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About The Yamhill County reporter. (McMinnville, Or.) 1886-1904 | View Entire Issue (Dec. 14, 1900)
YiMiHLi min mini. D. 1. LATER NEWS. Hay may resign if the canal treaty is amended. Lord Boberts was given an ovation at Cape Town. The United States wants Chiriqui for a coaling station. There is little change in the Santa Fe strike situation. Charles A. Towne was sworn in as senator from Minnesota. The house passed the legislative, ex An Interesting Collection of Items From the ecutive and judicial bill. Two Hemispheres Presented in a The tension between Holland and Condensed Form. Portugal is increasing. Benjamin Wise was held at Salem, The ministers at Pekin have reached Or., for arson at Silverton. tn agreement. A house Bepublican caucus decided The new war revenue bill will reduce to stand by the war-tax bill. taxation $40,000,348. The sultan of Turkey dined officers The pension roll for the coming year of the battle-ship Kentucky. will calljor $142,0.10,000. Von Bulow explained why Emperor The governor of Shanghai publicly William would not receive Kruger. executed 80 Boxer leaders. Erection of poles and wires for an Sceretary Gage’s estimate for govern other lighting system began in Salem, ment expense is $626,741,762. George von L. Meyer, of Boston, will Or. Four men were killed by an explo be appointed ambassador to Italy. sion in the Union Pacific tunnel at Charles A. Towne accepted the ap pointment of senator from Minnesota. Aspen. Attacks on Salisbury and Chamber- McCall made a sensational speech in lain were made in the British nouse of the house against holding the Philip oommons. pines. Only $600,000 can be obtained from A small American force louted a this session of congress for the Colum band of rebels at Santo Domingo, bia jetty. Luzon. The Oregon supreme court upholds Contract for erection of Salem, Or., the street improvement section of the postoftice has been awarded to a Chi Portland city charter. cago firm. Cases of smallpox have been found Ina street duel in a West Virginia frequently in Lima, Peru, and the pub town a minister was killed by a prom lic is alarmed, fearing a spread of the inent lawyer. disease. It 1 b estimated that taxable valuation The Idaho supreme court decides of Oregon for 1900 will be about $2,- that patented mining property is to be 000,000 less than in 1800. regarded the same as other realty for Fire in the Cambridge, Ohio, works J purposes of taxation. of the American Tinplate Company, caused a loss on finished tin alone of j The Austrian corvette Donan has ar rived at Lima, Peru, bringing Bela lietween $175,000 and $200,000. Bakoweghy, commissioner of the Aus John Luke Hely-Hutchinson, fifth trian government, who is visiting the earl of Donoghmore, it one time assist consulates of South America. ant commissioner in Eastern Kou- ' A special from Shanghai announces mania, died of paralysis, in London. that Li Hung Chang’s Manchu secre Bobbers raided the office of the West tary, Yoko, lias been arrested by order ern Lumber Company in Portland, Or., I of Field Marshal Count von Waldersee, just before the employes were ready to on the charge of communicating with receive their November wages in coin, the Boxers. ami secured $4,700. The third annual cowboy and Indian At New York, the Pasig-Tipton Com- ! carnival opened in Phoenix, Arizona, pany closed the most successful auction with a great parade of vaqueros, red sale of trotting and pacing horses in its j men and Chinese. After the parade, history. The proceeds of the sale were in a wild dash through the streets, an $352,180 for 702 horses, an average of Indian was thrown from his horse and about $500 a head. fatally trampled under foot. A serious cave-in occurred at the Germans are still excited over the Bay Aug. mine, nesr Dunore, l’a. Kruger incident. Fifty-one men were entombed. The Japan is much disturbed by Tokio rescuing party, after nearly three hours’ hard work, succeeded in digging into municipal scandals. the chamber in which the men were The Oregon school fund loases an entombed All were rescued, not one average of $40,000 a year. being seriously injured. The river and harbor committee is Consul-General Stowe says the Boer cutting down all estimates. war is nearly ended. The Philippines commission has pre Kruger’s mission to Europe was frus pared a tariff for the islands. trated by the Ivaiser. The execution of Yu Hsien is cer Nine men were killed in a train tain whenever envoys demand it. wreck near Suisun, Cal. The Chinese question is again said The Isthmian canal commission to be approaching a settlement. recommends the Nicaragua route. Fifty-two Filipino prisoners have Senator Fairbanks, of Indiana, in been taken by American troops. troduced a bill to admit Oklahoma as a Eulogies were pronounced in the state, with two repiesentatives. house on the late Kepresentative Har- A report comes from Queen Charlotte mei. island that the Indiana there are short Russia save all credit for securing of food. Their wants will be attended existing entente belongs to United to. States. It is reasserted in Tien Tain that the Johannesburg wlil be fenced around Germans lost 20 killed and many with barb wire to cut off Boers' lood wounded west of Pao Ting Fu. wheie •upply- they were attacked by 2,500 Boxers. United States Consul Goodnow, at Congressman Driggs introduced a Shanghai, will return home on leave of resolution in the house requiring the absence. secretary of war to investigate the Netherlands disavows responsi bilit) practice of "hazing" at West Poiut. for sympathetic letter of minister to Senator Pettigrew introduced a reso Kruger. lution in the senate calling upon the Senate will devote the present week postmaster-general to send to the senate any information he may have in his to Hay-l’auncefote treaty and ship possession concerning postal frauds in subsidy bill. Cuba. The naval appropiration bill will Tang Wang Huang, author of the provide for two more battleships and outrages upon the Pao Ting Fu mission- two cruisers. aiies, was paraded through the streets Delegate Wilcox, of Hawaii, strong of Tien Tsin in a cart under a strong ly opposes importation of negro labor tierman guard, previous to being hand ' into the islands. ed over to the provisional goverumeunt Envoys take removal of General lor decapitation. Tung Fu Hsiang to mean that govern- Frank Hawley, an American electric inent desires peace. promoter, is now in Loudon in the in Establishment of ship subsidy bill terest of an A nerican syndicate. Mr. as regular order will displace Nicara 1 lawley says the capitalists ho repre gua canal measure. sents are ready to spend no less than Bills for the reduction of war reve £4,000,000 in the construction of elec tric surface roads in lam ion and to the nue tax and legislative appropriations suburbs to a radius of 30 miles. Not will likely pass the house this week. a penny of British capital will l>e Robert W. Wilcox. Hawaii's dele- asked. He expresses himself as con ti gate-elect to congress, has arrived in dent that the undertaking will be a ban Francisco, enroute to Washington. financial success. Kruger was officially received by Major Wood, commanding the Can«* Queen Wilhelmina. The queeu has dian mounted police in the Yukon ter promised to show her friendship when ritory, who collects the royalties on the proper moment arrives. gold, reports the collections this year A railway bridge collapsed in Ger on the Klondike output as amounting many, letting an express train plunge to nearly $900,000, about $100,000 into the stream below. Five persons more than was received last year. Ten were killed and eight badlv injured. per cent of the gold mined is supposed Six hundred telegraph operators on to be paid to the government, which would indicate the Klondike output for the Atchison, Topeka A Santa Fe, the season to have been on ly $9,000,- have walked out in sympathy with the 000, but the general estimate has placed operators on the Gulf, Colorado A Santa Fe road. it at nearly $20,000,000. The last enumeration shows a large A correspondentjof Santiago de Cuba save the natives there are becomiug falling off in the number of txwk adepte in the American game of Itaee- agent«, which in itself is a good argu ment in favor ot taking the census ball. Havana may yet bid for a place every five instead of every 10 years. tn the National league. The Connecticut woman who has A celebrated Enlgish physician says sne.1 a physician because he changed that he has found that warts can be her complexion from that of a blond to cured hy revaccinaton. lie revacci- a brunette really ought to have a little nated a girl of 15 who had 94 «arts on patience. The brunette will be in one hand, and seven weeks after th* fashion again tiefore long, and then she operation the warts had all disappear will be glad of the change. But wo ed. Many other remedies had been man always was an impulsive creature. tried in vain. jukianwvuxB otwiww Strained Relations Between Hol land and Portugal THEY HAVE RECALLED THEIR MINISTERS The Trouble Was Caused by Withdrawal of the Exequatur of the Dutch Con sul at Lourenco Marques. KRUGER IN HOLLAND. Enthusiastic Greeting to the Ex-President by the People of The Hague. The Hague, Dec. 10.—At the open ing of the second chamber today, the president, J. G. Gliochtuan, said: “President Kruger arrives here to- da^. He will take up hie residence here. 1 take the occasion to propose that the chamber authorize me to wel come, in its name, the ex-president to our country and offer him an expres sion of our cordial sympathy.’’ The proposal was adopted amid cheers and bravos. Mr. Kruger arrived here today and was greeted at the station by the bur gomaster and counsellor. A choir of 600 men and girls chanted Psalm 72, verses 6, 7 and 11. The ex-president and his suite then retired to the royal waiting-room, where the burgomaster warmly welcomed them in a brief speech. Then followed Dr. Spink, president of the local South African Association, assuring Mr. Kruger of the deep sympathy of the entire Dutch nation, "who had," he said, “so great ly though vainly hoped that the great powers who recently assembled at the peace conterence would not have per mitted that in South Africa the right of nations, the right of war and civil law should be trampled under foot, or a little nation be sacrificed in an un equal combat in defense of its exist ence.” The address, after a long eulogv of the heroism of the Boers, proceeded to liken Mr. Kruger to William the Si lent, who sacrificed everthing for the welfare of his people, and concluded: “May your reliance on the Almighty, similar to that of the Prince of Orange, support you, Mr. Piesident, in the arduous fight for right and liberty, and may the liberty jf your nation crown your courage. Then will Great Brit ain have learned the lesson of how dangerous it is to attempt to throttle the independence of a free nation.” Lisbon, Dec. 10.—The minister of the Netherlands to Portugal and the Portuguese minister at The Hague have left their respective posts. It is believed that a difference has arisen on the subject of the exequatur to the Dutch consul at Lourenco Marques, which the Portuguese government has withdrawn. The tension between Portugal and Holland appears to have been empha sized, perhaps not altogether uninten tionally, by the peculiar warmth of King Charles’ toast to Queen Victoria at the banquet given yesterday evening at the Royal Palace to Vice-Admiral Sir Harry Boldsworth Rawson, and the officers of the British fleet, now in the River Tagus, and by the telegram which the king afterwards dispatched to Queen Victoria, thanking her ma jesty for sending the fleet, and tor the friendship thus demonstrated. ‘‘I beg to record," telegraphed the king, "my great satisfaction at the frank ami loyal alliance uniting Eng land and Portugal.’’ In the course of his speech, when he toasted Queen Victoria, the king said among other things: "England has often shared the efforts and glories of Portugal. Our mutual friendship and close alliance are strengthened by history and the blood shed together in causes which have always been just.’’ KENTUCKY FIEND CAPTURED Admiral Rawson 1 eplied that the words of the king harmonized with the thoughts of the government and people Man Who tortured His Stepdaughter bate in Jail—No Indications of Violence. of Great Britain. Maysville, Ky., Dec. 10.—William Portuguese Minister Will Explain. Gibson, the man who is charged with The Hague, Dec. 10.—While it is fiendishly torturing to death with a not denied that the minister of the red-hot iron his helpless 2-year-old Netherlands at Lisbon and the minis stepdaughter, at G'attlettsburg, Ky., ter of Portugal here are temporarily two weeks ago, is safely in jail here. leaving their posts, it is semi-officially In an interview tonight he denied declared that there is no question of everything as to his guilt. At differ the ministers being recalled. It is ex ent times during the interview he plained that Count De Selir, the Portu would laugh idiotically. When asked guese minister is proceeding to Lisbon whv he fled, if innocent, he replied: on a few days’ visit to explain verbally “Well, you see, this thing was hol the difficulties which have arisen in lered about and made so much over conncetion with the Netherlands con that the people got excited, and you sul, ilerr Pott, at Lourenco Marques. know how the people are when they ge excited." Spaniards Accuse England. He said he had slept in ravines and Madrid, Dec. 10.—The Imparcial in brush for the last two weeks. His says it considers the rupture of rela intellect seems somewhat blurred and tions between Holland and Portugal to at times his stupidity was veiy per be very serious. It adds that it was ceptible. Everything is quiet here to due to the intrigues of Great Britain, night and there are no indications of further asserting that Portugal is now mob violence. under the tutelage of Lord Salisbury. Observers think that the speech and TELEGRAPHERS’ STRIKE. telegram constitute an intimation to the world that Portugal can count on A Walk-Out on the Gulf, Colorado A Santa Fe strong support if necessary. Road—Ten Hours Rest Wanted. THE CORONERS VERDICT. Holds No One Responsible for San Francisco's Thanksgiving Day Accident. Houston, Tex., Dec., 10.—The tele graphers belonging to the Order of Railway Telegraphers on the Gulf, Colorado & Santa Fe road, extending from Galveston to Purcell, I. T., left their desks at 11 o’clock today. Pas senger trains are being operated on running orders from junction (mints, and through freights aie also being handled, although there is considerable delay. The strike has been expected for some time. A committee of the telegraphers went to Galveston to hold a conference with General Manager Polk, to whom they represented their grievances. The latter was in com munication with President Ripley, and it is believed by the men that the lat ter official will yield on the point of 10 consecutive hours of rest for the oper ators. The operators say they expect to gain the active co-operation of other railroad organizations. San Francisco, Dec. 10.—The coron er’s jury, inquiring into the causes of the Thanksgiving day disaster, in which 22 lives were lost by the col lapse of the San Francisco & Pacific Glass Works during the progress of the Stanford-Berkeley football game, has returned the following verdict in the case of each victim of the accident: "That the accident was caused by the breaking of the vxntilator of the roof over the furnace in the house of the San Francisco & Pacific Glass Works at the corner of Fifteenth and Folsom streets on the afternoon ot No vember 29; further, that he had no business there and was thefe against the orders and temporary resistance on the part of the superintendent ot said werks, and further, that no one can be Chinese Hold Mountain Passes. held responsible for his death other Berlin. Dec. 10.—A dispatch from than himself and that death was acci Field Marshal von Waldersee, dated dental." _______________ Pekin December 4, says strong detach ments of Chinese regulars, under Gen Territory for the Canal. Chicago, Dec, 10.—A special to the eral Ma. are reported from Shan Si to Record from Washington says: Nica be holding the mountain passes on the ragua and Costa Rica have aunouuced frontier of Chi Li. An explosion at their willingness to grant a lease to the Pao Ting Fu during the daring out of United States for a preiod bf 200 years a powdei magazine killed one man and of the territory ueeessarv for the con wounded five others. struction of the projected Nicaragua Given Up for Lost. caual. The terms are regarded as moderate. It is understood that Nica Provincetown. Mass., Dec. 10.—The ragua and Costa Rica will accept bonds, Provincetown fishing schooner Cora 8. the value of these to be accepted by McKay, with 30 men. has been given the former government to be leas than up for lost. Ever» circumstance points $6,000.000 and by the latter to be less to her destruction at Virgin rocks on than $1,500.090. the Grand banks of Newfoundland in the storm of September 12 to 14, known Pleased With Americans. as the Galveston hurricane. Pekin, Dec. 10.—Li Hung Chang has informed General Chaffee that he and Movement of Porto Ricans. all the people of the province of Chi El Paso, Tex., Dec. 10.—Two cars Li are extremely pleased and gratified at the behavior of the American troop« passed through here today containing toward the Chinese. This is considered 114 Porto Ricaus who are going as no light matter. From all sections of contract laborers to the Hawaiian isl the portion of the city under American ands to work in the sugar industry for srpei vision oome words of praise, Clans Spreckels. They said that 7,000 thankfulness and commendation regard Porto Ricans are preparing to emigrate to the islands tor the same purpose. ing the behavior of the Americans. South Dakota's Vote. riBST SUPPLY ill! It Was Passed by the House in Record Time. WAS NOT TEN MINUTES OF DEBATE Legislative, Executive and Judicial Appropria tion Bill, Carrying Over $24,000.000, Went Through Unchallenged Washington, Dec. 12.—The first of the great supply bills, the legislative, executive aud julicial appropriation bill, was passed by the house iu record time. The bill carres $24,496,308, and has 131 pages, but there was less than 10 minutes debate upon it. It required about three hours for the clerk to read the bill. No other busi ness was transacted. Today under the rules belonged to the District of Columbia committee, but, owing to the desire of the leaders to proceed with the appropriation bill, district day was postponed until a week from tomorrow. Bingham (Rep. Pa.), who was in charge of the measure, made a preliminary statement of its contents. Both parties iu the recent campaign, Einghain said, pledged them selves to economy and retrenchment. The pending bill—the first of the big money bills—was a step in that direc tion. Robinson (Dem. Ind.) expressed the opinion that if retrenchment were de sired, a provision be inserted in the bill to cut off the 30 days' sick leave in addition to the 80 days’ leave now allowed to clerks in the exectutive de partments. Bingham explained that such legisla tion did not come within the purview of the pending bill. The law left the question of leave within the discretion of the various heads of depaitments. Robinson protested that clerks in the government service outside of Washington did not receive the same leave privileges received by those here, and he thought the unjust discrimina tion against the former should cease. An amendment providing for 12 ad- ditoual temporary clerks to dispose of the accumulated business in the office of the controller of the treasury was adopted. At the conclusion of the read ing of the bill, Bingham thanked the bouse for the confidence shown in the appropriation committee in allowing the bill to go through unchallenged, aud the bill was then passed. CHIRIQUI COALING STATION. United States May Purchase the Port From Colombia. Washington, Dec. 12.—The gunboat Bancroft sailed today from Colon for Almirante bay. It is understood that her mission is to look into the advant ages offered by the port of "Chiriqui as a coaling station. The harbor is capa ble of floating the entiie fleet of a na tion, an.l the water is deep enough for the heaviest battle-ship. Approaches were made to the Colombian govern ment, with a view to learning whether it would entertain a propiaition to grant Chiriqui as a coaling station. At that time, Colombia was not in a position to make a definite answer, as the territory, including this harbor, had been in dispute between Colombia and Costa Rica. The answer, there fore, was to the effect that the grant could not be made while the question of sovereignty remained open between the two countries. Since then, how ever, Colombia and Costa Rica have ar ranged to arbitrate the differences, aud there is a prospect of an early settle ment of sovereignty. With this point removed, it is believed that there will bo no serious objections from Colombia or Costa Rica to grautiug a coaling sta tion. EXPLOSION IN A TUNNEL Four Men Lost Their Lives at Aspen, Wyo.— Accumulation of Gas the Cause. Aspen, Wyo., Deo. 12.—A disastrous gas explosion occurred today in the uew railroad tunnel by which four men lost their lives and several others were injured. The tunuel is being built on the cut-off of the Union Pacific rail road between Aspen and Hilliard. The explosion was caused by the ac cumulation of gas. The coroner's veridet is "unavoidable accident.” Twenty ot the men were at work at the time of the explosion. It is not known what ignited the gas. Electric lights are used throughout the tunnel Requisition For an Indiana Man Turned Down By the Governor of Colorado. Indianapolis, Dec. 12.—Governor Mount today received word that Gov ernor Thomas, of Colorado, has refused to honor a requisition from Indiana for the return of Clifton Oxman, of Prince ton, Ind., accused of defrauding, in a real estate deal, J. Mayer Greene, of Chicago. A special from Denver says the Indiana sheriff had Attorney-Gen eral Campbell, of Colorado, inspeot the papers and they were declared legal. Afterward, it is stated, Governor Thomas had a consultât on with Mr. Campbell, and then announced that the papers were not made out in tech nical form, an<l this, taken in connec tion with the attitude of Governor Mount, of Indiana, in refusing to honor Governor Beckham’s requisition for the return to Kentucky of W. 8. Tay lor, who is now living in Indiana, and who was wanted in Kentucky, he said would cause him to refuse the re quisition. Governor Thomas, it is stated, at the same time, said that several other governors had, he be lieved, decided to take similar steps re garding Governor Mount. The matter has created considerable comment. Governor Mount, when told tonight of Governor Thomas’ action, said he was surprised at it. “There may be something political in this matter," he said, “but I am surprised that Gov ernor Thomas resorts to any so-called precedent in his action on the requisi tion. He cites my action in the Ken tucky cases as a precedent, which he says he is inclined to follbw. I con sidered no precedent when I refused the Kentucky requisition. I did so be cause I did not believe the men could get a fair trial in their own state. Governors do not as a rule resort to pecedents in acting on such questions. Each stands on its own merits.” EIGHT PERSONS DROWNED. Iron Ore Barge Went to the Bottom During a Storm on Lake Erie. Erie, Pa., Dec. 12. — In the midst of one of the most bitter gales that ever swept Lake Erie the iron ore barge S. H. Foster, in tow of the Iron Duke, wmt to the bottom at 4 o'clock this morning 10 miles off Erie, and eight persons weie drowned. £ The Foster was one of the fleet of James Corrigan, of Cleveland, aud for two months has been running from Du luth to Erie with iron one. Her cargo consisted of 1,500 tons of ore. Captain Ashley, of the Iron Duke, made Erie in safety. Government Cotton Crop. New York, Dec. 12.—A story to the effect that the government cotton ciop, which will be made public tomorrow, has been offered to certain cotton brok ers in this city in advance, received corroboration today. Frank B. GnesrtT* head of a cotton commission house, said tonight that advance information was offered to him Saturday. He im mediately notified President Hubbard, of the cotton exchange. The latter asked for a detailed statement, which was given, and this is to be used as a basis for federal investigation. Presi dent Hubbard said tonight that he would go to Washington without delay and place the entire matter before the proper authorities. To Amend Laws. TVashintgon, Dec. 12.—Representa tive Jones, of Washington, is seeking to amend the pension laws by lifting from the soldiers the necessity of prov ing that the disability for which they seek pensions did not exist prior to their enlistment. His bill on this sub ject provides that in all cases where the services of a soldier were accepted, and he was mustered into the at my, no further questions should be asked con cerning his physical condition prior to enlistment. In many cases the soldier of the Civil war has been prevented from securing a pensien because of his inability to prove that his disability did not exist prior to his enlistment. Hospital for Lumbermen. EugeDe, Or., Dec. 12.— Arrange ments have been made whereby the Booth-Kelly Lumber Company will provide a hospital in Eugene for th» benefit of the workmen who may at any time be taken sick or injured. The employes will pay monthly dues for the support of the institution, aud when any of them requires medical or surgical treatment he will receive it without further cost. A contract has been made with Drs. Paine and Kuy kendall for professional services and medicines for a year. They will select a suitable building and have the hos pital ready to leceive patients by th» first of January. No Hop« for Kruger. London, Deo. 12. — "Dr. Leyds and his friends are spreading a report,” says the Amsterdam correspondent of the Daily Mail, "that Queen Wilhel mina will intervene after her marriage. This is meant to blind the publio to the real facts, which are that she wrote personally to every European ruler on Mr. Kruger's arrival in Eu rope, and irom two countries at least, France and Russia, received conditional promises of help in the direction of in tervention, but the plan failed in Ber lin.” Steel Company Resumes Work. Pierre, 8. D., Dec. 10.—The total Lorain. O., Dec. 12.—Th« Lorain vote of the state, ax slurwu by the offi New York. Dea. 10.—-The World cial canvass, is as follows: McKinley, Steel Company resumed work today at save: "On the Deutechlapd, which 54,530; Bryan, 39.544; Woolley, 1,342; it< blooming, converting, finishing and shape mills, with more than 3.000 men artirad here yesterday, were Henry T. Parker. 339; Debs. 169. employed in the entire plant. Oxuanl, of San Francisco, president of The Nansen Fund. the two American t>eet-eugai associa Christiania, Dec. 8.—The Nansen Crashed Into a Handcar. tions, and his bride', formerly Mlle. An engine on the Grand Trunk road, Marie l’ichon, tnaid of Mr. Oxnard's fund, which was started after the re sister-in-law. Mrs. Robert Oxnard. turn of Dr. Nansen from the Arctic, to near Inglewood Junction, Ont., crashed They were married in Paris November promote scientific explorations, now into a hand car on which were five sec 15, but the marriage was not announced amounts to 1,000,000 kroner, and no tion men going to work. All five were further contributions will be mad«. until the Deutschland’s arrival." killed instantly. Oxnard Married a Maid. WOULD NOT HONOR IT. All Credit Due America. St. Petersburg, Dec. 12.—The Novoe Vrernya, in an article evidently in spired, referring to the recent dis patches from Dr. Morrison, in Pekin, to the London Times, saying «11 th» credit for securing softened terms is given by the Chinese to the Russians, remarks: “The credit for the existing entent» really belongs to America. England begrudges President McKinley his just prestige because be has emphasied America’» friendship for Russia." Fire at Silverton, Or. Fire at Silverton caused a loss of $12,000. Incendiarism is suspected, two men being under arrest. A fire engine was sent from Portland to th» relief of the town. Th» British L'ncencemed. The British show little interest in Nicaragua affair«. Argument in the Neely case was be gun before the United Sates supram« court.