Indiana State Sentinel, Indianapolis, Marion County, 17 June 1891 — Page 3

THE INDIANA STATE SENTINEL, WEDNESDAY MORNING, JUNE 17, 1891-TWELYE PAGESc

CDMM1NGS SQCIALTABOO Pronounced by Queens' High Court of Justice.

The Jury Never of But One Mind on the Matter. Lord Coleridge Liberally Scores the Plaintiff And Defends tho Prince's Right to be a Gambler. The Verdict Hissed by the People in and Out of Court. Great Sympathy Manifested for Sir Gordon Cumming. Prcii and Pulpit Denounce tho l'rince of Wales. A Social and Folltlcal Storm Fairly Started. Lo!dov, June 9. On this, the seventh, md, it was hoped, the last day of tho famous baccarat suit, the same very familiar scenes were witnessed outside and insido the court. Possibly there may have been a change in the composition of the crowds drawn to the law courts in tho hope of bein? present at the end of this sensational suit, but t all general and outward appearances the earce people who were around and about the cour-trootn Monday, June 1, are there again this morning. The prince of Wales, to tho disappointment of many, was absent. He was at the Ascot races. The Chftrje. The lord chief justice at the opening of his speech explained to tho jury at length the difference of an action for elander, as this one is. and an action for libel. His lordship added that it the jury found that the defendants had spoken the truth their rerdict should be for the defendants, but if the jury thought broadly, that the charges they made were not true and that Sir William Gordon Cummin? did not do anything wrong in playing baccarat at Tranby Croft September last, then the verdict must be for the plaintitr. lie entreated the jury to keep their minds steadily on the evidence and on the evidence only. Continuing the lord chief justice analyzed at length the evidence given by the plaintiff, which evidence, he said, was well worthy of consideration. The plaintiff, he added, had his counters on a pile of white paper and would Lave been le?a likely to be detected if he had, as the others did, put his counters on the cloth of the table. During another portion of his summing up Lord Coleridge paid that tho prince 01 ales' presence at Tranby Croft was sufficient to explain Mr. Lycett Green's objection to creating a disturbance In the baccarat room, or elsewhere, by Calling attention to the actions which he objected to on the part of fcrir William Gordon Cumming. ir LMward Clarke " eaid Lord Coleridge, "had said that the eye paw what the eye expected see, and, undoubtedly, if persons had their minds set on cat tain things less proof was sufficient to satisfy them than would be otherwise needed. But the question was as to whether in this case the observation referred to would apply. ir Kdward Clarke," the lord chief justice continued, "had commented ucon Mr. Berkely I.evett's exclamation, 'Good God, Sir William Gordon Cumming caught cheating!' But suppose that the remark had been, 'Good heavens, the archbishop of Nova Scotia, a prelate of the order of the sun, caught polling a living 1' Laughter. There vould have ben nothing unlikely in such an exclamation." Lord Colt-ridge also called tho attention of the jury to one particular observation which was made on behalf of thu plaintiff durinor the course of tho trial. It was to theeffect that "there was more in the case than appeared on the surface." "Against this," the lord chief justice remarked, "I most emphatically protest. The jury has nothing to do with things which are not on the surface. You have to contine yourself to the single issue and what you have heard and w hat you have seen during the trial." When Lord Coleridge had proceeded thus far with his charge to the jury the hour of noon had arrived, and the court, aa u?ual, promptly adjourned for lunch. After luncheon the lord chief justice resumed his summing up. The summing up of the lord chief Justice during the afternoon waj undoubtedly more strongly against Sir William Gordon Cumming than wero the chief justice's remark. made during the morning. The afternoon utterances of Lord Coleridge may be eaid to have amounted practically to instructions to find a verdict against the plaintiff. Continuing his references to the prince of Wales, Lord Cole ridge eaid that the prince was, he "presumed, a gentleman and the instinct of an honorable man wa.s to ranao himself on the side of his friends. If the prince did not believe the story he would have made it a point to show the world ho did not believe it, but he (the prince) had not met the plaintiff eince." A military tribunal, the chief justice added in substance, would judge if the proceedings with which Gen. Williams and Lord Coventry were concerned formed an infraction of the rules and regulations governing the army, fo with that point the jury need not trouble themselves. He (Lord Coleridge) 'id not know if the gentlemen just mentioned had or had not broken any military rule, but if they had done so. In the iff justice's opinion, they had done so w iih the beet of motives. Lord Coleridge I-o said that he did not know why the jury ' had been informed that it was i mT.Ible for the names of the prince of Wales and Gen. Owen Williams to remain en the army list if the name of ir William Gordon Cumming was eliminated there from. This had nothing to do with the case. The jury verdict would not have the slightest effect upon the military authorities in either way so far as the gentlemen mentioned were concerned. I'roceeding to the consideration of the firecis drawn at Tranby Croft and setting orth the outline of the events which took place in regard to the baccarat scandal, the lord chief justice said that the precis was not in evidence in the case, and that it was merely a statement of the affair written by one of the witnepses in the suit Lord Coleridge then turned his attention to Kir William Gordon Cumming, though his eyes were kept continuailr upon the jurymen and not upon the plaintiff. During this branch of the discourse Lord Coleridge severely criticised the baronet's conduct after leaving Tranby Croft, referring to the events subsequent to Sept. 10, the day when the Tranby Croft party may be eaid to have broken up. II is conduct then, according to the

chief justice, was not of a nature tending to indicate that the plaintiff was innocent of the charges brought against him. U'fend.d tl t'rlnct. At anntlnrr and later portion of his charge, Lord Coleridge, referring to tho criticism which has been heaped upon the prince of Wales since the affair lirst became public for tho share he, the heir apparent, had taken in the Tranby Croft episode, said in the main that England was not only a free country but a censorious one. The life of the prince of Wales, liko that of every other person of rank, wa-t continually made a subject of public comment. "Tho prince of V alea," Lord Coleridge added, somewhat pathetically, "j;oes through many boring ceremoniep, and what if ho did introduce baccarat into that great house?'' In the absence of any portion of the scandal being directly connected with the prince of Wales, 1ord Coleridee could not imagine how any harm could be done to the monarchy, to the prince or to anybody elpe, adding significantly, "though some people must have asked when they heard of the trouble at Tranbv Croft, 'Why did not he read his bible?"' "But," said the lord chief justice, ''nobody was any the worse for the hard workingtnan taking his pleaauro amongst his friends. "I:d tho jury bclievo the plaintiffsiened tho dishonoring document in which ho state-1 that he had cheated at lards? And did this save tho prince of Wales? Was not the consequence far too great for the cause'."' Lord Coleridge said, in addition, that he could not understand how a man could give away all for which life was valued and all which made life worth living. The lord chief justice wound up his charge to the jury with the following emphatic, not to be easily misunderstood remark, after what he had already said: "I send you, gentlemen of tho jury, to da your duty and adopting the noble words of a great man to this occasion, 'When yon pass your judgment upon Sir Gordon Cummin's honor I pray you recollect your own.' " When the clerk of the court suddenly announced that the jury was ready to report there was a movement of surprlso throughout tho packed audience pretent. Thr n the chatting was resumed again, tho short absence of the jury being regarded as decidedly unfavorable to the plaintiff. Everybody may be sai 1 to have been in a breathless state when the jury re-entered their box, looking rather frightened and very nervous. After tho clerk of tho court had polled the jury the lord chief justice, addressing the jury, said; "Gentlemen of the jurr, have vou agreed on a verdict?" "Yes," almost whispered the foreman standing up and bowing toward Lord Coleridge. "Is it for the plaintiff or for the defendants?" aked the lord chief justice. "For the defendants," answered the foreman in a low voice. The announcement of the verdict was received with slight hissing from tho sralleries, where the ladiea congregated, and upon the part of some of those in the bod v of the court who were in sympathy with the plaintiff. Tho court officers had some difficulty for soir.o time in suppressing thce mark's of principally feminine disapprobation of tho verdict. They were, however, eventually suppressed, and as the court-room began to bo vacated by the deeply interested, chatting audience, the curtain may be said to have been lowered over the Tranby Croft drama. When the verdict was annouced to be against fc-'ir William Gordon Cunning tho latter to all appearances was the most unmoved man in the court. He folded his arms and looked straight at the jury, but otherwiso did Dot move a muscle, his face not showing the slightest trace of emotion. Lord Middlcton, however, flushed scarlet and then turned very pale. Mrs. Arthur Wilson nnd Mrs. Lyct-tt Green wero alsonoticed to turn pale when the verdict was rendered and were evidently badly frightened when they heard the hifl3cs which greeted it. The two mentioned stood for several minutes whispering earnestly with their counsel, and then, accompanied by their respective husbands, they passed slowly out of court, with bowed heads, nobody speaking to them, and to all appearances the objects of much dislike, la fact so frightened and downcast were the bearing of the defendants, unless 31 r. Jerkely bo excepted, that anybody would have taken them for people who had just had a crushing, withering verdict rendered against them. The effect of the verdict in military circle, it is generally understood, is that Sir William Gordon Cumming, major and lieutenant of the Scots fusilier guards, will bo promptly cashiered from the army and just as quickly expelled from the "Marlborough club, the Guards club, the Turf club and any other social organizations to which he may belong. Sir William held a consultation with Sir Edward Clarke, Mj". Gill and his solicitor in the course of the evening before proceeding home, where he denied himself to all comers. A group of friends still adhering to him met at the Turf club in tho expectation of seeing him. Since tho scandal became public Cummincr ha not been seen at Marlborough or Guards club, but has occasionally visited the Turf circle. Tonight the members of th Turf club seemed undecided how to act. 1'ersonally Cumming is liked at the club. He has an honorable record throughout in all his dealings with members of the club and many are adverse to his expulsion. The division of public feeling upon the verdict will be largely a class division, the aristocratic circles siding with the decision and approving Lord Coleridge's charge, while tiie mass of tho public sympathize with Cumming and accuse the jud?oftf gross partiality. The hissing with which the galleries of the court saluted the verdict was repeated outside by an excited crowd thronging the corridors. The defendants, in leaving the court, wero surrounded by a mob, and numbers of insulting allusions were addressed to them until they reached tho protection of their carriages. Mr. Lewis, their eolicitor, had to fly for safety to the adjacent chancery court, where he escaped by climbing over a bench. Just before leaving Mrs. Wilson telegraphed the result to the prince of Wales, adding congratulation. The popular reaction is largely due to Sir Edward Clarke's outspoken and fearless addresii. When he appeared in the lobby of the house of commons tonight he was greeted with many congratulations on the ground that he had done tho best that could be done against enormous difficulties. His friends fear that the increased distinction he has acquired in the trial will not commend him to the court. The line he took in his allusions to the prince of Wales will be attended with considerable social risk. The court is still an immense social power and could operate to check the career of even Si' Edward Clarke. A lobby report credits certain ministers with telling Sir Edward Clarke that ho went too far in his comments on the prince of Wales' relations with his client. Losnoy, June 10. Sir William Gordon Cumming was married at 11 o'clock this morning in the fashionable Holy Trinity' church at Chelsea to Miss Florence Garner, daughter of the late Commodore William Garner of New York City. Lord Thurlow gave the bride away. Maj. Vesey Dawson of the Cold Stream guards was the beet man. The Rev. liobert Eytoa officiated. The marriage

Children Cry for

was practically a secret one. Only twelve people were present at the ceremony at lloly Trinity. Tho bride looked cbarmngly happy "and Sir William was proud looking, cool and entirely self-possessed. There was no trace in hid personal appearance of depression or. emotion resulting from yesterdav's verdict in the court of queen's bench. So well was the secret of Mr William Gordon Curaming's Intended marriage kept that this morning there wero no signs about the Holy Trinity church of Chelsea that any such ceremony was to bo performed there today. At 10:-0 a plain, ordinary cab drove to the church gates and from it alighted the much talked of plaintiff in the baccarat suit. Sir Will jam Ciordon dimming was accompaniod by his best man, Mai. Vesey Dawson. The two gentlemen quickly entered the church, as if fearing that one ot them at least would be recognized. Once inside the building Sir William and the major walked up the aisle Adjoining the morning chapel, in which it was arranged that the marriage ceremony should take place. The sole occupants of Holy Trinity, even at this hour, were three carpenters engaged in some apparently much needed repairs to the building. JSir William and his friend stood chatting together for a minute or to inside the morning chapel and then their attention was attracted to two or threo ladies who had quietly entered the church and pat down near the two gentlemen. A minute or so later a carriage drove up to tho church and from it alighted Miss Florence Garner, Lord and Lady Middlcton and a young lady who was understood to be the bride's sister, Mrs. Randolph. The bride walked smilingly toward the bridegroom, who advanced to meet her. There were no bridesmaids, but instead Miss Garner was chaperoned by Lady Middleton. Soon after tho arrival of the bride and her friends, the Iter. Mr. Eyton, who was to officiate attho marriage service, emerged from tho vestry and the ceremonies commenced. The first portion of the service was celebrated at the altar steps and tbe second part at tha communion table. I'oth tho bride and the bridegroom made the usual responses in clear and audible voices. At the conclusion of the services the bridal party was conveyed to the Middlcton mansion and after the wadding breakfast Sir William Gordon Cumming and his bride left London for the Middleton county seat of We laton hous1, Nottingham, where they will pass a few days previous to continuing their journey to Altyre, Sir William's seat in Scotland, where they will resile. When the verdict was pronounced against him Sir William Gordon Cumming again offered to cancel his engagement to Miss Garner, but the ladv, believing in his innocence, would not hear of such a thing, and insisted that the marriage should take place today. It is expected that Sir William and his wife will visit tho United States in the autumn. Lady Gordon Cumming is the eldest daughter of the lato Commodore William Garner of New York, who was drowned in July 1S7C with his wife, through the capsizingof Mr. Garner's yacht Mohawk. It Is now definitely known that Sir Gordon Cumming and his wife will make their proposed visit to the United States in the autumn. London Juno 1 1. The fact that in his examination in the Camming case, tho pricco was not asked whether ho divulged the aecret of tha precis while all tho other parties to tli e affair were questioned on that point is taken as a confirmation of the rumor that tho secret did actually owe its publicity to the carles9 tongue of his royal highness. The fact is that tho priuco confided the morsel of gosip to Lad' Iirooke, w ho in turn revealed it to a friend of hers, who happened to have been scorned by Sir William Gordon Cum ruins? end who at once s:iw in this episode an opportunity for her revenge. Sir William Ciordon Cummings has written a letter to a Nottingham newspaper in which he says: "I am ot the opinion that, but for the gross partiality shown by the lord chief justice in summing up, tho case would have gone very differently." Several radical members of the house of commons have met and decided to put a series of questions to the government bearing upon tho responsibility which the Tranby Croft party incurred in concealing Sir William Gordon Cumming's offence and the question of military discipline involved. If the replies are unsatisfactory they will move an adjournment. It is understood that tho liberal leaders will hold aloof from the contemplated censure of the prince of Wales. London, June 11. The municipal authorities in the vicinity of Sir William Gordon Cumming'it home have decided to extend a festive welcome to Sir William on Saturday on tho occasion of his return home with'his bride. London, June 12. It is understood that the prince of Wales is keenly stung at the adverse criticisms which have been showered upon him from all quarters. Especially is this the case in regard to the newspaper comments which practically accuse him of revealing tho secret of the Tranby Croft scandal, and referring to tho fact that he was not asked if he had spoken of tho affair to anybody after Sir William Gordon Cumming signed the incriminating document, while this question was put to all the other witnesses for the defendants. The prince of Wales emphatically denies that he divulged the secret to anybody. London, June 12. Copyrighted. The storm rising round the prince of W ales is fast obtaining intensity, endangering his chances of succession to the throne, if not the existence of the English monarchy. No class appears to be stirred so deeply kn the great middle class, the real strength of the country and hitherto a solid and stolid prop oi the monarchy. Wherever its voice becomes audible its earnest denunciations of the prince of Wales are accompanied by regrets at bis nearness to the throne. Itepresentativo gatherings of religious bodies, congregational, metnodist, baptist, unitarian and presbyterian have already recorded their condemnations. Eoarda of guardians are going out of their accustomed paths to discuss motions branding the gambling propensities of the prince of Wales as a disgrace to the country. Several liberal societies have adopted protests against his continuance in the army. London', Juno 11. The outspoken newspaper comments upon the part the prince of Wales played in the baccarat scandal coctinus the topic of the day in England and elsewhere. A newspaper reporter was present near the prince of Wales at Ascot todav when the race of the gold cup was won by Lord Harington's Marion. He telegraphed that tho prince of Wales, who witnessed that event, was In a very sulky frame of mind, caused, it would appear, by the storm of adverse newspaper criticisms which have swept and are still sweeping over the heir apparent. The religious press, aa might be expected, is the most severe in its comments upon the prince of Wales' conduct The Christian World, an influential independent religious weekly paper representing all the protestant denominations, says, for inttance: "Tho throne reets upon the foundation of public opinion only. A few more scandals like that of Tranby Croft would destroy the foundation and Edward VIII would never bo crowned." The British Weekly remarks: "The revelations are enough to sober up the strongest supporters of the monarchy." FItcher'o Caotorla.

PARNKLL IS REPUDIATED

By tho National Federation of America. Ho Can Not Be Resuscitated as a T-eader And Lovers of Homo Rule Should Now Give Him Up. The Federation Asks Financial Aid lor Its Cause. Its rians and Objects Are Fully Set Forth. New Yong, June 10. Thomas Addis Emmett, M. P., president of the National Federation of America, has issued an address under date of June (J to "the friends in America of homo rule for Ireland." It runs, in part, as follows: From all io sympathy with the sufferings of ths Irish people due to centuries of miegov ernment and all who advocate home rule the only remedy to better their condition we aic co-operation and assistance to bring about its consummation. Tha time has pasted for inaction, and he who now hesitates to take part in what, God grant, may prove a final eOort, is either blindly ignorant and indirterent to pfnt.ii? event or secretly sympathizes with those in opposition. In our generation tha Irish people hare suffered and almost lout their cause when success eeemed within easy eras p. For months past every effort has been paralyzed through the acts of one roan, not trusted of nb, who tinned and fell by his own lmuil. He thus betrayed the welfare of hie country, so blindly entruited to his guldanco, nnd dragged the chaste name of Ireland into the gutter with hit own sullied reputation. The ncceeiity for assittinf the starving and evicted tenants of Ireland wat deeply at pre oiatad in this country and a noble cifortwas made to eflcct the purpose. XI r. Farnell was fully pledged to carry out this object hut he bas betrayed his trust by his duplicity, his equivocation and his utter diingenuuuess. His continuous selfish subordination of ths welfare o( the Irish peasantry to his own personal ends in the matter of home rule it no less conspicuous. Mr. l'arnell stands today responsible for the present suterines ef the evicted tenants of Ireland, to far at they might have been mitigated by the nte of the Faris fond, in the application ot which he has refused to act with the other custodian. The fund consists of over $30,000, the greater portien of which wat raised in this country. This he now holds, aa he does his political position, by false pretences and to forward hit ovi personal ends. The people of this country are too tharp-witted not to fully appreciate his purpose. And the fact that he did not dare carry out hit own proposition when the opportunity was given him to meet his constituents at the polls has shown to the American mind haw fully he himself realizes his desperate fortunes. He is yet claimed as a leader by a small portion of the Irish people. We raise no issue with them nor doubt their honesty, but we itnpus:n their judgment. They will toon penetrate the glamor associated with the past service of au over-rated leader. Those who have worked and hoped for home rule in Ireland are not divided into two parties. There exists but one party and a faction. Mr. rarnell was tho first to advocate that the majority should rule and the first to disregard the fact. The opiuion had by a -targe taajority of thinking men, in this country, if expressed, would be to the eifect that Mr. Parneil is now politically dead and can nerer bs resuscitated to hold a position ot trust. Then the cause was betrayed and there arose at first tone dillereuce of opinion as to the culpability of the act. Irlsh-Arue rlcans were unwilliug to interfere aad wished the differences settled by the Irish people themselves. We at a distance were better able to judge ef the merits cf the rate, but our feelin c of dtlicaey has been grossly misrepresented by the minority. Notwithstanding their representatives have canvaeted this Country for moatht pnst in quest of aid and support and to so little purpose, it ia absurdly claimed Ly them that the peeple of America are in sympathy with their leader. Our silence and inaction cad, therefore, do good no longer, but, on the contrary, are freely used to the detriment of the causa we advocate. The time bas now assuredly arrived for us to pronounce our denunciation on the one hand and on the other band our fullest sympathy with those who represent tho true inUrestt of Ireland. The future guidance of Irish afla'rs in the bringing about of home rule mnst be trusted to the majority of those elected to represent Ireland in the Knslish parliament. lhe friends of Ireland cannot stand by inactive and expect the liberal party of England to bear the brunt, nor more than its just proportion of the burden. Honey ia reeded und needed quickly, aad at no time has an appeal been presented to the American people for the support ef a cause more in accord with their appreciation and love of self-governtntat. The National Federation of America Is similar in organization to-the one existing in Ireland for the same purpose. In addition to the officers it will consist of a central board of trustees for tho purpose of controlling and transmitting the funds to the properly constituted authorities of the national partv in Ireland. The funds will consist of donations and yearly 'subscriptiona made by individuals nnd by members of the local branches of thefedaration and affiliated ornizations which will be organized throughout the country and will bo collected and forwarded to Mr. Eugene Kelly of New York, the treasurer of the organization. The board of trustees will at an early day is?ue in a printed form the constitution aad an account ia detail of the organization. THAT SENSATION IN COURT. A Stiremn of tb Vet la th Natural Gaa Suit. Thursday morning tho supreme courtroom was well filled with attorneys and others interested in the euit brought to test the constitutionality of the law which virtually prohibits the exportation of pas from the 6tate. After tho opening cf tho case, Mr. Addison C. Harris elated to the court that he had submitted affidavits to show that the 6uit brought was a conspiracy or collusion to lish for a decision which would declare the law prohibiting the pumping of gas unconstitutional. He would further attempt to show that the plaintiff in the case had been hired by the defendant to bring the euit and that the attorneys on both Bidc-e were all employed by the defendant company. This charge wai denied by Messrs. Holt, 'Winter and Bell, who were the attorneys referred to, and the remit was that tho court appointed Judge Livingston Ilowland as a ppecial matter to investigate the facts and decide whether or no the investigation was a bona fida euit. Therefore, in the atternoon the attorneys in the case repaired to Judge Howland's office and made their several statements. Mr. Ferd Winter, one of the attorneys, wis Been last evening by a reporter, to whom he gave a conciEe but comprehensive storv of the litigation. "This suit," aaid he, "was originally brought in the Porter circuit court before Judge Johnson. The plaintitr was Egbert Jatmefion of Chicago and the defendant the Indiana natural gas and oil company and the Columbus construction' company. The complaint iet forth a statement of facts as follows: The two companies had contracted1 together in June, 1S90, and by the terms of the agreement the Columbue construction company which owued natural gas well and

land was to acquire right of way and build a pipe line to Chicago, furnishing a specified quantity of gas daiiy. Thia was to bo completed by November 1891, and at that time the company waa to turn oyer to the Indiana natural gas and oil company a'.l the property, wells, pipes, pumps and other machinery, aud to be paid therefor in stocks and bonds of the latter corporation secured by mortgase. The stock was Sn-jOO.OOO and the bonds S4.000.000. The complaint further averred that tho work had continued according to contract up to just before March 4, 1S9I, when, by aa art, the general assembly had declared the pumping of pas illegal "The object of the Indiana natural gas. and oil company was to transport gas to Chicago. This could not bo done without tho use of pumps or other artificial pressure which was contrary to law, and therefore when thia contract ehould be completed and the system turned over it would be upeles. Wherefore the plaintiiT nked tho court to annul the contract and declare further prosecution thereof illegal nn l enjoin defendants from turning over and receiving and paying for the property in nuestion, on the ground that the same could not be made of uo or avail after its completion. In this puit Mr. Walter I. Holt of Chicago appeared for the plaintitr and Mr. H. C. Heil of Fort Wayne and myself appeared in answer. "We stated that the facts eet forth in the complaint were true, the object of the company's was to transport gas and that this could not be done except by artificial means. We stated that we had purchased for ue in tho pipe line, pipe of 1,000 pound; test pressure to the square inch, whereas the gas pressure would not exceed 000 pounds and tha tame was safe to use for this purpose. We stated that we had acquired this property and inveeted the money before the passage of this act. nnd claimed that the act was unconstitutional insomuch as it interfered with interstate commerce and was a violation of the state constitution interfering as it did with vested rights. Judge Johnston declared the law unconstitutional and denied the petition of the plaintiff who immediately appealed to the supreme court on April 7. "Wo understood at that time that the local gas companies at Fort Wayne, Lafayette, Kokomo, Peru and I,op;ansport as well as the Consumers' gas trust of this city, were interested in upholding this law, which was passed in their behalf. We knew they would desire to uphold its constitutionality, as they had to do with the law of lS'j, in which, they were unsuccessful. So we invited them to prorare briffa in this cas. nnd to Messrs. Kiblack it Harris and Hi 1 Lamb we extended every facility, and had the case advanced on the docket to June 11, which date was.on May 1", sat for oral argument. On May no Messrs. Niblack o: Harris filed a motion to dismiss the case a motion not sworn to by themselves or anyone else on "the ground that It was fictitious. They further stated that the statement that a six-hundred-pound pressure of pas could be safely transported was untrue, and was put in the suit for the purpose of obtaining the desired decision. At the time of the filing of this petition the affidavit of one Greon, who lives in Miami county, was filed also, wherein ho stated that he believed a eix-hundred-pound pressure was dangerous, lieplies were to have been made by the Oth, but owing to the enforced absence of Mr. Bell we had the hearing postponed until today. "We have taken steps to show that ours is a bona file case, and submitted the affidavit to President Heqtienbourg of the Columbus construction company to tho effect that the averments in the" caso arc true, and that ho himself furnished the facts in the answer. He hae been in the natural gas business twelve years in Pennsylvania. The natural pressure at Pradford is over ()00 pounds and not at ail dangerous. Pumping had been done elsewhere with perfect safety, and a pumped pressure of GOO pounds could bo readily carried by pipes of 1,000 pounds pressure test. The suit was brought; in good laith and for tho purpose of determining tho statute's constitutionality and validity. resident Yerkes of tho Indiana natural gas and oil company made allidavit that the facts as set forth were true, and no statements in the case wore anywhere untrue. Meesrs. llot, and Pell and myself made similar affidavits. "On Mondav Mr. Harris filed the affidavit of his cferk, Mr. Mj-ers, to the effect that the affiant had gone to Chicago and found Mr. Holt's o;lico to be with tho Columbus construction company, but did not state that he got that address from me. Mr. Lyman of the trust w ent to Chicago and iound out the same fact as Mr. Myers; also that Mr. Holt was not a member of tho Chicago bar. They tiled other atfulavits to show that the transportation of natural gas was dangerous. As far as this suit's being friendly and the attorneys working to push it ahead, I will say that it is baaed on precedents of good practice, and Mr. Harris himslf has been known to handle both ends of a similar case when, in the interests of Ivison, P.Iakeman & Co., bis clients, he instituted the familiar litigation, attempting to overthrow the school-book law." Mr. Holt stated to a reporter that he had resided in Chicago but a short time and came from Dunkirk, N. Y. Mr. Ii. C. Bell was seen by a reporter for The Sentixei. Thursday night and said: S far as the statement of tho Xcug is concerned, I will sav that I do not believe that Mr. Harris Intended to cast anv relioctionB upon the professional honor or conduct of Mr. Winter or myself, and I am quite certain that Mr. Harris does not wish to try his eafo in the newspapers." Judge Howland examined Messrs. Holt, Bell and Winter yesterday afternoon and will conclude his investigation today. The case will bo heard by the supremo court on Tuesday next. HORRIBLE BRUTALITIES

Practiced by the Atteudmts on the I'otlanta of an 111'. not IltHpitnl. JjpRiXGKiixi), 111., June 10. The special committee appointed to investigate charges of brutality and mismanagement against the officials of the state southern insane hospital at Anna, reported today that it found a most deplorable state of affairs. Many inmates have been beaten, kicked and otherwise fearfully maltreated. Patients were forced to work out in winter so scantilv clothed that their persons are indecently exposed and' their feet soaked with water, while in another case a patient was thrown on a heater and held there until badly burned. Another with high fever, was taken from his room and beaten for asking for water. The vilest epithets were used to inmates an'! their beds were in some instances in vt; filthy condition. Although one hundred gallons of milk goes each day into the kitchen none of it gets into the wards. It is drank up or stolen by the attendants. A Ortst Flood. St. Louis, June 11. A dispatch from Gainesville, Tex., says: The rise in Red river is unprecedented, exceeding by far in volume the great flood of 1SG7. At Warrens and Sivils Bend, twenty miles northwest of here, the destruction is widespread. In these two bends there were 10,000 acres of corn, cotton and small grain, cultivated by some fifty families. All these crops are destroyed, most of tho houses swept away and large numbers of cattle, hogs and chickens drowned. At Yellow Banks ferry a Mr. Burdine was drowned.

Straws show which

money by trying to head the other way; money, and labor, and time and patience. Go with the rest use Pcarli;ic and you stop losing, and bcin to gain. Millions realize that there

thing Blowin Peddlers and toir.t g 11 he same as Pcarline." GOV. IIOVEY TIIE XULLIFIEU SAY3 A REDISRICTING A3T 13 VOID. Thjotrnor Intnrt n I'roflftmntion Putting thm Laws In Force Fxrrpt the l.fg. UlnlU Apportionment Act, tVlilch II Vetoes a Second Ttm. As predicted a week ftpo by Tfth Fkntixei. Governor Hovey i?.ued his proclamation Wodne?dny declaring the date when the last county was eupplicd with the laws of the late legislature with a proviso excepting from said proclamation t'ue legislative apportionment act. From the time the preseut contitutiin went into effect every governor including Hovey in ISSU has confined bime!f 6trictly to the requirements of the constitution and the act of in the matter of proclaiming the date when tho session laws bo into ell'ect. In tho proclamation issued by the governor yesterday, which will be found in tho advertising columns, tho old form i uaod up to where the exception clau?e begins, then the would-be dictator appends tha following nullification rider: "Except chapter 4, an not to tlx the r.Uinler of seuators and representatives to Uia geuer&l assembly of tin state ol ladiaua aud to apportion the aine amonc the neveral cucties of the state, and to repeal nil lairs in cor.lli.'t I lit rewith (psBied notw!lliMrtn'liiii tli kovtr.ior's veto March 5, ' printed in the r.ois ISfl.on pairen 110. ll!0 and 1J1. ibis net was nerrr presented to tne an noveraor of the slat? for lay approval, io the form iu which it it pricted in said act. The mi presented to me, siened and attested ly Ira J. L'hasc, prti Jin otlicer nd president of tho scuaie, and Mason J. Niblack, presiding ol!ioer nnd spenker of the hoaae of representative, and wh:-li was vetoed, did not contain tha m.me of the county f "Men roe," In ee. 1'. for heaatorinJ apportionment, nor the name of "(iihson county one representative" in src. 3. 1 therefori regard said pretended published act as void And do cot embro it in this prorlarar.tion. The words "Monroe," m ec. 2, and "iiihsoa county one representntivs," in sec. aftr the bill had parsed over the veto in both thn senftt and the house of rej r?ientativep, nnd after tlio adjournment of said rencral asvr.ibly. wer illegally inserted in theeurolled biil and priutud in the said acts of im. The secretary of state is required to attest the governor's proclamation aud, Secretary Matthews was crjual to t lie emergency, as wid be Keen by the following attestation, to vhii-li Mr. Matthew allixed the seal .f the etato, the tecntary "excepts tho goveaicr's exception?." In so far a ths ahove Prorlamatlxii rf'nto to tha lfg.il ditrit;itiun of the Acts nt ib- O.ih it.-nrril Asonib!y ot tho wvrr.il C'tintlt-s i:i thn taf arid anuotir.cln the lai at wV.cli the !fl!r;t fi.i.. ; tenk p!ai e, s inlcl in f-nl I'in'iauiati-n, 1 d. livr. I f ptteu the .'ijinttiir of tho ti"V n,.r snd ni'n l!i .d of the Mats of In linii.t ;irr. I , K.r tlx ,in r:t-e n.' c'. vini fore' and orTeft t Mm Art ! tl:.' ( nnl .'- bly of l.-01. This lielng a'l that in r- rjmre l In mrii certified or enjoin. J tv Inn uron t!ii"o rt :. claim: MAiTiri.'vs. nsal. t-tto titr ol Ms. to. THE LAST INNING. Argument Flenrtt by lh r inc Court io tli n Ajrn tut tirl C.i-. Argument in the ctr-e of ?.I."c lia; 1 A. Downing et al. v?. the Imliaoa tlte Loird of agriculture waa heard Wednesday in tho pupreme court, .Tudgos Elliott, CVJiey and Olds being oa thj bench. An hour nnd a ha'f wai allowed for the arguim-nts each d ie, the Hon. A. C. Harris o;.i ii:i'g and elofdng for the new boirdnndthj Hon. John M. Hutler appearing for tho old board. At 3:30 Mr. Harris t k:-. I hia argument and the ciee is now m tlie bands of tho court, which i expected to rentier a decision before tlo summer vnr:tion, beginning July I. In hi argument Mr. Harris reviewed the history of the t reation of tho !! board to ehOW - that it wai a public corporation, contended that it the state created a public corporation it could abolish it, and quoted copiously from decisions to support his iissertiiV.:t. He nlso showed that in the pro-i.imn lit of the Old board l.seued in l.V.t ii stated that "the board of agriculture i a Hate intitution, created by special law. with limited powers. The moinbt T3 ar.; tdecb-d for two years, one-half of the sixteen member each year. They have no pecuniary interest in the fir, other than ;ia trustees for the etate. It ia no stock concern in any Hem-e whatever." Mr. Harm closed his argument by declaring that if the board wan a trustee it must bo a truetee for the Mate'a property and, theretore, subject to control or abolition by legislative action. Mr. Butler stated in his argument that it was admitted that the act cf the last legislature abolishing tho o.d and creating the new state board of agriculture was unconstitutional if the old board was a private corporation, and contended that the old board by the express terms of its charter was a private corporation, posseMitig neither governmental function?, political powers nor the characteristics of a municipal or public corporation : that its oU'icrs were neither appointed by nor dependent on tho state government for their terms of oitice, and that the board was endowed with tho franchise of perpetual mcceesion. Mr. lintier quoted numerous authorities to ahow that a corporation may be private and yet the charter of Incorporation contain provisions purely ef a public character, and introduced eolely for the public pood; that public corporations are such only as are founded by tho government for public purposes w here the whole interests belong to tho government, and that no authority etists in a government to regulate, control, change or direct a coporation created by it except where tho corporation is in the strictest sense public He asserted also that the act creating the new board was unconstitutional because it embraced four separate subjects, when the constitution required

& m is every ., with Pcarline

way the wind blows

Watch them and be convinced. When you see all sorts of washing powders patterned after Pcarline; ? wncn you see it imita ted in appearance, in name; in everything except merit :

2n you find three persons using Pcarline here two used it a year ago ; when you ar it as a household word with the best xisekccpers ; when you find its former enemies now its staunchest friends; then you may know the tvind is taking you along toward Pcarline. Why not go with it? You are losing

to gain and nothing to lose rroccr will c".l vou. "this is a? pi i or IT'S FALbE but hat apufi (or Pcarline. 159 JAMLS PYLL, New York. 45 sold in '83 2,2S3 seid In T09 6,2S0 sold in '90 SC.CCOw.ilbesoldin'O! .VTTiTv them: ficirks tell the f.. KVKR-UOI50. KVEJILASTI.IC Steel AERMOTOa A lirre one com i? p-..' . ' others follow, and VE TAKE THE COUNTRY" -t- 1 bia ui;pT-1'-e1 ucc-m la tot: Int. To the ia t that h-r-rcn roftria( tfc n.r.uf turr.rxhftt, :ic Mieot.:ie lovrailr tln il ' rxt'frixft ia ir ma ia hr a s k il4 Biccbauu-al eDtfin-r. id hi n ovrr 5 O0 tfyform f !. , pr i IN l y rtif.cil an! tfceraf j'9 nnl.'ono wlu1. by Met er act-tlc-1 A fS n ; u-; mariT jriorn relntlnf tm ttta prutr p-d of bel, tha beat trm. at"t; use, tn jnf b not irpt-riaDt qu't.f j. Tfcf lnt(t;ati li trot-d thu tae power .f tL tt win's bl rot 14 611 4-tii(ritrftta It tiaa Wi Avoe. l and tnt AERMOTOR 24. To !i"rl pli t r-f i&e Junnowr i otneanT. that raJsua;ttv Iw ( di aati : , riac uft er T"" rt- coin wy. n 1 H !. To tli rn .rnnxts entrulef in fm.-ti-rv radeft Iia, mi1e j.aiMt a rrd notion of rt m ibitD tte i to real iaaoU for. that w U cost f tern trn-m v tf T v. TO r.R TOC POU'T HiTf Ti I l (K HfT'M.rf Tewer aaUHK m i I that Kl oift all stktn l t M M li-L, r it j want if tri.7 rsurn, gnnd. cat feed, ii"" v ttr, twa Qimdtnm9 r tva " .i 0. A (jtattm liftliOTf'X mjt im. io tHt wor or "in H'ar.s t 1 Hk ioyr of )M. T'i writs? forrvpS-uT Uloftriiti prii.i! ftatir. sb Vic I rrv co?irci ar4 pLasecf Wir,4fntll eon! Miction aotf . i tLa ARrV.OTOR CO. Bk '11 f Cf & 1- - - -1- id w - 1 GRATEFUL COMFORTING. EPPS'S COCOA. BREAKFAST. "Py a tlioruub know l-dca of the natural lavg which jrovorn the ipt rations of diirritlon and nutrition, and I t a c arei'ul application of the fin proper tr f wfl'-ei'f!tl ("oc ia, Mr. Kpps baa proridf4 our hroakfait tal'li' with dsl'cst. Ijr flarorel bTer sza Mvh mi) ne us mauy tenrj doctors' tills. II Is !t xhf jjilloiouK use oi Mich article ol dlt that a oiittilutiou i:inT be t;raiufclly built un until stror.f enoi.Rh to T'tifl -tptj teudenfjr to disea,. Hun. dre'l of hiibtle rasladl aro floating around vi ready tn attack wtierpor there ia a wak j oint. W may many a lata iha't by k(.!n eursslre we. I fortifie-l with t-nre b'tood i 1 a rrojtirly nourished fratii." Virl ivrrlee iarette. Maaesimt !y with hoilingwaterormllk. Poldonty in tia1f-tourrt tin, br lin.cn, labelled thai: JAMES KIT A. CO., Uomworsthls Chrai.ta. Loudon, LnglaaA. CTitc?ir.t.rr- Fna-ltatj rHaimaa Rratl EMHYROYAL PILLS fJL?. And Only Gcnalnft. f l rsrt ir I'hirhrmtm jr; ! A Wl'k hiU H'.h tB. TslLs thor. A -A' inf"-wi '.- V I '.unt and Im raft . a t I ru rife. r iifl 4 I W -JJ in tnia fi-r j arttenmra. t "aimoniaia arl fy Mull. l.Oi l -.il-ao li. A.m. havr. filrhr.tcr. tciuJcai t-ila1'a "num. Eakl tiy all Loeil lruu,MM. i'bUada i'a. THC CELEDRATED Smiih 6 IVcscsn Rsvalvcrs Cstrssteci Ferfcrt. lir-f ACCURACY. CL'P.ABlLITT, Jj-i-rriJ WORKMANSHIP. SAFETY ind CONVENIENCE in LOADING. iie'.uarecf cheap iron imitation. Sf "d for ll'rstrated Cat.Votr-ie and Price lirt to r fj yn want wat'-k f-ee t end for e wt ill li J muc ttiakn mud rtutrm U 1. V. lie Ktft4. that every act shall embrace but one subject an.l further iieerted that in confiscating ttie property of the oU board it was ia direct violation of tho fourteenth amcfld EQeut to tho L. constitution. SMUGGLERS IN THE NAVY. nifib OfNcers of the t'nlted Stntea Amoafl Thoso Invold. San Frani isco, June 10. The Chroniclt ptatea that a treasury aent visited Mare inland navy yard last week and made certain discoveries which indicate that a hree quantity cf dutiable luerchandisi has b;Mi brought into thia country bj several American war vessels which re cently returned from Chinese atationf and that no revenue charges wero paid on it. - Tho U. S. eteamer Omaha arrived a lew weeks ao and went to Mare island with out bein inspected by customs officers. When the treasury atront visited the yard list it is claimed that he found a large rjuantity of flilk gowns and costly bric-a-brac in tho oilicer's ouartersof the Omaha, amounting to Rcverat thousand dollars in value. Many of thee articles were in clotd in packages ready for shipment to various eastern points. It is aleo said that the entire consignment baa been seized by the customs authorities and submitted ta the appraiser at this port. One6ilk gown, it is claimed, has been appraised at nearly $1,00.1. The Chronicle etateH that someol the principal ollicers of the Omaha and one or two oiiicers of the riwatara, which returned from China several months atro, are concerned in the smueplinc and that ! action is being taken in the matter by the navy and treasury department! in Washington. Will Stick to Ula Pulpit. Pitts bi eg, June 11. The Rer. 0. B. Milligan, pastor of the East End Reformed presbyterian church, and one of the young ministers expelled from the church by the synod, has decided to hold his church. On next Sunday witn 150 followers he will occupy his old pulpit and he proposes to continue aa pastor ol the church. The opposition to the Rev. Mr. Million is not so very strong and it ia not likely that there will be any mora trouble.

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