not contemplate the establishment of any Jury trials in the islands for the present because the conditions are not yet suited to that AngloSaxon institution. The people are not sufficiently educated nor free from outside control or from tampering with jurymen to warrant the immediate establishment of that system. "Partly for the purpose of satisfying the wishes of the Filipinos that more than one Judge might sit in a case, and partly for the purpose of fortifying the judge in his judgment a system of assessors will be provided whereby either party shall have the right to have two assessors, impartially chosen from a list of men of the province best fitted by Intelligence, integrity and repute to act as triers of fact, to sit with the judge on trial. These assessors will have no controlling voice in the final decision, but only the power of advice, but where the opinion of the assessors is that the judgment is wrong they may so certify in the record, and in that case it will be the duty of the Supreme Court to review the evidence and give to the dissent of the assessors such weight as in their judgment ought to be given to it. JURISDICTION OF JUDGES. "The judges of. the Supreme Court have jurisdiction throughout the islands, and the judges of the court of first instance have jurisdiction throughout their judicial districts in habeas corpus proceedings. "The Sypreme Court, in the exercise of the appellate jurisdiction over courts of first instance in actions, is confined to matters of law on bills of exceptions, the findings of the judge of the court of first instance being conclusive on questions of fact, except in certain special cases wherein the Supreme Court may review the fact3 I substantially as they might in courts of V'liinj ill uic i.mie.i cuius. "The Supreme Court is to hold two sessions each year at Manila, and these two session will cover probably a greater portion of the year, but it is likewise to hold one short session per year at Hollo and another at Cebu to try cases originating in those portions of the archipelago. "The executive officer of the courts of first instance will be the Governor of the province, who will appoint his own depu ties and take from them such indemnity as he may require, himself being required to give bond, as a sheriff in the United States. "The subject of the language to be used in court is a difficult one. It has not been thought Just to require an enormous mass of people and their lawyers, who know nothing of the English language, to conduct their litigation in that language; but, on the other hand, it is considered thit after a reasonable time they should be required to conduct their proceedings in English. The code, therefore, provides that, where both parties agree that the proceedings may be conducted In the English language, they may be so conducted, but where they do not. the Spanish language shall be the official language. This gives an opportunity to all Filipinos and Filipino lawyers to equip themselves within a time that is deemed to be reasonable. "The new system restricts the costs that may be received in an action and defines them substantially as they are restricted and defined in the federal courts of the United States. "The establishment of one or more federal courts, strictly so-called, must necessarily be the work of Congress, if deemed advisable. The insular authorities have no power to create federal courts, so-called, because they have no power to confer jurisdiction upon Circuit Court, or Circuit Court of Appeals, or the United States Supreme Court to entertain appeals from any tribunal created in the islands, hence, the furthest that the commission could go in that direction would be to establish a provisional quasi Federal Court, as was dove by the miltary authorities in Porto Rico. The salaries of the judges of the courts of first instance will vary from $1.5o0 to $T.ri, according to the Importance of the judicial district to which the Judge may be assigned. The salaries of the judges of the Supreme Court will be $7.(. ', except as to the chief justice, who will receive J7.5uO." FOREIGN MISCELLANY. M. Delcasse. the French minister of foreign affairs, is expected at St. Petersburg about April 2o. The physicians in attendance have discovered a fresh abscess in the throat of M. Waldeck-Rousseau. the French premier. Yesterday's Spanish Cabinet council approved the basis of a treaty of peace an I friendship between Spain and the Ur.Li-d States. The Spanish minister of war. General Weyler. has ordered tie exclusion of nuns from the military h-spit:.l at Madrid until the budget shall have provided funds permitting them te return. The British Foreign Office has received a note from the French government expressing in a friendly spirit France's desire that Portugal should resume negotiations with her foreign bondholders. The new German imperial V, per cent, loan of o'wj.'O'j.ixm marks was offered yesterday. The directors of the Imperial Bank kii-t evening estimated that the subscriptions amount to over 4f..!.Ooo,iM0 marks. Famine and typhus are raging throughout the governments of Kherson and Bessarabia and portions of the governments of

Kleff and Taurida. in Russia. The mortality is C") per cent, of the entire population. Emperor William entertained at luncheon yest r.lay Herr Truppel, the new governor of Kl.io-Chou, and Captain Ians, of the German gunboat litis, who so greatly distinguished himself in the lighting at tiie Taku fort. , Charles "Kid" MtCov left New York tonight for Saratoga, where he will prepare himself for the 'proposed match between himself and P.-ter Mah-r. McCoy state that if Malier does not sign either Sharkey or Jeffries will be acceptable. The directors of the new blind asylum at Wusterhausen, near Berlin, have given co mmissions for portraits of Emperor William and Empress Auguste Victoria to be hcr.g in the institution. The portrait of the Empress will represent her as St. Elizabeth. The authorities of Leicester. England, yesterday began the prosecution of sixty thousand defaulters under the vaccination acts. Six test cases had been started, out ail had been withdrawn for various causes. Leicestershire is a hotbed of antl-vaccina-tionists. Several plague corpses have been fo-ind in the streets and houses at Cape Town, indicating efforts to conceal contact with the disease. The" total number of deaths from tiie plague is U;7. including twentytwo Europeans. There have bten 315 cases of the plague. An Important question was rised yesterday in the King s Bench Court at London by a photographic company which object to tax commissioners levying an income tax of .Uio.ijoo on an American company in which a British company holds most of the shares. The court granted a mandamus calling on the commissioners to show cause why they should not be prohibited from assessing the tax. The Macedonian Congress has been convoked for April 15 at Sofia. Several agents of the Macedonian committee have been imprisoned by order of the Bulgarian minister of the interior, General Petroff, in connection with agitation on the frontier. V number of Bulgarian officers have resigned rather than obey the order of the minister of war forbidding military men to retain membership in the Macedonian societies. The London Statist will say next Saturday: "The action of Mr. Gage, secretary of the United States treasury. In buying bonds, was probably influenced by his desire to prevent any acute pressure for money in NewYork, at a time when the German loan was 011 the point of issue and when a British loan of JU'-"),ooii,lHto lias to be financed. There is little doubt that, were money in NewYork to become stringent, it would have a very adverse effect upon the British and German money markets, as it would mean thnt instead of further amounts of Ameri

can monev being employed In London ami Berlin anil facilitating the issue of loans, a portion of that already here to American credit might be called In." SAID TO BE ARBITRARY RAILWAYS SEVERELY CRITICISED DY A NKW YOUIv MI.HCIIAMT. Aecnsed of niaerlmlnntlon In ClnanilicntlouM Testimony Before InriiiMtrlnl Commission. WASHINGTON, April 3. J. M. Langley, representing the Merchants' Association of New York, to-day testified before the industrial commission that it was utterly useless for the Interstate-commerce Commission to attempt to govern freight classification rates. The railroads, Mr. Langley stated, exercise a power that amounts to arbitrary taxation, and In making these classifications, which really amount to rate making, the merchants have no representation. The changes, he said, In territory south of the Ohio and east of the Mississippi amounted to an advance of about two-thirds in 2X) items of classification, and a complaint he , had made was dismissed by the road as too general, despite the wholesale nature of the advance. He cited a large number of Instances of alleged discrimination between carload and less than carload rates, which he claimed to be unjustifiable. There were two classes of discrimination, he said, namely, arbitrary change in classification and in broken bulk, the latter being the difference between rates on carload lots and fractions thereof. The merchants contend that in the latter the roads are not governed by the cost of handling. The merchants In the Southern States, he contended, can distribute in their respective States goods on the old freight basis, while a merchant outside is subjected to the advanced classification. This failure to recognize the general classification rates on Interstate business is with a view, he said, of building up the jobbing interests of the particular State. The witness said there are three classes of rates in the Southern territory that are higher than the highest rates in the trunk line territory. This higher tariff for the South may be due partly, he said, to lack of as good railroad facilities in the South as elsewhere, anil also to the light return traffic from the South. The witness regarded the discrimination as also of a sectional nature and detrimental to the South. He contended that the roads were afraid to make direct new rates, but that they accomplished the same end by shifting items of freight from one class to another. "In other words." he said, "by manipulation for the benefit of certain interests." The protest of the merchants is not primarily that the rates are advanced, but that the advances are made unequally and add burdens to the small dealers. Mr. Langley referred to the system of importation of freight at stations and the four points by importers employed by the roads and railroad associations, and charged that rates .ire often cut by the importers "looking the other way" in importing freight of the larger and more powerful shippers. This right to open freight consignments, the witness said, was assumed by the roads and the merchants did not object. Objection, he stated, would not result to their interests. OIL WELL ABLAZE. Mnri, Wnter nnd Stones Shootlnjr Upward Sixty Feet from the Pipe. . BEAUMONT, Tex., April 3. A disastrous fire Is in progress in the oil fields. Ileywood's well struck a heavy flow of gas tonight, and it caught lire from a torch in the hands of workmen. The flame shot in the air high above the derrick and continues to burn. The derrick was destroyed and all the machinery greatly damaged. An attempt is being made to-night to extinguish the lire. This well is IIA) feet from the Hamill well, which developed the same gas feature a few days ago. Water, mud and rock are shooting out of the pipe sixty feet high, and contact witli the flames makes a cloud of steam. Another oil well was developed here this afternoon. It is on land leased by the C. M. Guffey Company. PEACE ENVOY EXECUTED. He Koch Alleged to Hare Been Pnt to Death by Boers for Trenton. LONDON. April 4. The Bloemfonteln correspondent of the Morning Post asserts that the Boers have tried for treason and executed Mr. De Koch, the peace envoy who took the message from General SmithDorrien to Commandant General Louis Botha Feb. 1 Sailing; Delnyed by Smallpox. SAN FRANCISCO. Cal.. April 3 Owing to the discovery of a case of smallpox among the men of the Eleventh Infantry, the rtgiment will not sail for Manila on the transport Kilpatrlck. on April 5. as had been planned. Two companies of th regiment are to be detained at Argel island until danger of the spread of the disease is past. Sulelde of n Doetor. ORLANDO, Ula.. April 3.-Dr. J. V. Calver, of Washington, a winter resident, committed suicide while suffering from a mental malady. He wa? engaged In pineapple culture and was the manufacturer S of a proprietary remedy.

WOMAN IN A NEW ROLE

MUS. POTTKIl l'ALMKIt T.KltJ A II AMI I X WW II 1) POLITICS. She EiitcrtniiiM the Worker Who Put Her Son In the Clilcnuo Council Elect ion HeMultM. CHICAGO, April 3. Mrs. Potter Palmer, assisted by her sons. Aiderman-elect Honore Palmer and Potter Palmer, jr., entertained the precinct captains of the Twenty-first ward and officers and members of the Tuscurora Club at the Palmer mansion in Lake Shore drive to-night. At the door of the salon Mrs. Palmer stood between her two sons and greeted the 217 men who helped to make her boy an alderman of Chicago. The footmen at the door called the names in sentorian tones, and as each visitor passed she shook his hand and presented her sons, pronouncing the names of her guests as though she had personal acquaintance with every politician, high and low, of the Twenty-first ward. After speeches by Mayor Harrison and others refreshments were served. Chicago Council Republican. CHICAGO, April 3. The new Chicago City Council, which probably will be called upon to decide the question of the extension of the street-railway franchises and other public grants worth many millions Is Republican by a majority of ten votes. As a result of yesterday's election, the Council will be made up of thirty-nine Republicans, twenty-nine Democrats, two Independent Republicans and two Independent Democrats. This makes a total of seventy-two, or two more than are provided for by law, the tangle being caused by the recent ward redlstricting and the consequent shifting of two hold-over aldermen in the Second and Twenty-first wards. The new Council and the courts will be called upon to decide the problem. According to leaders of both parties, the Council probably will be organized on nonpartisan lines. This will be in accordance with the policy of 'Mayor Harrison and of the Municipal Voters' League, a nonpartisan organization which has been prominent in recent local campaigns. W. J. Bryan to-day congratulated Carter ' Harrison on his election. w 1 WORLD'S KAI It MAYOR. Plurality of Holln Wells at St. Louis In About Ten Thounnnd. ST. LOUIS, April 3. Returns from all but one precinct, which is still missing, show Rolla Wells, Democrat, for mayor, is elected by a plurality of about 10,000, ana the remainder of the ticket successful by about the same plurality. The Democrats also elected every candidate to the City Council. The House of Delegates stands: Democrats thirteen. Republicans, twelve and Public Ownership three, giving the last named the balance of power. Three Democrats and one Republican were elected members of the Board of Education. I'rolilbttlonlstM Still Control Kansas. TOPEKA, Kan., April 3. The municipal eltctlons in Kansas this year have been of much more than the usual interest. Mr?. Nation's crusade and the subsequent widespread revival of interest in the enforcement of prohibition combined to make the city elections the battlefields upon which, in a largo measure, would depend the ultimate fate of the prohibition law. The results of the various elections over the State yesterday serve to show that the prohibitory sentiment is still in the ascendency. Colonel J. W. E. Hughes, the Republican candidate for mayor, who was defeated yesterday by A. W. Parker, Democrat, by eleven votes, announces that he will at once institute contest proceedings. Colonel Hughes alleges frauds In the Russian vote. About 2oo Russians voted for Parker on both the Democratic and Citizens' ticket, not knowing any better, and this. IIughes'3 managers claim, will defeat Parker. Oklnhoma Results. KANSAS CITY, Mo., April 3. Specials to the Star from Oklahoma Indicate a lively interest was displayed in the elections yesterday. In Oklahoma the Republicans elected their tickets at Guthrie, Oklahoma City and Pond Creek, and the Democrats were succersful at Perry. El Reno was carried by the Democrats. DOMESTIC NEWS CONDENSED. Hugh Hernwall, a farmer, of Kellerville, 111., dropped dead, after casting his ballot Tuesday evening. He had been drinking lemon juice extract. D. B. Woodward, assistant commissioner general from the United States to the Paris exposition, sailed. from New York yesterday on the St. Louis. He goes to close up the work of the United States commission. The case of the Chicago Teacher' Federation for mandamus against the State Board of Equalization is . drawing to a close at Springfield and it is likely that Judge Thompson will render his decision to-day. Tho City Council has accepted the offer of Mr. Carnegie to donate $25.000 for a public library at Fargo, N. D. The conditions that the city raise $2,500 to maintain the library and also furnish the site will be met. A prairie fire yesterday, starting a fewmiles southeast of Virgil, S. I)., traveled north ten or twelve miles. The burned district Is two miles wide. Frank Wood lost his house, barn and his supply of hay and corn; Arthur Thompson lost a barn, and the Immense sheep sheds on the J. II. Cone ranch, four miles north of Virgil. Thousands of tons of hay were destroyed. Red Blanket, of Leech Lake, chief of the Bear Island Chippewas and principal of th-2 Chippewa tribe, accompanied bv a substitute chief, Mah-Che Gah-Bow (Man Who Moves Standing), and an interpreter, appeared before Governor Van Sant, of Minnesota, to protest against the manner in which, as Reel Blanket asserted, the Chippewas are being defrauded by timber cutters on the reservation. The Illinois House committee on appropriations yesterday reported a bill making an appropriation of $25,000 for an Illinois exhibit at the South Carolina Interstate and West Indies exposition, to be held at Charleston, S. C, next winter. The bill provides that of the amount recommended $5.0X) shall be used for an agricultural exhibit. $2,000 for a horticultural exhibit, not to exceed $5,C,Ö0 for the expenses of the commissioners and $3,0U) for buildings. The bill provides for seven commissioners and two vice presidents. Carroll D. Norton, of New York, delivered a lecture in Barnes Hall. Ithaca, Tuesday night, on Christian Science. His presence brought a petition from the physicians of Ithaca to the Cornell University authorities protesting against the lecture. Members of the University Christian Association also opposed it as a university function. Dean T. F. Crane refused to ll3ten to the complaints nnd the lecture brought out a big attendance. Cornell is said to be the first of the larger universities at which a lecture has been given on this subject. Governor Dietrich, of Nebraska, has decided to recall his veto of the appropriation for the Supreme Court commission, and the act creating nine assistants for the Supreme Court justices for a term of two years will stand. Leading lawyers of the State represented to him that the Supren e Court was seven years behind Its work and the docket constantly growing, which resulted In the revers-il of his decision. The Governor also permits the appropriation for deputy state librarian to remain, and the doors of the library, cloed and locked on Monday, were opened yesterday. Mercy Hospital, at Iron Mountain, Mirh.. better known as Emergency Hospital, closed its doors yesterday by order of Bishop Eis. and the nuns have been ordered to leave the diocese. Thia is the result of an ecclesiastical scandal wh'ch occurred last January, when Pillen Hoan, .1 novitiite In the hospital, was arrested en an insanity charge preferred by the mothtr superior. Miss Honan v;:s adjudged sane by the Probate Court. The moth-r superior also charged her with theft. After being released from custody by order of Judge Bergeron. Miss Hogan made severe charges against the mother superior, one of which wis drunkenness. An investigation by Bishop Eis resulted In the order to close the institution. The Tristate Medical Society, embracing doctors from Iowa, Illinois and Missouri, meetii g at Keokuk, yesterday, appointed a committee to try to get the next legislatures of the States to pass laws reffulatlns

marriages of degenerates anel criminal.-. The resolutions assert that there has been a well-recognized increase in the number cf insane people and other forms of derfnerates, and that a large proportion of these are tne direct progeny of those who themselves were physical and mental rerverts. Therefore it is recommended that the several legislatures enact laws preventing the marriage of well-re cognized mental and physical degenerates, and that committees be appointed in each of these States represented in the society to carry this into effect.

THE DELPIT MARRIAGE. llentitrknMe Cane in the Church nnd Civil Co 11 r tu of Cannda. Hartford Courant. In the spring of Rev. William S. Barnes was the pastor of a Unitarian society in Montreal. As such he was empowered by Article O of the Civil Code of the province of Quebec to solemnize marriage. May 2. that year, he solemnized the marriage of Edouard Dclplt and Marie Berthe Aurore Jeanne Cote. There are several Dclplt children now. May 17. last year, their father petitioned the ecclesiastical authority of the archdiocese of Quebec (wherein he then resided and still resides) to declare his marriage with their mother null and void. That was the beginning of a very curious, interesting and important litigation that has already stirred up much ugly feeling and that may yet develop grave sequels. Put into plain English. Delpit's case is that the marriage of May 2, 1SH3, was no marriage at all, no Protestant minister being able validly to unite in wedlock a man and woman who are Roman Catholics. He represented to the ecclesiastical court that he and Miss Cote had been born and baptized in that faith, and that neither of them hau at any time prior to May 2, lsKl, formally and legally renounced it. This was equally true, he said, of Miss Cote's fathera point of importance, in view of the fact that at the time she became (as she supposed) Dame Delpit she was a girl of sixteen, just out of school. Delpit at that time was a prosperous young business man of twenty-four. She denies that either of them wns a Roman Catholic in the May of 'V-i. She was of no religion, she says, and Delpit was an avowed and blasphemous free thinker. Such he remained during the whole cf their married life. "I have never known him to fulfill any of the duties required by the Catholic Church." she says. She assert. further, that he began to maltreat her in tne second month of their marriage; that he insulted her, slapped her face when others were present; during the last six months of her life In Quebec wouldn't speak to her and finally sent her to family in Montreal with barely money enough to buy her railroad ticket. Two or three days later her mother-in-law appeared in Montreal, told her that Delpit was going to have the marriage annulled, and told her further tliat if she made no trouble by opposing his petition he would provide for her future maintenance. She rejected this bribe with indignation. She does not know where the three children are; she thinks they have been sent to France. "They left Canada In October last," she says, "and I, their mother, abandoned penniless in Montreal, have not even the privilege of seeing my d?ar little ones, estranged from me by the treacherous action of their father." The ecclesiastical court took Jurisdiction of the subject matter without delay or scruple. In its eyes, and in the eyes of all the Roman Catholic clergy of the province, the church's powers in such cases are incontestible. The court found that Delprlt had been negligent in the performance of his religious duties, but had not become a member of any Protestant sect and had not declared at any time that he was not a Roman Catholic. With regard to Miss Cote, the court found that she had "rather abstained from the practice of "her religion than renounced it on account of her then but slightly developed Intelligence, her yet tender age, the condemnable spiritualistic practices in which she indulged, and the lnlluence of her mother whose brain at that time, in the estimation of the family, was tired and overexcited by spiritualist practices." From these findings of fact tli3 judgment of annulment followed, in ecclesiastical logic, as a matter of necessity. 1 he Council of Trent, in its "Tametsl" de cree, pronounced marriages between Roman catholics, solemnized by anybody else than their parish priest or his representative, after due publication of the bans, clandestine and void. Louis XIV promulgated that decree in France and Canada. In the view of the church it is in full force and effect there to-oiy. By the treaty of Versailles (I7t) and the Quebec act (1774) the French Canadians Were guaranteed the free enjoyment of their language, laws and religion. "I pronounce and declare." said Vicar General Marois, of Quebec, "the marriage null and invalid on the ground of clandestinely." The Judgment was reviewed and affirmed by the ecclesiastical Jurists of ths Propaganda at Rome. Thereupon the archbishop of Quebec orilcially declared Edouard Delpit and Marie Berthe Aurore Jeanne Cote free to marry again. In February of this year Delpit applied to the Superior Court at Montreal to give civil effect to the ecclesiastical decree of annulment. The case was very ably argued, Taillefer and Lalleur appearing for Delpit and Blsaillon and Lamothe. K. C, for Mrs. Delpit. Last Saturday Judge Archibald gave judgment in the case. He dismisses Delpit's action. He declares the marriage of May 2, 1833, valid Vicar General Marois and the Propaganda notwithstanding. "Under the common law of England," says h's Honor, "there can be no doubt that a marriage celebrated by any minister In hoiy orders of any elenomination is recognized as valid." It must be so recognized in Canada, he says. Nothing is more unlikely than that the Roman Catholic hierarchy, thus overruled and lectureei, will accept Judge Archibald's judgment as final. Everybody in Canada takes it for granted that the litigation will be taken to the steps of the throne the judicial committee of the Privy Council. If Judge Archibald's decision is sustained there or, for that matter, if it is reversed look out for events of interest in the predominantly French and Roman Catholic province of Quebec. MARINE AND NAVAL NOTES. The French minister of marine, M. De Lanessen, his ordereel the construction of twenty additional submarine boats. The Russian cruiser Varia g, in Hampton Roads, had a trying time during a gale Tuesday night, but outrode the storm. A ccal barge alongside the cruiser foundered and sank. The United States Naval Board of Construction yesterelay made plans for bringing home the Brutus, which has been stationeel at Guam, and her overhauling for use hereafter as a naval coilier. The steamer Empress of Japan, which arrived at Victoria. B. C, Tuesday, had the most valuable consignment of silk ever brought In one steamer from a China port, she having loaded 1,0!0 cases, valued at over 1M),0X) tads, at Shanghai. A bill to incorporate the St. Lawreree Lloyds, to de ocean marine insurance, wilh a preposed capital of $5,0).ih0, passed the banking and commerce committee at Ottawa, Ont., yesterday. The clause permitting the company to receive government bonuses was stricken out. The Allan line steamer Buencs Ayrlan, which passe-d Tory island, on the north coast of Ireland, yesterday morning, signaled that she'was short of coal, but that the ship was all right. The Buenos Ayrian sailed from Philadelphia March 11 for Glasgow, and some apprehension haJ been felt regarding her safety. Neither the big White Star liner Oceanic, from New York, nor the American liner Waesland, from Philadelphia, was able to communicate with shore when they arrived off Queenstown yesterday. Owing to the pale which prevailed they were compelled to proceed on their way to Liverpool without landing any mail or passengers. Rear Admiral Bartlett J. Cromwell, who gees to relieve Rear Admiral Schley ns commander of the South Atlantic squadron, has sailed for Europe on the steamer St. Louis. He was accompanied by Lieutenant Jay H. Sypher. his flag e.fTlcer. On th- arrival of the St. Louis at Southampton they will sail on a Royal Mail steamship to Montevideo, where the squadron now is. The Alaska Steamship Association decided upon summer rates between Paget sound points and Ska g way. as follows: First class. $25; second class. $lfi. The through rate from Puget sound points to Dawson was not definitely settled, but it was generally oor.ccded that the following figures wold 1 probably l e adopted: First class. $105; firm cIjss continuous trip. $1'; second rl.'ts, Jv'l. The new Chicago transatlantic steamship Northwestern will sail on its first trip from Chicago to Hamburg. Germany, on April 21. A cargo of agricultural implements and miscellaneous freight will be cerrled on the first trip. It irf expected the entire voyage down the likes, the St. Lawrence and across the Atlantic will take only twentytwo days. The boat and Its sister ship will make regul ir trips to Hamburg after April 21. An order issued from the Navy Department yesterday assigns the Scorpion in-

PIMPLES and BLACKHEADS

YOUNG MEN-YOUNG WOMEN GET CURED FOREYER By DR. TOMSON w-. wrt The Skin Disease Specialist LUnhat the Great Dr. Tomsou fl L Medical Institute in the Stev vepson Building makes & Special Offer to all who call at th- oftlc before April 7. He will pive a Two Weeks FREE Trill Treatment Lesnon to teach t the young folks of Indianapolis how hi New Treatment Cures Moles. Pimples. Blackheads, Warts, Birthmarks and Superfluous Hair. YOU, with that horrid complexion, that face that causes side glance from bystanelers take courage; come to th Tomson Medice 1 Institute, take two week tree trial treatment, and b cured. Remember, the offer is given only to those who call during the coming: Ave days beforo April 7. TOMSON MEDICAL INSTITUTE Permanently Located Third Floor Stevenson Building. HOt:RÖ-8:30 a. m. to 6:33 jX m. : Sunrtav Mornlnp. 9 a. m. to 1 p. m. Workinp People Will Find Time to Call Wednesday and Saturday Evenings 021c Open Until 9 p. m. Knight & Jillson Co., Manufacturers and Jobbers, WROUGHT IRON Pipe Fittlm Boiler Tubes, Mill Supplies, Plumbers Supplies, Pumps and Well Alaterials. Indianapolis, Ind. iWtüiis Mian stead of the Bancroft to the duty of representing the navy at the Confederate Veterans reunion at Memphis, Tenn., May 25. The Bancroft is poins to Hampton Boads from Key West to be put out of commission about May 15. The withdrawal of tha Seorpion from Venezuelan waters will 'leave the United Htats government without a varship in that part of South America. When the Scorpion takes Minister Loomia to San Juan she is not likely to return to Venezuela, but probably will come directly northward. Movement of Simmers. LIVERPOOL, April 3. Arrived: Lake Champlain. from St. John, N. B.. and Halifax; Sylvanla, from Boston; Qceanlc, from New York. NEW YORK. April 3 Sailed: St. Louis, for Southampton; Teutonic, for Livcrpeol; Frlcsland, for Antwerp. SOUTH AM ITON, April 3. rrtved: Lahn, from New York, for Bremen, and proceeded. BOSTON, April 3. Sailed: Devonian, for Liverpool. SlrnnKC Story. Hawcsville (Ky.) Hain Dealer. W. H. Williams, of the water works, tells a strange fish story concerning the reservoir. One day recently there was a coat of Irs over the pond and the pumps were started. After a time he noticed that the machinery was not working smoothly and began an investigation. In the valves he found several species of hsh and a number of water dogs. These were removed and he then examined the pond. To his surprise there were dozens of dead fish lying immediately under the Ice. These fish had been in the pond for months, but when the pumps failed to work a great deal of air was pumped Into the pond, and, being unable to escape on account of the ice, killed the fish. It is strange thfit a man can be pumped full of air, especially hot air, and live over it. It never did take much to kill a fish, nohow. AVhnt Happened to n Buffalo. Hardeman (Tenn.) Free Press. The way that trouble happened down to Memphis was this: A feller" ast us if we was a buffalo: and we ast him If he was seventeen different kinds of Jickasse. That brought on more talk, .nnd so we smote him on the Jawbone and the police done the rest. We ain't got no wpolegles to make, an we don't propose to be insulted by nobodv. When your uncle goe to town the smart Klecks had better put on their baseball masks or quit monkeying with the Ftranger within the gates. " A. A. (lenii Ulnw. WICHITA. Kan.. April 3. Archibald A. Olenn. who was re-eh'Cted city treasurer here yesterday by a unanimous vote. In compliment to his age, is dying to-night. He is eighty-two years of nKe, and at on t.m during the war was acting Governor of Illinois, being president of the State Senate. He was a lifelong Democrat. HELPS OVER THE HILL Hut LotN of llrnln Work! lie (irnjie-Nuf. "I find (Irape-Nuts very helpful to a man troubled with the cares and worrlment of business," says Ituis Fink, Jr., of South Fourth street, Philadelphia. "At tne time I commenced using the food I was very weak from want of properly selected food. "The help I received from the powerful food elements in Grape-Nuts was indeed wonderful. "I have ome to use the f od .regularly, nnd do not think a breakfast vumruete without it." There's a reason why this food gives one the feeling of new vitality and vigor. Actual use proves the preposition.

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