Indianapolis Journal, Volume 54, Number 92, Indianapolis, Marion County, 1 April 1904 — Page 2

THE INDIANAPOLIS JOURNAL, FRIDAY, APRIL 1, 1C01.

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BRYAH LOSES CONTEST OVER SEALED LETTER Ii THE BENNETT VILL GASE Jury Returns Finding Excluding Codicil as Evidence in the Superior Court. WILL MAKE AN APPEAL

Nebraskan's Attorneys Will Carry the Case to the Highest Tribunal. CASE STRICKEN OFF LIST Judge Gager Will Not Hear the Appeal Made by Mrs. Bennett's Attorneys. NEW HAVEN, Conn., March 31. A finding; that a sealed letter. In which Philo S. Bennett expressed a wish hat ,yiü should be given to William Jennings Bryan and his family, was not a part of the last will of Mr. Bennett was returned by the jury to-day in the Superior Court in the trial of Mr. Bryan's appealing decision of the Probate Court. This finding, which upholds the decision of the Probate Court, was given In accordance with instructions to the jury from judge Gager, who presided at the Superior Court trial. Judge Gager's ruling on a question which never before came directly before the court3 of Connecticut, decided that the sealed Ittter could not be admitted as evidence in the triaL The decision followed arguments which had occupied most of the two preceding days of the session regarding the admissibility of. this letter as evidence, counsel for Mr. Bryan contending that It should be admitted, while tho attorneys for Mrs. Grace Imogene Bennett, the widow, and other heirs, presented opposing arguments. As Mr. Bryan's appeal was based on the exclusion of this letter as a part of the will in the Probate Court, the decision of Judge Gager could not be admitted as evidence, practically concluded the proceedings in the Superior Court, and the jury was accordingly directed to bring in a verdict against Mr. Bryan. An appeal ill be taken to the Supreme Court by Mr. Bryan's counsel on the ground that the letter should be admitted as a part of an established trust. Judf.e Gager said the letter was not positive m character and therefore came within the statute governing wills which demands that every codicil or testamentary must be attested by three witnesses. He holds that the admission of tho sealed letter would override that statute. The court said there was nothing descriptive in the will except this phrase, "The sealed letter which will be found with my will." Therefore there is nothing whatever to identify the scaled letter as that referred to in Section 12 of the will, no earmarks to show that this was the letter the testator had in mind. Immediately after the decision was announced Attorney Newton, for Mr. Bryan, asked for an exception to the ruling. Judge Stoddard, counsel for Mrs. Bennett, suggested that the court give a ruling on all questions at once, as he thought It would be for the best for the litigants to get rulings on all points that could be ruled on before the case would go up to the Su- , preme Court. Judge Gager then declared a recess. BRYAN QN THE STAND. 'hen the recess ended Mr. Bryan was called to the stand by Attorney Newton. Mr. Newton said that to make the ruling of the court clear he wished to offer in evidence exhibits B (the sealed letter) and C (copy of the sealed letter) for identification taken together, and in connection with these evidence tending to prove that neither of the exhibits was oWained by fraud or mistake or by undue influences; that it was the original desire of the testator that the bequest of $.-,0,000 should be made directly In the will; that it was at the suggestion and request of Mr. Bryan that the gift was made conditional and that It was for that reason that exhibit B and exhibit C were made in the form that they were. Attorney Newton asked Mr. Bryan, "What was said to you by Mr. Bennett with regard to the bequest of at the time of the drawing of the will?" Question excluded. Mr. Newton When did Mr. Bennett first speak to you, if at nil, about the will? Objection by Mr. Stoddard and the question was excluded. Attorney Newton attempted to ask several questions concerning the "sealed letter," to all of which Mr. Stoddard objected. Judge Gager ruled them out one after another. RULING OF THE COURT. Judge Gager said when Attorney Newton tsked for a specific ruling: The ruling having been made and the pealed letter having been excluded. I am a little at loss on the reasons of the appeal as they stand to see what appeal is open." It was supposed that Judge Gager's remark bad reference to the intention of Mr. Bryan's counsel to appeal to the Supreme Court, though no formal notice of this intention had been given. Attorney Newton attempted to ask another question cf the court, when Judge Gaeer said: "This is a court of law. I am not here to be interrogated." Mr. Bryan left the stand and conferred with Mr. Newton. "Isn't this a most extraordinary proceeding " Judge Stoddurd started to say. "I don't think I need to hear you, Mr. Stoddard." said the judge, who, addressing himself to Mr. Newton, said that the ruling of the court had decided the inadmissibility of the sealed letter and that all questions concerning it were Irrelevant and immaterial. Alfred T. Sloan, Mr; Bennett's partner, was called to the stand. Mr. Newton asked him : "I Inquire of you now whether Exhibit A (the will) or Exhibit B (for identification) were, on May 22 or May 23, llK. in your box or any box of yours?" Mr. Stoddard objected and the court ruled our the question. Mr. Newton announced that he was through. Mr. Stoddard then suggested that there be a consultation of counsel, and the judge declared a fifteen-minutes' recess, during which he and the lawyers consulted in his room. A few minutes later Mr. Bryan was called In. When the court reconvened Judge Gager Instructed the Jury to retire and bring in a verdict in accordance with his decision. As con as the Jury had retired Mr. Newton stated that his side would like to have the Bennett appeal case tried immediately after this case. Mr. Stoddard said the decision of the Supreme Court regarding the admission of the "sealed letter" as part of the will would weaken or strengthen his case in the Bennett appeal according as it admitted or excluded the "sealed letter" as part of the will. lie therefore asked that the Bennett appeal case be postponed until after the decision of the Supreme Court. Mr- Stoddard said that undue inrlnence la alleged in the Bennett appeal and if the 'sealed letter" Is excluded from the will he might advise the withdrawal of the Uennett appeal. Mr. Bryan here said that hg would not insist upon this trial but that his side was prepared, and ar.v delay would not b through his fault. He continued: "This is the only ease in which I feel a personal interest. I say now, as I said in the court below, that no money will bo used personally by me without the consent of Sirs. Bennett." Mr. Stoddard said that when Mr. Bryan ws asked in the lower eoirrt to put a similar statement in writing he Faid he would do so. but that he has not done it. Mr. Bryan replied that he would like to refresh Judge Stoddard's memory. He reminded his upionent that he could only promise at that time 13.() would not be touched until he had returned home. After consulting Mrs. Bry:ui he returned and could say the same In regard to' the other T.0"0. "I am willing to give bond." he went on. "that no memUr of my family will receive one cent of the $.", m without the consent of Mrs. P.-nn.tt." Judge Gager then ordered the Bennett appeal stricken off the trial list. At this point the Jury returned with a verdict excluding the "sealed letter" and the typewritten copy of the name as viJ-iice as u part of the will. The court then adjourned.

JAPANESE LOST NO SAILORS III LATEST II AVAL FEAT Men on Transports Escaped in Second Attempt to Bottle Up Port Arthur.

PLAN NOT ABANDONED LONDON, April 1. A correspondent of the Times at sea, in a wireless telegram via Wti-IIai-Wti, describing the latest attempt of the Japanese to "bottle up" Port Arthur, says: "After the bombardment of March 22 Vice Admiral Togo waited until better weather before reattempting to 'bottle up Port Arthur. The officers who conducted the first attempt insisted on the right to complete their work. The admiral consented and the came officers were chosen, but the crews and stokers were selected from new volunteers. "The moon disappeared at' midnight and the sea was like glass when the desperate enterprise was begun. When within two miles of the goal the frenzied motions of a searchlight showed that suspicion had been awakened and suddenly a solitary gun announced that .the Japanese had been discovered. The Russians sprang to the guns of the batteries and In three minutes the Japanese craft were inclosed in a semicircle of gun flashes. The sea was churned to a turmoil by falling shells, but there was no hesitation. The torpedo boats opened out and the transports, with men standing at the lifeboat stations, steered directly into the inferno. There was then oniy a mile to traverse and the safety fuses were ready. "It was just 3:30 in the morning when the steamer Chiyo, with a searchlight beating upon her and she a target for a hundred guns, led toward the east side of the entrance. The fuses were set and the crew pushed off just in time, it was a moment of suspense. The charge exploded, sinking her one hundred yards from the cast side of the entrance (Golden hill.) "The Kukui next parsed on the port side of the Chiyo and dropped anchor. Just as the officers and crew pushed clear there was a dull explosion. She had been struck and sunk in the exact place which the Japanese desired by a torpedo from within the harbcr. 'fc'o close were the defending destroyers that the Yeneyama was fouled by a Russian destroyer and her crew scorched by the ilame of the discharge from a Russian sixpounder. "It was a horrible melee, but the Japanese kept their presence of mind throughout and their steadiness was shown by the fact that before she had been fouled ty the destroyer the Yeneyama passed to starboard of the Chiyo and then between her and the Fukul and reached the center of the channel, where she was hit by a torpedo, wnlch sank her on the west side of the channel, her bow pointing toward short. Not a man of the transport's crew was drowned. "The enterprise failed to block the channel because there were only four transports. It is probable, however, that the channel has been rendered impracticable for the large battleships and it is certain that the Japanese will not rest until the channel has been closed. "The maneuver was covered by a torpedo division which, running in close, endeavored to draw the fire of the land batteries from the main enterprise. This division remained in action until all the crews were rescued and Just before daybreak was engaging a Russian destroyer, which remained at the entrance line firing torpedoes during the night. The scream of escaping steam proclaimed that the Russian boat had been damaged In her vitals. "At daybreak the flotilla drew off under cover of the fleet, which was waiting ten miles outside." , In conclusion the correspondent describes the bravery and death of Commander Hirose, who had recently been promoted for sinking the Tokohu furthest up the entrance to Tort Arthur on Feb. 24, and of whom he says the Japanese are justly proud. I FAIR AND COLDER; NORTHWEST WINDS WASHINGTON, March 31. Forecast for Friday and Saturday: Indiana Fair and colder on Friday. Saturday fair; colder in south portion; fresh northwest winds. Ohio Showers and thunderstorms and colder on Friday. Saturday fair, except rain on northwest lake shore; colder In the east and south portions; brisk northwest winds. Kentucky Clearing nnd colder on Friday. Saturday fair and colder. Illinois Fair and colder on Friday, preceded by showers. Saturday fair; brisk northwest winds. Wisconsin Fair on Friday, preceded by rain In southeast portion; colder in south portion. Saturday.f air; fresh to brisk northwest winds. " Kansas, Nebraska, North Dakota and South Dakota Fair on Friday and Saturday; warmer Saturday. Iowa Fair on Friday and Saturday; warmer in west portion Saturday. Minnesota Fair on Friday; colder in south portion. Saturday fair; fresh northwest winds. Lower Michigan Rain on Friday. Saturday fair; fresh east winds, becoming northwesterly. Local Observation on Thamdny. Rar. Ther. IUI. Wind. W'thcr. Pre. 7 a. m.. 29.80 60 97 South. Cloudy. 0.00 7 p. m.. 29.78 ( . 70 79 S' west. Lt. rain. 0.01 Maximum temperature, 72; minimum temperature, 4S. Comparative statement of mean temperature and total precipitation on March 31: Temp. Pre. Normal 47 0.12 Mean and total GO 0.01 Departure for day 13 0.11 Departure for month 31 7.36 Departure since Jan. 1 3u9 7.2S Plus. W. T. BLYTHE. Section Director. Yesterday Temperatures. Stations. 7 a. ra. Max. 7 p. m. Abilene. Tex 66 82 73 Amarillo. Tex 44 64 56 Atlanta, Ga 54 76 72 Bismarck. N. D S4 40 24 Buffalo, N. Y 40 4S 6 Cairo, 111 . 62 74 72 Calgary, Alberta 12 40 40 Chattanooga. Tenn. .... 5$ 74 70 Cheyenne. Wyo 2S 33 26 Chicago, III. : 3S 6 50 Cincinnati, 0 41 72 6S Cleveland. 0 42 70 64 Columbus. 0 45 70 66 Concordia, Kan 42 43 4S Davenport, la 42 54 48 Denver, Col 32 SS 38 Dodge City, Kan 41 54 4$ Dubuque. Ia 3S 50 . 46 Duluth. Minn 30 32 32 El Paso. Tex 44 70 66 Galveston, Tex CS 74 70 Grand Junction, Col.... 32 42 40 Grand Rapids, Mich.... 42 52 4S Havre. Mont. 28 42 40 Huron, S. D 33 4o 42 Helena, Mont 28 42 42 Jacksonville, Fla 62 78 70 Kansas City, Mo 46 50 . 43 Lander. Wyo 26 34 34 Little Kock. Ark $q 61 Iioulsville, Ky 62 78 72 Marquette. Mich 32 36 36 Memphis, Tenn 68 73 71 Modena. Ftah 26 4) 3S Montgomery, Ala 53 82 76 Nashville, Tenn 66 76 74 New Orleans, La 61 SO 74 New, York, N. Y 36 42 SS Norfolk. Va 44 68 62 North Platte. N.eb 38 5S e Oklahoma. O. T 66 56 74 Omaha, Neb 4) 4 4S Palestine, -Tex 70 &2 '.6 Parkersburg, W. Va IS 68 C6 Philadelphia. Pa 33 43 42 Pittsburg. Pa 41 68 64 Pueblo. Col 38 46 41 Qu Appelle, Assin 32 S2 3) Rapid City, S. D 31 46 40 St. Louis, Mo 58 73 62 St. Paul, Minn 36 42 42 Halt I-ake City. Utah.... 28 40 38 Fan Antonio, Tex 72 92 M Santa Fe, N. M 30 43 4! Shreveport. La 68 M 7 Springfield. 111.... 43 72 61 Springfield. Mo 53 73 74 Valentine. Neb 34 48 46 Washington, D. C 40 52 48 Wichita, Kan 4S 43 50 If you enjoy muffins and waffles, try Mrs. Austin's Paucake Hour, and you will be deHo'Utd witn tne res una.

Many Japanese Slain in AlmostContinuous Clash with Russians

CONCLUDED FROM FIRST PAGE.) terir.g the port to engage the Variag a ad Korietz. and later, after the fight, when the Vicksburg sent a surgeon his services were refused. The tone of the correspondent is very bitter. He adds that he saw the American denials of the incident when he arrived at Port Said, but that they are not convincing. He continues: "I saw the report of one of the captains to his government, in which the action of the American captain was "set forth clearly and categorically In its true colors." In official circles the actions of some of the newspapers here in attempting to revive hostile feeling against the United States on account of the Vicksburg incident 1? sincerely deprecated. The Associated Press is authorized to announce that the government has nothing to criticise in the action of Commander Marshall. Moreover, it does not sympathize with the Novoe Vremya's editorial of yesterday pointing to the United States as the real commercial and political foe of Great Britain and Russia. RUSSIANS POURING INTO MANCHURIA PARIS, April 1. The Matin's correspondent at Harbin says the troops are arriving continuously, each day seeing 4,000 descend toward Harbin and further south in Manchuria by road and rail. The correspondent says that more Sothias of Cossacks are expected. A St. Petersburg correspondent of the Echo de Paris says that thelwife of one of General Kuropatkin's orderly officers has reecived a telegram from her husband saying that the general staff does not believe there will be any great battle before September. Russian troops in Manchuria, including Port Arthur and Vladivostok, now number 245100 nnd the total may be 300,000 by the end of April and 500.000 by September, when, if the Japanese have not crossed the Yalu, General Kuropatkin will advance to drive them out of Korea. The only fear in high quarters, according to the writer, is the inability of China to restrain the mass of her troops or to prevent troops landing in a Chinese port in event of Japanese successes, however ephemeral. General Kuropatkin . has telegraphed to General Mishtchenko to avoid any engagements in which the security of the Russian side would be uncertain. RUSSIAN ACCOUNT OP THE CHEMULPO FIGHT ODESSA, March 31. The Russian steamer Malaya has been quarantined at Constantinople. Consequently the survivors of the Variag and Korietz, who are on board that vessel, will not arrive here until tomorrow. A letter from Chemulpo is printed here to-day describing the fight. It contains the following regarding the rescue of the crews of the Variag nnd Korietz: "Before destroying their ships the Russians signaled to the foreign warships to take the crews and wounded on board, which they readily agreed to. All the ships sent boats to the Variag and Korietz to transport the crews excepting the American cruiser Vicksburg. Although she did send a surgeon to dress the wounded she did not take one member of the crews on board, explaining that no pet mission to do so had been received from the American government." RUSSIANS KILL A KOREAN PREFECT SEOUL, March 31. It Is reported that the Russians, on March 27, killed the prefect of Pak-Chon for not following their instructions. The Russians are also said to have dispersed the Korean garrison of Wiju after divesting the soldiers of their uniforms. Detailed reports received here of the engagement of, March 23 between Russians and Japanese at Cheng-Ju, Korea, says the fighting lasted two hours, at the end of which the Japanese forced the Russians to retire toward Wiju. Two Russians, dead, were left on the field, while other bodies were carried off with the column. A Japanese lieutenant named Kno, and four privates, were killed, while Captain Kurokawa and eleven privates were wounded. j PLENTY OF SUPPLIES STORED IN MANCHURIA ST. PETERSBURG, March 31. The chief of the commissariat department, Rostkovsky, says that not a pound of meat or bread is being sent to Manchuria, as the cattle and grain available there are more than sufficient for the demand. Enormous herds and stores of flour are being concentrated at Harbin. About 5.000 boxes of tinned meats will be kept at Irkutsk for the outgoing troops and railroad men. All the tinned meats are being put up In St. Petersburg and at Riga, according to a German process by which the contents can be served hot, without the use of fire, the tin being placed in another filled with water and having a false bottom containing a carbide AMERICAN WAR CHARITYIS ORGAN IZED AT TOKIO Perry Memorial Relief Fund Is Started with Subscriptions of $37oocBISHOP M'KIM'S SPEECH TOKIO. March 31. At a meeting of Americans and Japanese held here to-day in commemoration of the fiftieth anniversary of the signing of the Perry treaty between Japan and the United States an American war charity called the Perry Memorial Relief Fund was organized with much enthusiasm. The sum of $37,500 was subscribed at once, and it was decided to organize committees in all the larger cities of the United States. The fund will be turned over to a minister of the Imperial household, and it, will be disbursed under the direction of the Emperor of Japan, particularly to aid the destitute families of soldiers and sailors. Count Okuma, at one time Japanese premier, made the priclpal address at the commemorating exercises. He said that as the Japanese became more familiar with the people of the United States they could not but admire them fcr their love of justice and humanity, which were such prominent national traits. Bishop McKlm, of the American Episcopal mission, suggested the organization of the charity. He said the memorial to Perry would be graven not on a pillar of stone, but on the hearts of the two great peoples. Charity is beyond the pale of politics, the speaker continued, and this movement has no significance except as an appeal to those broad humanitarian sympathies which make universal brotherhood over all the earth. Bishop McKim's proposal was at once approved and acted upon. The .American Asiatic Society headed the subscription list with Jä.OOO. Baron lwasakl and Baron Mitsui also gave $5.0"0 each. .Prince Shimazu. head of the Satsuma Clan, and Prince Mori, head of the Choshu Clan, subscribed 2.W) each. J. W. Coppman and I). C. Blake gave $1.h each and Count Inouye. Count Matsugata. Count Okuma and United States Minister Griscom subscribed $500 each. Count Matsugata proposed cheers for the President of the United States and Mr. Griscom replied by calling for cheers for the Emperor of Japan. There were demonstrations of satisfaction when the total of the subscription was announced, and the meeting was brought to a close with the sinuing of the national anthems of tho United States and Japan.

mixture, which is forced into the water when it is desired to do so, and brings the contents of the inner can to a boiling point.

MUST SHOW COLORS OR BE SUNK BY RUSSIANS WASHINGTON'. March 31. Count Cassini, the Russian ambassador, to-day addressed the following communication to Secretary Hay: "By order of my government I have to inform, your Excellency that the following announcement has just been made by the commander-in-chief of the Russian fleet in the Pacific ocean: Any public or private vessel navigating in waters in which military operations are carried on and detected at night without stopping, and which, after warning by the firing of a gun, will not show its colors, will be considered an enemy and sunk." MAKAROPF GIVES 'ALL CREDIT TO KRINIZEKI SEBASTOPOL, March 31. Responding to a dispatch from the- commander of the Black sea fleet congratulating him on the repulse of the last attempt of the Japanese to block Port Arthur, Vice Admiral Makaroff has telegraphed that the chief credit for the achievement is due to Lieutenant Krinlzekl. who commanded the torpedo boat destroyer Silni. "A man who knows his business. Through his skill in discharging the torpedo, the missile struck the prow- of the first ship, deflecting the vessel from its course and the other Japanese steamers followed in its wake." PORT ARTHUR NOW IN A STATE OF SIEGE PORT ARTHUR, March 31. The procla mation of Lieutenant General Stoesscl, commanding here, declaring all the territory lying between and including Port Arthur and Tsi-Chou in a state of siege, forbids all unauthorized persons to approach tho fortifications and batteries and announces that the sentries have been ordered to shoot anyone who fails to obey the order. The police measures adopted at Port Arthur are excellent and perfect order is maintained. MORE "BOTTLING UF STEAMERS FOR TOGO NEW YORK, March 31. Twenty-eight old and useless steamers have been requisitioned, stripped of all machinery but that necessary to navigation, and are held in readiness for Vice Admiral Togo's orders, says a dispatch to the World from Nagasaki,, by way of Shanghai. The Japanese are determined, it would appear, to block Port Arthur channel, and six vessels will be sent at a time to join the fleet. RUSSIANS FEAR 3,000 REINDEER WILL BE LOST VLADIVOSTOK, March 21.-Concern is felt here lest the herd of 3,000 reindeer, the last specimens of that animal now on Askold Island, which is in range of the Japanese guns, shall bo destroyed. The herd is valued at half a million dollars. The horns of the animals are very valuable. Thoy are used by the Chinese as medicine. Korea Asked to Pay 5jUoO,000. NEW YORK, March 31. The Korean Foreign Office has been presented with a claim, says a Herald dispatch from Seoul, for $450.000 by the French charge d'affaires here in payment for materials ordered from France for use on the Seoul-Wiju railroad, which concession Japan procured from the Korean government soon after signing the recent alliance protocol. General Allen Requested to Itetnrn. LONDON, April 1. The Seoul correspondent of the Dally Mall says that the military authorities have requested Brig. Gen. Henry T. Allen, United States military observer with the Japanese army, to return to Seoul from Ping-Yang until they are able to provide him with fitting accommodations. Japanese Cruiser Sails. SHANGHAI, March 31. The Japanese cruiser Akitsushima left here at noon today, the dismantlement of the Russian gunboat Mandjur, which was in these waters when the war broke out and which remained here, having been completed in accordance with the agreement arrived at on the subject by the local authorities. IluMsIan Court's Plans. PARIS, April 1. A correspondent of the Echo de Taris at St. Petersburg cables: "I am authorized to say that the court will go to Tsarskoye Selo on Saturday, remaining there until the summer, when it will remove to the palace at Peterhoff." HISTORIC HARPS AT A BIG SALE III E Stuart and Jacobite Relics of Great Interest and Value Put on the Block. HIGH PRICES OBTAINED LONDON, March 26. There was dispersed by auction In Edinburgh last week a family collection of Stuart and Jacobite relics of great historic interest and value. The early death of Mr.J. N. DurrantSteuart, the twelfth and last laird of Dalguise, in Perthshire, brought this unique collection to the hammer. Interest centered mainly on two ancient harp?, one known' as .Queen Mary's harp, and the other as the Lamont or Caledonian harp. For the last twenty vears they have reposed at the National Museum cf Antlquitles. and are well known to Scottish antiquaries. The story of Queen Mary's harp is that during the hunting trip into the Highlands of Perthshire, in the year 13C3, she offered her own harp as a prize in a bardic competition. It was awarded to Miss Beatrix Gurdyn, of Banchory. It closely resembles the famous harp of Brian Boru. and a century ago it was stringed and found to possess a sweet and delicate tone. Competition for it was very keen. Mr Theodore Napier, the well-known Jacobite enthusiast, remained in the bidding until S40 was reached, and hnallv, at 832 10. it was secured by the nuthorities of the Edinburgh Antiquarian Museum. The Lamont harp, which dates from the eleventh or twelfth century, was sold at 525. A lock of hair from Prince Charles's head and another from that of his wife. Princess Louise ot Stohlber, went for .13 12p. A sword which he had worn was sold for 7S Highland dirks went at from 11 to 13 each, an Andrea Ferrara sword at 25. and two genuine old Highland targets at 5$ 16s and G0 ISs. Pi AN TO . FIG II T FIRE WITH SALT WATER NEW YORK. March 31. Nearly five and one-half million dollars were set apart by the board of estimates to-day to be expended In installing an auxiliary system of salt water mains to be used in connection with lire fighting in the boroughs of Manhattan and Brooklyn. The money will bo expended along tho lines sug-gested in the report of a special commission of engineers, which recommends that the valves and hydrants of thv system be constructed for both salt nnd fresh water In order that the two systtas may be used together na well us separately

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WORK OF RESCUE GOES Oil, MILE THE WATERS CÖHTIHUE TO ADVANCE

CONCLUDED FROM FIRST PAGE.) heavy rains this morning did damage along tributaries, washing out bridges and fences. The flood passed the 1837 stage, and If the river begins a second rise to-night the 1Si stage will be reached. EAST MARION AGAIN IS BEING FLOODED MARION, Ind., March SI. At midnight to-night the Mlssissinewa river reached with destroying hands over the broken levee in East Marion, or "Johnstown," and once more the residents of that locality were forced to. hurry forth, bearing chattels through the gloom and rain to places of safety. If the-rise continues Johnstown will again be entirely deserted to-morrow. This is. the section oX Marion submerged last week under ten feet of water. The damaged dike will not serve to protect the people as it formerly did. and the steady downpour of rain during the last two days has given the river such a volume that new discomfort and new danger and devastation face the dwellers in this section. There will be no repetition of the sudden plunge of the torrent Into the lowplaces; there will be no repetition of the terror that marked the former surge of the menacing waters, when residents fled for their lives on short notice, but the loss and inconvenience are being repeated. BAD WASHOUTS OCCUR BELOW WASHINGTON Special to the Indianapolis Journal. WASHINGTON. Ind., March 21. The Evansville & Indianapolis Railroad, which has been running trains erratically for nearly a week, suffered from two washouts six miles south of this city near Thomas station this morning. The lesser one, a break of twenty-rive feet, was repaired by night so work trains could pass over and reach the greater, which is lifty feet long and thirty feet deep. Piling must be driven to furnish a foundation for the track. This place was washed out last Friday night and in repairing it It was filled with earth. ' Railroad men say muskrats or groundhogs caused the latest break. No train has reached this city over this road to-day and it will require considerable time to repair the break. It is probable the piledriver of the railroad is at work at Hazelton and will not be available at RIVER WITHIN ITS BANKS AT WABASH Special to the Indianapolis Journal. WABASH, Ind., March 31. Wabash river is again within its banks, and the families driven from their homes in the bottoms arc returning, and drying out their watersoaked buildings. Dr. Lasalle, health oftlcer, says the buildings are many of them Unfit for habitation and predicts that manv cases of sickness will grow out of the Hood. Tho heavy rain of yesterday afternoon and last nlghUgave the denizens of the bottoms a scare, but the fall of the water was unchecked, and the flats are now free. In the channel of the stream, however, the rains brought the water up a foot or moro, covering the Fort Wayne & Southwestern traction line tracks at the Big Four bridge. FLOOD THREATENS NEW DISASTER IN PORTLAND Special to the Indianapolis Journal. PORTLAND, Ind., March SI. A heavy rain is falling this evening and the Salamonia river, which Inundated the city and caused the death of two persons ou Saturday, is again high over Its banks. The lowlands are entirely under water and fears are entertained of a repetition of last week's deluge. To-night's storm, accompanied by wind and lightning, Is causing additional alarm. STORM AND FLOOD DO DAMAGE AT BURROUGHS Special to the Indianapolis Journal. LOGANSPORT, Ind., March 31. A report has reached this city that thevworst storm in its history passed over Burroughs, a small town twenty miles from this place, this evening. Bridges and fences were washed away, and much damage was done to property. Another Flood at Anderson. Special to the Indianapoll Journal. ANDERSON. Ind., April 1, 2 a. m. White river broke out of its banks here at 1 o'clock this morning and is now rising at the rate of six inches per hour. There has been a heavy rainfall here to-night, and indications are that a heavier fall has occurred above here. Park Place is again inundated, and matters look serious for residents in that suburb. Damage Around Tell ' City. Special to the Indianapolis Journal. TELL CITY, Ind., March 31. The highwater at this place is slowly receding and is disclosing much damage to wheat land and farm land generally. Much damage also was done along the river front, but the farmers were the greatest sufferers. In the county a number of bridges will havev to be replaced, and many roads must be repaired. Wheat Said to De Dencflted. Special to the Indianapolis Journal. BIJOWNSTOWN. Ind.. March 31.-The flood has subsided locally, leaving the wheat in the White river valley covered with a heavy sediment, which would have destroyed It had it not been that the heavy rain which fell to-day has washed most of the mud away, leaving the wheat, instead of damaged, considerably benefited. Traffic to Be Itesnmed To-Day. Special to the Indianapolis Journal. SHELBY VILLE, Ind.. March 31. It Is expected that traffic on the Indianapolis & Cincinnati traction line will be resumed some time Friday and that cars will again be run on the hourly schedule. The superintendent this morning said repairs to the bridge near Brookneid, which was damaged by high water, are almost completed. Farmer Fleeing tor Safety. CELINA, O., March 31. The west end of Mercer county is flooded. Farmers along the Beaver and Wabash rivers are. removing to points of safety. Lake Mercer Is at the danger p. .int. South Celina is under water and n any families have been driven from their homes. Ohio I AKnln Rising. Special to the Indianapolis Journal. LAW.RENCEUURG, Ind., March 31. ReCent rains have again swollen the Great Miami river and caused a sharp rife in the Ohio since yesterday morning. At noon today the Ohio stood at forty-five feet and was rising an inch an hour. DAMAGE IN MISSOURI DUE TO BROKEN LEVEE ST. LOUIS, March 31. By the breaking of the Fountain creek levee, near Mcrrimac, Monroe county, Illinois, twenty miles south of St. Louis, 6,5u0 acres of land, 5,500 of which wve In wheat, are under water and a loss estimated at $120,fyV) has been suffered by the farmers. Special from points in southeast Missouri indicate that flood conditions of- serious proportions prevail. Many dwellings are standing in the water, and the occupants have been forced out. At Piedmont, Black river Is still rising and many additional persons have been driven from .their homes to higher ground. LucU'n Graham was drowned while trying to ford St. Francois river. I lar Bluff is still flooded and thousands of acres of rich grazing land are under water. It is estimated the loss of stock will be large. Iteporta from points southwest of St. Louia say much property has bvtn destroyed.

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Bank Trial Witness Treatment CONCLUDED FROM FIRST PGE.) 'I signed all but ' one," answered Kerstetter quietly. "Who signed that one?" demanded Healing imperiously. "Walter Brown." "Tell the jury," continued Kcaling, "how the checks are distinguished." TELL-TALE INITIALS EXFOSED. "The checks I signed are marked with a small 'K In oue corner. The one signed by Mr. Brown ia marked with the initials W. B." "Did Mr. Alford give you authority to use his name on those checks?" "lie did not." "On whose authority did you sign then?" "My own, I suppose. There was an understanding between Mr. Brown and myself." "Tell the Jury, Mr. Kerstetter, if the signature, M. Alford, was made as near as possible to represent Alford's own writing." "Not at all," replied the witness. Kerstetter was employed at the Consolidated Paper and liag Company when Melville Alford was signing checks for Brown as a method for keeping separate the building accounts of the plant. On the cross-examination Keteham sought to bring out this that the signature was made simply as identification for building accounts. The ' prosecution introduced the evidence to show that the money drawn t ou the cnecKS rrom the bank was applied to the Consolidated Paper and Bag Company. A tilt between Attorney Keteham a"hd Mr. Alford, in which Judge Anderson finally took a. hand, occurred shortly after Aljord took the stand at th opening of court yesterday morning. Alford had testified at Kealiug's examination that he had not signed any notes which were carried in the bank as assets. When Keteham came to cross-examine Alford he produced three notes with Alford's signature affixed. The ROGUE'S RUN OVER' BANKS FLOODS HOUSES AND STOPS CAR SERVICE CONCLUDED FROM FIRST PAGE.) should be caught again by the high waters. Little delay was made iu getting out. and soon a number were out passing on the warning cry from house to house. In a short time-all the homes bordering on Fall creek wvre empty. Reports to the police from various points along Fall creek indicated that, after alarming people all along Its course with a sudden rie before midnight, that stream began to fall shortly after midnight, and Imminent danger seemed to be past. From time to time during the night fresh deluges of rain caused alarm, but none of them continued as long as did the rnin which began to fall between 7 and S o'clock m the evening. JACKSON PARK IS AGAIN INUNDATED Jackson Park, the nw addition la the vicinity of the Atlas engine works that has suffered severely - on the occasion of every high water and flood that has visited this locality this winter, was again inundated last night and acres of land were under water. Residents of the district were forced to remove to their second stories in some cases, and the poMc; were appealed to for help. The water that has been left by the last overflow of Pogue's run has not entirely disappeared, and the heavy rain augmented this, bringing back old conditions. GOOD FRIDAY IN CITY'S CHURCHES With the observance of Good Friday all Christendom will begin to-day the celebration of Eastertide. Services will be hell in all Catholic churches and most of the Protestant, and without exception will bo of a musical nature. At St. Paul's Church a musical service, a rendition of "The Seven Last Words cf Christ." will be given. The soloists will be Mrs. John Kdmunds, Paul Jeffries, Mrs. Aqullla Jones and Everson McHatton. "The First Wcrd" will be a baritone and tenor solo with chorus; the "Second Word" a duet for tenor and baritone with quartet; "Third Word" a solo for soprano, tenor and baritone, with chorus; the "Fourth Word" a baritone solo; the "Fifth Word" a chorus and eolo for tenor and baritone; the "Sixth Word" will be a tenor solo and quartet, and the "Seventh Word" a solo for soprano and contralto with chorus. The observance of Easter will begin at the Meridian-street Methodist Episcopal Church to-night with appropriate services. Fox Farm -n. Full a re. Tortland (Me.) Express. A gentleman by the name of Skillings, of Bangor, recently started a new industry on an island off the coast between Machias and Jonesport. Me. This was fox raising. He believed that there was money to be made in raising foxes for their hides and so leased what H known as Triton island some distance off the coast. Having secured the island he went West and bought about sixty of tho finest furred and most hardy foxes h could find, paying for some of them as high as 50 apiece. These he placed on the Island Inst fall and started his fox farm with every prospect that his novel plan would be a success. Of course the island bing some distance from the land it was impossible for the foxes to get off and so fences were not necessary. This winter came with its cold

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Gets Roughshod and Court Intervenes notes aggregated 112.0X1. Keteham handed the witness the notes, demanding severely: "Is that your pignature?" "It looks like It; yes, I guess it is," exclaimed Alford after ex.-imlning the notes. "Didn't Mr. Brown show you those notes after the bank failed and öfter to give them back to you?" asked Keteham. "He did not," answered Alford stoutly. "Didn't you say, Mr. Alford, in the presence of Vernon Vau Fleet, after you jsppeared before the grand Jury: I swore Infore the grand Jury that I gave no notes, and, by God, I'm going to ftay with that statement?' " Keteham thundered tho question and Alford hurlM back his tuv swer in an equally leud voice: "No! I ray emphatically no!" Here Judge Anderson intervened and declared that the examination would have to be continued more quittly. Keteham In his examination went at the witness violently, and wheu the incident occuried had Alford worked up to u high pitch cf excitement and angtr. After Alford was dismissed Beryl Tousley and Enos Culp testified and then Bank Examiner J. M. Mcintosh was callM to the stand and examined throughout the remainder of the day until 4:. o'clock. JlrrMay Mishler, Samuel Hoke and Ed2ur Kerstetter were the last witnesses on thi stand. Owing to minute cross-examinations of Attorney Keteham and the continual passage at arms which take place between th attorneys, the trial of Brown will be much longer than had at first been expected. The government expected to romplete introduction of evidence by this evening, but District Attorney Kcaling said last night that he did not see how they could finish up their case before Saturday noon. Attorneys for both sides are fighting the case inch by inch. Attorney Keteham dissects each bit of testimony given by government witnesses. Both Kcaling nnd . Keteham are oftn "called down" by Judg Anderson. who repeatedly admonishes them against wasting time on Immaterial facts nd inconsequential tilts. The trial will probably not end before tho middle of nex week. weather and gradually the water between Triton island and the mainland closed slowly in until finally the wide passage was covered with thick ice which could support a man or a team for that matter. All this had been golg on so quietly that Mr. Skillings bad quite failed to think of what this rapidly-forming ice might menu to his new industry, and one morning he awoke to find that every fox owned had escaped from the island to the mainland and had taken to the heavy growth of timber which covers much of this section of the coast. Mr. Skillings instituted searches and scoured the surrounding country, but he has not succeeded in recovering one of the animals. Th sixty foxes, many of which were extremely valuable, aggregated an amount of many thousands of dollars and the loss gives every indication of being a total one. SHIPS ON WAY FROM , ANTARCTIC REGIONS Men on Board the Discovery in Southern Expedition Are Rescued. : CHRIST CHURCH, New Zealand, March 31. The British Antarctic expedition, which sailed on the steamer Discovery from London July 31, KOI, has signaled that it Is returning. It as announced from Ifobart, Tasmania, Oct. SO last that the Terra Nova, an auxilary relief ship, formerly a Newfoundland whaler, had arrived there, and with, the Morning, the Royal Geographical Society' relief ship, wutild start for th relief of the Discovery, the British exploring vessel, the first week in December. At this time the Discovery had been frozen In for thirteen months at the foot of Mount Erebus, in south latituJe 77:. east longitude 60:12. You owe it to yourself to look right. You cannot help it when you wear Stein-Bloch Smart Clothes. Ask the Stein-Bloch dealer in your town, and look for the Label shown above. Send for " Smartness," the book for careful dressers. It's free. THE STEIN-BLOCH CO. Wholesale Tiilori, Rochester. H.T.

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