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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Feb. 12, 1895)
T3E MOEHHT& OEEGOOTAK; TTjgjgpAX, EEBRTJABY .12. 1895. INDIAN WAR CLAIMS IETTBR TO THE OREGON DELEGA TION IX CONGRESS. Joint Memorial of Oregon' XeKisl& tnre Fonrardcd to "Washington. "VVitli Lord's Aiprovul. S.AL.EM, Or.. Feb. 1L A copy of the fol lowing: letter -was mailed from the ex ecutive department today to each of Ore son's delegates in congress. It is Gov ernor Lord's approval of the joint me morial of the Oregon legislature relative to the payment of certain money to the Ini'an war veterans by the national gov ernment. The letter bears Ihe date of February 9, the signature of his excel lency William P. Lord, and is as follows: "I herewith transmit a copy of H. J. iL No 6 of the legislature of Oregon to con gress. This memorial has my earnest ap proval. It plainly states established fact. The sum of 5G.01L459 was found by a com mission of the United States to be right ly owing by the government to the citi zens of the Pacific Northwest for serv ices rendered and property furnished or destroyed in the Indian wars of 1855 and JS56. It was scaled down arbitrarily al most one-half in I860 by the third auditor of the treasury, and there is justly due the citizens of Oregon and Washington the sum of $3,295,W8. Delay In payment Is Indefensible. I should be gratified to have Oregon's delegation In congress give this memorial careful attention at an early day and sarnestly support such measure as it indicates." The following proceedings were had in the supreme court today: Hanford Towle, appellant, vs. the Tem perance House, respondent; appeal from Polk. This wa3 an appeal from an order denying a preliminary injunction and the appeal was dismissed. Opinion per curiam. B. H. Bowman, appellant vs. J. H. Metzger and Eliza Metzger. respondent-); appeal from Multnomah. Judgment re versed and a new trial ordered. Opinion by Wolverton, J. Wimer Bros. & Co., appellants, -vs. George Simmons et al., respondents, ap peal from Josephine; Judgment affirmed. Opinion by Wolverton, J. Morris Allen, respondent, vs. J. S. Ager et al., appellants; appeal from Benton; judgment amrmed. Opinion by Bean, J. C. Motions for rehearing were denied in the cases of Van Bibber vs. Plunkett and Kinman vs. Terry. In M. Wood vs. J. A. Wood, appellants, default was excused, time allowed, and fespondent's motion for affirmance over ruled. J. W. Brigham, respondent, vs. George Li. Hibbard, appellant; ordered on' stipula tion that the appellant have until March 1 to serve and file reply to brief. T. J. Kenny, retpendent, vs. Enoch Walker et al.; ordered on stipulation that respondent have until April 13 to serve and file brief. Fred Kranshoos et al., respondents, vs. Faul Hank et al., appellants; appeal from Washington; argued and submitted. John Berger, appellant, vs. O. D. Tay lor et al., respondents; E. B. Dufur for appellant; respondents attorney not ap pearing; defendant was excused and ap pellant allowed time to file brief. Articles of Incorporation were filed with the secretary of state today as follows: St. John Scandinavian Evangelical Lu theran congregation, of Sllverton, with $73 as Its estimated property, and G. M. Opsund, K. Furrul and Olaf Olson the in corporators. The Oregon Trading Company, of As toria; capital stock. $13,000. Isadore Greenbaum. S. Greenbaum, Hyman Pearl and S. Friedman are the gentlemen in fereytecr inW2rcompairyi,',tney'having taken "51 shares of the 15,000 ordered. Notarial appointments by the governor today consisted of the following: H. W. Wesco. W. A. Cleland, Ida H. Vaughn, of Portland; H. C Plummer. of Sherwood; J. R. Dickson, Pendleton; Frank W. Fenton, McMinnville; L. J. Da is. Union; William P. Lathrop and James A. Howard. Pendleton: H. H. In galls and C. H. Higgins, Astoria; Henry A. Smith. Beuiah, Malheur county; James M. Johns. Arlington; William H. Smith, Salem. A suit in equity for a partition of per sonal property wheat in the warehouse connected with the Silverton mill was commenced here today by A. Coolidge and F. McClaln. John Porter and H. H. Remington, vs. J. S. Cochran, J. W. Coch ran. Harry S. Starratt et al. A receiver was appointed for the mill and warehouse In the person of L. J. Arams, the former manager. EX-JUDGE L. O. STERNS DEAD. He "Was for Many Tenre Prominent in HaUcr Conuty. BAKER CITY. Or.. Feb. 11. Ex-Judge L. O. Sterns died at his home here Satur day. February 9. 1893. The funeral took p'are today, under the auspices of the Ba fcer County Bar Association and the Baker County Pioneer Association. (L. O. Sterns was born in "Upper Cana da in 1S33, of American parents, whose ancestors fought in the Revolution and the war of 1812 for the American cause. He was reared in Michigan, and was edu cated in the state university. He read law with Governor Austin Blair, of that state, and subsequently, in 1S53, emigrated to California. He engaged first in school teaching, then in the more fascinating pursuit of mining. Again he resumed reading law, entering the office of one of California's most noted attorneys. Hon. P. Barker. Judse Sterns was admitted to the supreme .court of that state in 1852, anl in 1SC9, on motion of Hon. George H. Williams, then United States senator from Oregon, he was admitted to the supreme court of the I'nlted States. In 1S63 he was elected a delegate to the constitutional convention of the state of Nevada, and a tivcl participated in the formation of the constitution of that state. In an edi torial in the Esmeralda Times, in August of that year he first proposed the present name of that state. He came to Oregon ;n 1864, and engaged in the practice of his profession and in mining pursuits. Judge Sterns was state senator from Grant coun ty in 1866. and in 1ST was tendered the ap roiiument of judge of the circuit court for the fifth judicial district, made vacant b the resignation of Hon. J. G. Wilson, ' Jt declined, having a lucrative practice. Subsequently he was appointed judge of Baker county, nmde vacant by the resig nation of Hon. L. L. McArthur. In No 1 ember. 1870. he was married to Miss Mag p.e MahatTey. at La Grande, and four chil dren, two girls and two boys, were born to them. In Atigust. ISM, Mrs. Sterns died. In 1892, Judge Sterns moved to Washing ton, and engaged in the newspaper busi ness at Oaksdale and Colfax, and was marned at the latter place in Januarv, 1891, Accompanied by his family, he re-r-rned to linker in lStt, and remained there until his death.) THE M'MIIER CIT DOW.. Steamer Htvrco Restricted ns to Her lnejiBrcr Lint. ASTORIA. Feb. 11. The residents of II- -w aco. and particularly the officials of the Ilwaco Railway & Navigation Company. are incensed at the action of Captain Ed wards, inspector of steam vessels.in cut tine down the number of passengers and the amount of freight which the steamer Ilnaco is allowed to carry. Mr. Edwards latest order will not permit the steamer to carrv over IS tons of freight, and with that amount no passengers will be al Icwed The hardship is not so severely felt now as will be the case during the s-mer months, but occasionally passen gers are rcfused passage to this city when to freight limit Is reached before their ar rival at the dock in Ilwaco. It is claimed that j few months ago Captain Edwards issued 'a. special permit to the Hwaco to barrr20 tons of freight and ICO passengers on a trip to this city, and that, inasmuch, as the steamer is not yet five years old, it cannot reasonably be assumed that the recent restrictions are just. The residence of Peter Svenson, at Sven son's landing, about 10 miles from this city, was totally destroyed by flre today, together with its contents. No particulars of the affair could be obtained this even ing, further than that no lives were lost Two of the crew of the British bark Duncan were pitched out of one of the vessel's small boats last night, when about to row ashore to bring the captain on board. They kept themselves afloat until they drifted down to where the Celtic Queen was at anchor, and were rescued. They were thoroughly chilled, but have recovered from the effects of the immersion. Johnson & Blei this evening reopened their new variety theater, which has been the cause of such a warm controversy on account of the opposition from various sources here. They obtained their theat rical license without difficulty, but the main fight is expected to occur when they make application for a liquor license. COURT AT THE DALLES. The Schxion Will Prohnhly Not Laat Longer Than Thin Week. THE DALLES, Feb. 1L Circuit court for the February term began, this morning. The session will be a very short one, prob ably not lasting longer than this week. The law and equity dockets show a list of 57 cases, but a large number of these have been settled or will be continued. Six criminal cases will come before the court, but it is probable they will not all be tried. The following were chosen as the grand jury: Amos Root, W. F. Matlock, E. A. Grif fin, M. C. Selllck, J. M. Marden, Charles Frail and W. J. Davidson. The weather has been much colder for the last three days, and it was feared the" sudden change would affect the fruit crop. As far as can be ascertained no damage has yet been done, and, unless the tem perature becomes much lower, the trees will escape injury- The bill which has passed the legislature! giving The Dalles a new charter meets with little opposition here. Some persons who were not in, favor of all of its pro visions attempted to get up a remon strance, but before the movement could e completed the measure was passed. THROWN FROM HIS HORSE. Edward. Nnnnn. Fatally Injured by the Fall. JACKSONVILLE, Or., Feb. 1L A fatal accident occurred here yesterday evening. Edward Nunan and Walter Williams start ed on horseback to Medford, accompanied by two young friends from Ashland, in a buggy. When about 1& miles from town, young Nunan's horse threw him in such a manner that he struck on his head. There" were no external bruises, and the skin was nowhere broken. Nunan got up in a little while, and returned to town in the buggy, but walking nearly half a mile to his home. He appeared not to be serious ly hurl, but alarming symptoms soon de veloped, and he died this morning at 7 o'clock, from concussion of the brain. He was a native of Jacksonville, 20 years of age, and the eldest son of J. Nunan, a large merchant here. He was a young man of great promise and one of the prin cipal clerks in his father's store. "Work at the Champion. Mine. COTTAGE GROVE. Or.. Feb. 11. The Champion mine, at Bohemia, owned by A. B. Millard & Co., of New London, Wis., has suspended operations until the road Is passable, when they will erect a 20 stamp mill. Several men have been em ployed In preparing a millsite and extend ing; the tunnel. JThe.tunnel is cut, in quite' a distance, and sufficient quartz has been taken out to pay for putting the mill in. The ore is of a high grade, and the mine promises to develop into one of the richest in that section. Notice of Appeal in Brown's Case. ROSEBURG. Or.. Feb. 11. Saturday W. R. Willis and A. M. Crawford filed no tice of appeal in the case of the Stato vs. S. G. Brown, convicted of murder In the first degree and sentenced to be hanged Friday of this week. The matter was taken before Judge Fullerton and he or dered a stay of execution until the appeal can be heard in the supreme court. ( AT COLUMBUS. Miner National District Assembly in Sexnlon. COLUMBUS. 0..Feb. 11. The miners national district assembly of the Knights of Labor met at 10 o'clock this morning, with about 40 delegates in attendance when Master Workman Penna rapped for order. The Knights of Labor assembly constitutes one wing of the United Mine Workers' Union and the Progressive Union is the other. About six years ago the two organizations formed a federa tion under the name of the United Mine Workers, but, have ever since preserved their separate crganizatlons, except in joint conventions, and when joint action was required, as in the case of strikes, etc. A large element of the Knights of Labor are dissatisfied with their general officers and are advocating the with drawal of their assembly from the Knights of Labor. The forenoon session was occupied in hearing reports of com mittees. At the afternoon session, Messrs. Martin, Kavanagh, Mllloy, O'Reilly and Michaels, the leaders of the secession movement, were admitted to the conven tion and given a chance to address the delegates on the question of forming a new organization. Carl Browne, late "lieutenant" of "General" Coxey, ad dressed the miners' local assembly to night. John McBnde, president of the Ameri can Federation of Labor, arrived from Indianapolis last evening, and will remain during the week. He is here to meet the charges of President Adams, of the Ohio miners. Adams has charged the national officers of the Mine Workers Union with selling out the miners last June, when the national strike was settled. The convention adjourned tonight with out having decided whether or not to with draw from the general assembly. After discussing the question at great length, it was finally decided to appoint a com mittee to formulate a plan of action, with Instructions to report at a session to be held tomorrow, to which time the con vention adjourned. Debs Conspiracy Case Delnyed. CHICAGO, Feb. 11. The Debs con spiracy case was again delayed today by the illness of Juror Coe. Judge Grosscup and a physician visited the juror at his home. and. at the opening of court, the judge announced that Coe could not be In court for at least two weeks. After a lengthy consultation with the attorneys, the court said that at 2 o'clock r.J".,UUiu announce a decision as to what action would be taken. An Indianapolis Grocery Burned. 1NQIANAPOL1S. Feb. 11. At 2 o'clock this afternoon fire originated in the whole sale grocery establishment of George W. Stout, on South Meridian street. The flames were confined to the Stout estab lishment, which was entirely destroyed. The loss will reach about $115,000. on which there is $S5.000 insurance. The drug house of A. Kicfer & Co. suffered con siderably from smoke and water. This loss is also covered by insurance. Drowned in Three Feet of "Water. PITTSBURG. Feb. 11. Mrs. WUUam Seifert. wife of a prominent contractor, living on Neville island in the Ohio, walk ed across the river on the Ice today carry ing a child aged 5 and with another walk ing beside her. Near the opposite side the ice broke, and although the water was only three feet deep all were drotvned. M'BEIDE WON AGAIN DECISION" OF THE IAND OFFICERS AT OLYMFIA AFFIR3IED. Commissioner of the General Land Office Decided tlie Tncoma School Section. "Was Mineral Land. OLYMPIA, Feb. 1L The local land offi cers today received tho decision of the commissioner-general of the land office, af firming the decision of the local officials in the case of the state of Washington vs. McBride in favor of the latter. The con test involves a valuable school section in Tacoma, which is alleged by McBride to be of mineral character, and, on this as sumption, he gained a favorable decision in November last from the registrar and receiver of the Olympia land office. Re ferring to the specifications of error filed by the appellant, the commissioner says: "First, there was no error in casting the burden of proof upon the appellant. Legal application for land, duly received and of record, operates to segregate the land ap plied for, and the burden of proof is upon whoever attacks it. "Second, the letter of instructions from secretary of the interior to the local land officers fixed the time within which evi dence regarding mineral character of land should be obtained, and it would have been improper to have considered evidence ob tained from explorations made by the ap pellant at other times and under other cir cumstances. "Third, it was improper to consider evi dence offered on the part of the appellee. obtained by tests made at other than the time indicated by the secretary of the in terior; hence the evidence of F. D. Wil son, J. W. RIgney and, perhaps, some oth ers, was Improperly considered, and will be ignored. "Fourth, evidence offered for the pur pose of proving that the claim was 'salted' rests on the testimony of J. M. Blcom, which is to the effect that McBride ar ranged with him to 'isslV the claim, and is denied by McBride, and must be adjudged as not proved. The fact that, at the in stance of McBride, Bloom agreed to do so, under such circumstances, could have no bearing, standing by itself, even were the agreement conceded. Further, it cannot be denied that it is not at all unusual to find more than one kind of gold in the same mining location, so this fact proves nothing. "Fifth, the allegation of error in refus ing to consider the evidence of C. B. Za briskie Is not well taken. He was called by the appellant to prove a conversation with another person in relation to 'salting claims. It would make no difference what conversations were held with any one, be ing strangers to the record, McBride would not be bound thereby. "Sixth, regarding the alleged error in not having considered separately each lo cation as to the results obtained from the local tests made is a point well taken, as a general principle, but, as both parties in this case proceeded on the assumption that the deposits in the respective locations approximate uniformity of value, ac tion in not considering the results sep arately will not affect the case." The specification that it was error to have fouad the land in controversy, or any portion of it, mineral In character is treat ed at considerable length, and the evidence of a number of witnesses is reviewed, and the opinion concludes:, "From a former decision of the secre tary of the interior as to the feasibility of procuring water, the feasibility of obtain ing a dump, and the right of way, and other collateral matters, the commissioner concludes that, even if the average value of the six locations made is but 7 cents per cubic yard, the claim may be operated at a profit, which conclusion renders the land mineral in character, within the meaning of the statute. The contestant has failed to overcome the presumption attaching to the mineral application, and the decision of the local land officers, of November 17, last, in favor of McBride, Is affirmed, and the contest dismissed." The estimated value of the land is $1,000. 0C0. The state has expended $23,000 in fighting McBride's claim and will imme diately appeal to the secretary of the in terior and take the matter to the supreme court if necessary. DAMAGED BY A COLLISION. The Steamer Victoria. "Will Go to Kobe for Repairs. TACOMA. Feb. 11. The Northern Pa cific Steamship Company has received a cable from Nagasaki, Japan, announc ing that the steamer Victoria, due here February 21. was damaged by a collision January 28, at Shimonosiki, Japan, and had proceeded to Kobe for repairs. No one was injured by the collision. Further details are not given, except that the steamer will be delayed three weeks. This will bring her here March 14. The for warding of the United States mails will be somewhat interfered with, as the post office department Saturday ordered all Oriental mails arriving at San Francisco after the sailing of the Oceanic to be sent here for dispatch on the Victoria, sched uled to sail February 2S. It is possible the company will send back the steamer Ta coma, which arrived at Yokohama from Tacoma a few days ago. A good share of the Victoria's cargo has arrived here, in cluding seven car loads of cotton from Cairo. 111. OTHER WASHINGTON NEWS. Too Mnclt Religions Excitement. A case that is exciting considerable In terest at Oakesdale, Wash., is that of George Newton, a section foreman, on tho O. R. & N. Mr. Newton has been attend ing very regularly the revival meetings and has taken great interest in religion. Of late, however. Newton has shown symptoms of insanity, and has been act ing very strangely at the meetings, and has caused considerable trouble to the members of the church. He gave up his situation a few days ago, claiming that the Lord had commanded him to do so. Died Front Entlng- Poisoned Plains. SEATTLE, Feb. 11. Hazel Flynnthe 5 year - old daughter of Thomas Flynn, of Ballard, died this evening from the effects! of eating poisoned canned plums Friday evening. Two children of Mrs. Ray and another one of Flynn's children, and the mothers, are also sick from the same cause, but they are not considered in dan ger. No inquest will be held, as the death is plainly accidental. Coulcntx's Shortage. WALLA WALLA, Feb. 11. Expert Young filed a report with the directors of the penitentiary today, and left for Olym pia, with a duplicate for Governor Mc Graw. The exact amount of Coblentz's shortage is $12,467 54. The investigating committee is expected daily. ABOUT THINGS RELIGIOUS Immersion in Iced Water. LANCASTER, Pa.. Feb. 1L With the thermometer hovering near zero, the Bap tist River Brethren, or Dunkards, cut a hole in the Ice at Conestoga creek, at EarlvtHe. yesterday, and baptized Miss Groff and Miss Lizzie Stump, of Bare ville. The Rev. John Graybill and the candidates stood waist deep in the icy wa ter, asking and answering questions In Pennsylvania German. Then there were prayers, and the final plunge of the candi dates' heads under the surface of the stream, until their entire bodies were sub merged. Another prayer was offered that their names might be written in the book, of life, and the ceremony, which occupied five minutes, was over. Highly Edified. NANAIMO. B. C Feb. 1L St. An drew's Presbyterian church was last even ing crowded to the doors to hear the at tack upon the Rev. Mr. McRae by the edi- 1 tor of the Free Press refuted. The con gregation were edified bylkn.hour and a half discourse, and shouts! of laughter were produced, particularly at seeing the minister place himself injbattle array with clenched fists over thVglble. No Need of CkHriAes. ATLANTA, Ga.. Feb'liT The Rev. J. B. Hawthorne, pastor ofTthe First Bap tist church, preached a sermon yesterday over the telephone, and all in Atlanta, Athens, Griffin, Macon andOdadison, who had telephone connections, listened. t THE SICK AND -THE BEAD Historian and Litterateur. NEW ORLEANS. Feb. lL-Charles Gav arre, the venerable historian and littera teur, died this morning, aged .20. He was a native of this city, of noble birth, and famous In this state for having introduced the culture of indigo and sugar cane, and as the first mayor of this .city. He wrote a "History of Louisiana," ''Influence of Me chanic Arts on the Destinies of the Hu man Race," and several other works. (Charles Etlenne Arthur;Gavarre was born in New Orleans, January 9. 1803. He was educated at the College of New Orleans. In 1823, the draft of a criminal code having been laid before the state leg islature by Edward Livingston, Gavarre published a pamphlet opposing some of its provisions, particularly- that relating to the abolition of capital punishment. He went to Philadelphia in -1S2S. studied law and was admitted 0 the bar there In 1829, returning to New Orleans in 1830. In the same year he was elected to the legis lature, and was chosen "byf that body to write an address complimenting the French chamber on the revolution of 1830. He was appointed deputy attorney general of the state in 1S3L and In 1833 presiding judge of the pityxourt of New Orleans. In 1835 he wps elected to the United States senate, but Impaired health prevented his taking- his seat, and he went to Europe, where he regained for nearly eight years. In 1S44 he agajn entered the state legislature, and was re-elected in 184G. He was appointed secretary of state in the. latter year and agalaJn 1830, retain ing the place for sevdn jrears. In 1833 Judge Gavarre was an unsuccessful in dependent candidate for congress. Dur ing the civil war he espoused the cause of the seceding states, and in 1863 delivered an address urging the arming- of the slaves and their emancipation, conditional on the recognition of the Confederacy by France and England. Since the- war he was for some time reporter of the state supreme court. He wrote a number of historical works, two plays and several literary and political addresses, among which are two lectures on -"The Influence of the Mechanic Arts.") . IV. W. Stow's Sadden Death. SAN FRANCISCO, Teb. 11. W. W. Stow, park commlsslone'and a well known politician, droppei) dead In his of fice at 4 o'clock this afternoon. ' (W. W. Stow came ok1 Revolutionary stock. His grandfather served with the American army in the revolution. On the maternal side he was ol'the prominent Whitney family, of New Tork, of which ex-Secretary Whitney is a Representative. His uncle, Josua Whitney-.lwas noted in the industries of that stati. He was a large owner of timber lanes, and was a. heavy shipper. He also owned large tracts of farming' land, grst mills, etc. Mr. Stow arrived in California in May, 1832, having made the journW by way of Nicaragua, and with that "uate he was ever afterward identified. Hi first settled in Santa Cruz county, and in 1853 was elected to the legislature f roa that county as an independent candidate- He was a whig In politics then, and the county was. democratic. Again in 1S54 he was elected, and was chosen speaker of tie house. He declined other political office; md resumed his law-practice, settling In San Francisco. Mr. Stow was one of thefoahsel for the Central Pacific for maH5225and'"aoted en uii ogcub ill auuua nalUttr vur inc. time of his death. He wai -Tlyeajrs of age, and left four sons and two daughters. Gcn-ral Montgomery Corse. ALEXANDRIA. Va.. Feb. U.-General Montgomery Corse died here today of old age. He was born in 1S16, -and served in the Mexican war .as captain-. In the civil war he was colonel of he Seventeenth Virginia regiment, and was afterwards promoted to be brigadier-general. (Montgomery Dent Corse was born In Alexandria (then in the District of Co lumbia), March 14. 1816. He served as a captain in the Mexican war, and lived in California from April, 1819. 'till December, 1835, when he returned to Virginia and be came a banker in Alexandria. He entered the Confederate service in May, 1861, as colonel of the Seventeenth Virginia regi ment. He was wounded in the second bat tle of Bull Run, and engaged at Boone boro and Antietam. He "was commis sioned a brigadier-general in November, 1S62; commanded a brigade in Pickett's division in the expedition against Knox ville. and was captured at Sailors' creek, Va., April 6, 1865. After the war he re sumed the business of a banker and bro ker at Alexandria till 1874.) Ex-Minister Stevens' Fnneral. AUGUSTA. Me.. Feb. ll.--The funeral of the late Hon. John L. Stevens, ex-minister to the Hawaiian islands, was held this forenoon. The casket containing the remains rested in the study of his late residence, beneath wreaths of flowers. At 10:30 A. M. there were brief exercises at the house. At 11 o'clock a public cere mony followed at the Winthrop-street Universalist church, of which the de ceased was a member. Theservlces were conducted by the Rev. N.'S. Whitman. The burial was in the family lot at Hallowell. Archdnkc Albrecliti Dying:. VIENNA, Feb. 11. Archduke Albrecht is dying from congestion of the lungs. PROTEST FROM DR. AMICK He Says Consumptives Shoaltl Not Be Sent to the Pcsthonsc. CINCINNATI, oT"Feb. 11. (Special.) Dr. W. R. Amick, the eminent consumptive specialist of this city, has created a national sensation by hls decided opposition to the ordj'r of the hospital authorities' toJ send 100 consumptives to the smallpox pest house. His experience in the institution convinces him that it is unjustifiable and brutal. He has, through his attorneys, entered protest, and in the Cincinnati Tribune presents a formidable array of scientific facts against the contagion theory of consumption, which covers that theory with ridicule. A hot newspaper controversy is tne result. The Amick Chemical Company, compounder of the Amick remedies, is mailing to physicians, consumptives and all applicants extra copies of the Tribune containing explana tory charts of his theory. m ' He Toole Strychnine. FAYEi.MLLE, Ark., Feb. 11. J. L. Dickson, cashier of the Mcllroy Banking Company, up to the first of January, and whose accounts showed a shortage of $21, 000, took his life with strychnine, when his bondsmen called to get' a statement from him. He May Recover. SAN FRANCISCO, Feb. 11. H. A. Reld, a Santa Rosa merchant, was almost as phyxiated in a lodging-house this morn ing. The gas was turned on all night, supposed accidentally. He is now at the receiving hospital and may recover. e Bljc Blaze in Kansas City. KANSAS CITY. Feb. 1L Reeves & Co.'s straw-packing factory and the build ings of the Campbell Paint Company and the Creamery Supply Company, on Elev enth street, burned this afternoon, caus ing a loss of $100,000. a Hcn-rinR- Again Postponed. JERSEY CITY. N. J.. Feb. U. The hearing in the J. Coleman Drayton suit against his wife for divorce- was again postponed today until next Monday. THE BROTHER'S STORY ADRY HAYWARD TOLD OF HARRY'S CAREER OF WICKEDNESS. Many Dramatic Scenes in tbe Court room. Between the Mother and Her Two Sons. MINNEAPOLIS. Feb. 11. Adry Hay ward; brother of the man accused of mur dering Catherine Ging, was in court this morning before the trial began. His wife sat beside him. with traces of recent tears upon her cheeks, but Adry main tained a mask of smiles and joviality. When Harry was brought in by the depu ties, the eyes of the two brothers met, but there was no sign of recognition other than a smile cf commiseration on the face of Harry. Dr. Thaddeus T. Hayward, the third brother, was present, and was visibly more cordial to Harry than to Adry. It is understood he will so on the stand end state that his brother Adry is mentally incapable and, in fact, insane. When asked this morning whether he would be a witness, ne refused to either affirm or deny it, and when further ques tioned as to whether Adry is insane, he replied: "If he is not, he's been very near it sev eral times in the past." The direct examination of ex-Mayor Eustis was. resumed at the opening- ot the court, with the story of his interview in the Oneida bank with Harry Hayward about the loans he had made Miss Ging. Mr. Erwin interposed an objection that the information had been obtained under duress, but this was overruled and the mayor repeated the now familiar story. The cross-examination developed nothing but objections from the state, which were sustained and exceptions noted by the defense. Adry Hayward was then called to the stand, and a buzz of subdusd interest went around the courtroom. He stated that he was 33 years old, and Harry was 29 years "of age. He had comi to Minne apolis 25 years ago from Macoupin county, II!., where he was born. He was married and had two children. He was employed in his father's office, where he transacted most of the loan and rental business. Harry was not employed there, but often came there. Harry had told him that last summer and fall he was engaged in loaning money on diamonds. Harry had also told him that he gambled some. He told him of having loaned money for Miss Ging and having gambled with her money. At this point. Mr. Er win arose and impressively said: "I wish to enter an objection here. This witness has a delusion on this subject "I don't see that he is any more insane i than some of tho attorneys in this case," said the court. "I take an exception to the court's rul ing, and to the court's remark before this jury," retorted Erwin. With that remark he sat down, and the examination proceeded. Adry continued: "He told me that she had some notes secured by a mortgage on a flour mill at Hamel, and asked me to go out with him to Hamel and see about it. We drove -out and I advised him against the loan. He made it. Three weeks later he came in and said he had been very lucky, as the mill had burned, and he would probably get the money to handle. About the mid dle of September he asked me if I wanted to make good money. I said yes, and he said I could get about $2000 if I was not too particular. He asked me if I was will ing to kill a woman for $2000. I said I was not willing to kill anybody. He said it was easy to do it, and nobody would be suspicious of me. After that he said he knew a. hackman that would do anything for him. He said it would be easy to kill heruin a hack, and, if necessary, the "haclfman could be killed too. I asked him if the hackman had a fam ily, and he said he had. I then said It would be an awful thing to kill a wom an, let alone a hackman. After that he suggested getting her drowned in a lake, but that looked too much like suicide, and he gave it up. Then he wondered how she would fall if he took her riding in a buggy and they should strike a boulder; whether she would fall in or out. After that he talked about getting her tangled up in the lines and having the horse run away." Adry then told how on the morning of November 6 Adry had come to his flat. The witness said: "He took out a package of money and asked me if my vault was open. I said no, as it was election day. I went with him to breakfast, and he said to say noth ing of the money, as he was supposed to be busted. He also showed me a pawn ticket and three diamond rings. Then he said he was through with me, and that I had no nerve. He had found a man. however, who had nerve an ex-policeman, named C. A. Blixt. Then he showed me the bills again, and I made a play to grab them. One of them looked like a $100 bill. All the rest looked $1 bills. Late in the day he told Albert Johnson in our office that he was going into the millinery and dressmaking business with a little woman who was smart, and knew all about it. Johnson advised him not to do so, as sooner or later the woman would do him up." Turning to the question of life insur ance, the witness said: "He said the dressmaker had been up In the New York Life, had passed the ex amination all right, and there was some mistake about the papers, as they had to be sent back. She had made a mistake in taking out a $3000, instead of a $7000 policy. He was quite angry, and said: 'Damn her' hardly ever swore 'the fool; I'll kill her now anyhow, if I don't ever get a cent. I'll make more out of it now that she has made such a bull of it He went into father's office and made out three notes on blank forms. These were signed on a Saturday. Harry told me the dressmaker was coming, and said: 'I'll have vou sign them as a witness. I said: 'I guess not. I won't have any thing to do with it.' Then Harry said: Til have Black for one, and Blixt for the other. If you don't want to sign, you'd better get out of here.' "I then left to do some collecting, and went home to luncheon. He told me Mon day that the notes were signed. Tuesday he wanted me to let him have a large bill for some $1 bills. I gave him a $20 and a $50 bill. The next day he wanted me to take 50 $1 bills to the bank, get a draft, and then change my mind and get other money in their place. He offered me $1 to do it, but I refused. He was quite angry, and finally I took the money myself, and he came into the office and asked me if it was not time to sacrifice the dressmaker. I said: 'Harry, you're not going to kill the dressmaker, are you?' He said, 'Yes, we arc. She'll have to be the victim this time.' I said, 'Harry, you must not do it; it's awful. He replied, 'She's got to go this time.' I said, 'Harry, you must not do this. If you don't quit this idea, I'll report you.' His hands were clutching and he looked wild. I am not naturally afraid of anybody, but I was afraid of him then. I moved slowly to where my coat and hat were hanging, and was just making for the door when Harry came ifter me. I told him I was going for a walk until he cooled off. I went to my rooms and got my revolver, and finally went back to the office. Harry was still there, but was cooler. I repeated to Harry that he must not think of such a thing. He said it was nothing: to kill people. He had caused the death of three persons." "We move to have that struck out," put in Erwin. "Denied," said the court promptly. "He said," the witness continued, "that he had killed two persons in the East, and had killed a third, but he stopped there, and would say nothing more. He also said he caused a fire in the East, where the loss was $450,000. He said he got $2000 for doings it. I told him that If he killed her she would haunt him. He said: 'People may dream of such things, but If you i had any nerve you would s ot and kill somebody. It don't make any. difference, so long as you kill someone: kill a. crip ple; it's better for them to die than live, anyway. Go out and kill some one, and 1 will give you $100. I asked him how he would know that I had done it, and he said he would see it in the papers. I said I would not do It. That was the last con versation I had with him. I did not want to say anything about it, as it was a fam ily affair, but I went and told Elder Stew art " "Hold on, there; we object as imma terial." said Erwin. The objection was sustained, but Adry was allowed to state that he made a com munication to Mr. Stewart, and went on as follows: "On the Saturday following, Harry walked along with me as I was making some collections. He said: 'You'd better be a little careful where you are for the next three or four days; something may happen.' I talked to him all I could, and told him he must not think of such a thing. That everiins he came to my flat. and said I had better take my wife and go to the theater. I told him I would do as I damned pleased. He said something might happen, and my wife's evidence as to my whereabouts would be no good. I stayed at home all evening. The next morning: Harry saw me out looking for a paper. He smiled and asked me If I thought something had happened. Soon after half past seven, the night of the murder, Harry came to my flat and asked me for $5. I gave it to him, and then he said, 'You'd better go to the theater to night. Take your wife and go; something is going to happen. He seemed a little excited it was one of the few times I ever saw him excited. I took him liy the arm and tried to restrain him. He broke loose and said, 'I've no time to fool now; I'm in a hurry. My wife sat there rocking the baby." "Then he asked me to go' into his room about 9:30 and see if his revolver was under his pillow. I refused, and then he asked me to raise the curtain in my room so that he could see the light about 10 o'clock. I refused to do that, too. Then he went away. I asked my wife if she did not want to go up and make a visit to my father's. At first she said she was too tired, but we finally went When we got home, or soon afterward, I heard a quick step in the hallway and then saw a light in Harry's room. I heard nothing more until 3 o'clock in the morning, when harry came to the door and said: 'Some thins has happened. Miss Ging has been murdered. She was found dead in the road near lake Calhoun. He asked me to come into his flat and I did so. He got out his Colt's revolver and cleaned it. There was very little dirt on it. While he was doing this he said, 'It's like pick ing up money.' "Then he laid down on the couch with his overcoat over him. I went back to my flat. We got up early the next morn ing to get a paper." There was a dramatic scene after court had adjourned. The mother of the boys, one the accused and the other the ac cuser, was in court and heard the story that fell from the lips of her eldest born. She was torn by conflicting emotions, ap parently not knowing to which of her two sons to turn. Finally she put an arm about the neck of each and attempted to draw them together, tears streaming down her face. But Adry would not thus be reconciled. He tore himself away from the motherly embrace and with a gasping sob went out of the courtroom, while the deputy put the handcuffs On Harry and led him back to the jail. "Look him in the eye, Harry; look him in the eye." These words came In an excited whis per from the knot of people around the prisoner, and were spoken by the mother of Harry Hayward during the most ex citing moment of the trial today, at the afternoon session. Never had there been such a crowd. The courtroom was packed to suffocation, and everything was de pressed. There was an air almost of ter ror in the atmosphere. The faces of the vast concourse of people bore expressions as if their minds were laboring- under great mental disturbance. Gradually from the time that W.W. Erwin had taken Adry Hayward for cross-examination this feel ing had been growing. It reached its height when Erwin asked Adry to explain how his brother acted when he told him he would hang if he persisted in following out his scheme. Adry explained how his brother had turned black in the- face with passion; how he had bent toward him and passed his fingers around his neck. In or der to fully explain it and make the wit ness appear more ridiculous to the ex perts, Erwin asked him to illustrate the action. The witness stepped easily from his chair to the table where Erwin and the prisoner sat. He went over the story and explained his brother's actions. As he bent over, his face was only a few feet from that of his brother and facing him. Harry sat somewhat limp In his chair, leaning backward. The scene about him was much like the corner of a ring in which a pugilistic champion had received a blow. Every' eye in that room was bent upon the scene. Every form was half raised from its seat. There was a rustle of excitement about Harry. The mother of the boys cried: "Look him in the eye, Harry; look him in the eye." Harry did not move. His mother shook him, and he roused himself, and, leaning far over the table toward his brother, his head on his hands, tried to catch his brother's eye. Adry was talking so rap idly that he had not seen him, and Harry could not catch his gaze. He slid back in his chair and looked at his mother, as if to say that he was not equal to it. If that eye could have controlled the elder broth er in the past, it had grown powerless. The day was filled with exciting inci dents. Once, when Mr. Erwin asked if he had any affection for his brother, he replied that he had. Then he asked, know ing Mr. Erwin's intention, if Mr. Erwin would have gone and told anybody if he had been in his position. Mr. Erwin was a trifle excited, and asked the court if he might answer, and, to his surprise, the court said he might. Then, for a moment, all his pent-up feelings burst forth in a short, scathing sentence, in which he gave Adry to understand that if he thought his brother was crazy or intending crime, he would have moved heaven and earth to prevent it. It was a startling scene for a moment. The cross-examination of Adry was virulent and exhaustive. At times the witness grew vexed and flung retorts at the attorney. At no time, however, did he show himself lackingmen tally. He did show some animus against Harry, however, at times, but in all the long examination he did not contradict his original story, told In the morning. The attorney put abstruse and complex questions, in efforts to obtain results for his experts, but he apparently failed. Adry, however, made hardly as good a witness as Blixt, for the reason that he talked too much. He repeated his story on cross - examination almost word for word as given on his direct examination. The most dramatic and affecting scene occurred on adjournment. Hardly had the crowd began to move toward the doors than Adry Hayward pushed his way to his mother's side. Mrs. Hayward turned, and the tears sprung to her eyes as she leaned forward into Adry's arms. Tender ly the son kissed his mother, who sobbed out: "Adry. Adry, how could you do it?" re ferring to the testimony he had just placed on record against his brother's life, Adry was visibly affected, and placing his hands to his eyes, his other arm en circling his mother's form, replied: "I had to, mother; it was my duty." Then placing his hand upon his shoulder, he endeavored to comfort her. Harry, who -stood by during this affecting scene, stepped forward and pushed Adry's hand from the mother's shoulder, exclaiming: "Don't. Adry. Can't you see you are exciting her?" Adry fell back, and Mrs. Hayward stood sobbing for a time in Harry's arms. The usher advanced and led Tier from the room. AN IRRIGATION QUESTION. Decision. Asralnst the Bear Valley Ir rigatlon. Company. LOS ANGELES. CM.. Feb. 11. Judge Ross, of the United States circuit court, today handed down a lengthy opinion in the case of James Gilbert Foster vs. the Bear Valley Irrigation Company, in which he decided in favor of the plaintiff, who represented about 4000 persons" in ancl about Redlands, Cal., who were holders oC class "A". certificates of the Bear Valley; Land it Water Company, of whom tho defendant is successor in interest- The Bear Valley Land & Water Company, went Into insolvency and a receiver-has been appointed. Prior to this that com pany Jevled $2 per year additional to reg ular charges upon holders of class "A" certificates. The company did this be cause the corporation had, by tapping ad ditional sources of supply, greatly In creased the flow in the Redlands canal, from which the certificate-holders toolc water. The latter, however, objected to this additional charge and the opinion de cides that the receiver shall recall tho notices sent to class "A" subscribers, demanding that they pay this additional ' charge. The court bases hc decision oa the legal principle estoppel. Sarah Althcn. Terry's Estate. SAN FRANCISCO, Feb. 11. R. Porter Ashe, as guardian of the estate of Sarah. Althea Terry, this morning showed that the estate is Insolvent and is indebted to him for money advanced for Mrs. Terry'a maintenance in the Stockton insane asy lum. The property comprises a house and lot in Fresno which is now worth- only; $6000 and is mortgaged to the Pacific bank for $9500. Thomas H. Williams', jr., will contest the account. Asho asked for an investigation of the statement and that he be reinstated, displacing Williams. Reel B. Terry, a. nephew of the late Judge David S. Terry, supports Ashe in his con troversy with Williams. m An Insolvent Bnnlc Dividend. WASHINGTON. Feb. 11. 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