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Show Tin: Moitxixt! i:xa.min'i:i; oudex, 001 HAS Washington, lM1. 12. The u- pirine four) to.iay decided ihe case of tlii' Weett-rI'nion rouipany v. tin Vu:ii lvauia rail- -mail involving ih- riglii of ihe railmail ( pui (he telegraph roiu- puny's puli-- from ira riglii uf- ay iu favor of the railroad company. i he opinion vat huJM Joan by Justice McKenna, lu the decision ihe (ourt holds that ihe congres- siuDsl act of lfcriS. which controlled in the case, does not grant eminent domain tn telegraph companies over the private priUMTty of rail road companies. - -- So One of the Witnesses Testifies in the Senate Investigation He Claims That He Heard President Smith Defend Polygamy in Addressing the Young Men and Women Temple Records are not Produced. Washington, l)ec. 12. Hearings of the protest against Heed Smoot, Junior senator from Utah, retaining his scat in the Unitod States denote, were resumed today in the committee on priv-- 1 was ilegai and elections. The room erowdeil, women predominating among the spectators, aa was the cam last aeaaiou. Senator Smoot arrived early, accompanied by Waldemar Van Cott, a Salt Lake attorney, who is assisting A. 8L Worthington in the conduct of Uia endoament house was torn down lu doe not. consult the court In grantlbSO, hut the temple is now used for ing divorces in rases of Mich marthe same purpose, Mr. Reynolds fold riages." the committee that he bss given cerIn a lew iustunecs only 1 shuuld tificates of marriage since lie ceased to ilio witness. nay. be recorder of the endowment house, in For something done after death or rases where widows sought to obtain before?' the senator asked. certifli-atepen sinus. He made the In life lime." from records in bis possession, but is the dead person given an opthese records he said had since been senator removed to the teple anti he has not portunity to be heard? the asked. access to them now. No, sir; ii is because such cases In answer to questions by Senutu: Overman, Mr. Reynolds said marriages are held tu be unjust lu the dead acwere performed with dead persons in cused, so that few divorces of lh:s defense. kind are grauted," said tbe witness. the endowment house. Is any one piiiued tu defend the Mr. Taylor then asked If divorces Judge Richards, of Salt lake City, endowment accused? adviser to Mormon witnesses, and Mr. were grant! in the n house. "Never, 1ml. the complainant is Worthington, also, were present. Fw-nito divorces church The if evidence a satisfactory grants bearing Representative Taylor of Ohio acted again as the counsel for the those who have been nuuTied for time la furnished to the church, and eternity, but. does not divorce legThen It is purely ex parte." protestants. When the hearing opened al marriages until the ronrta bare ael-ePurely so." the member of the committee present ssid Mr. Reynold. Senator Overman was attempting to were Senators Burrows, chairman: Plural marriages are not recognized bring out what assurance n man may Foraker, Dubois, PeU.ua and Overman. The first witness railed by Mr. Tay- by courts and therefore the church have of meeting his several wives m lor and Rev. J. M. Buckley. D. I) . of Morristown, N. J editor of the Christian Advocate of New York. Hr. Buck-le- y told of visits to Utah in 1901, and again last June. At that time he attended a Joint convention of the Young Men's and Young Womens Unions of Mormonism. Those who spoke were Brigham H. Roberts, Elmira 8. Taylor and President Smith. The audirnne was estimated by the wilneea at 11.000 persona. The line of inquiry introduced by Mr. Taylor concerning the meeting was In refarenre to what had been said at Ihe convention about polygamous cohabitation. The witness said this subject had not been Jimuaaed by Mr. Roberta or Mias Taykir, but tbe former told of Pretd-deSmiths unequal conflict wilh tbe tn connection with the government,1 testimony given last winter before the privileges and elections committee. Dr. Buckley read from an acticla ha had written concerning the convention and quoted from tbe speech of Preaident Smith on marriage. This witneaa said that tv ten or fifteen minutes Preai- dent Smith had talked of the responsiNew York, Dec. 1!. Early today on Wednesday to teetify in the case ot bilities of marriage and how the conball had uot been secured for the re- Mra. Chadwick. Mr. Carnegie is requestIs tract regarded bv many persona. from tbe ed to appear before the federal grand Than, said Dn Buckley, President lease of Mrs. Chadwick a Smith drew himself up to his full Tombs prison nor had she given not- Jury at 9 a. m. Wednesday. The waa issued by Judge Wing of the height, and apoke oa the subject of ice of any intention to waive exam- United States district court and waa divorca. He said the mothers of his ination in this dty and go to Cleveaccepted willingly by Mr. Carnegie. children had been given him by God land for a hearing. reconApparently however, and ware saints of God. He deplored ciled temporarily to priaou reatralnu Mr. Carnegie wag annoyed, when he discovered that the summon! and said hia the mother-in-laJokes and fare, sad aatlafled that should own mothers-Indawere Um heat she attempt to provide the bail now required him to make the trip to Clevefrienda he ever had; that they were required the amount would be imme- land. The deputy marshal with the sub-I- 0 true womea worthy of their daugh- diately eo increased as to become callul at Mr. Carnegie's house ters." was believed it practically prohibitive, Dr. Buckley read from another ar- Mrs. Chad wick had consented to act aud told one of the secretaries that he came from the building in which the ticle on this meeting which said that tbe advice of counsel and await President Smiths voice rang out Aa uponexaudnation in New Yors, Satur- Carnegie HI eel company's office is lotbp cated. In the roiloquov that, ensued the strong as William J. Bryans." aa ha refused to say who hsd sent him defended the Mormon marriage and de- day. have deputy Chadwick appears to Mrs. snd asked for a private interview with clared that polygamy was not adultery, severe from tbe recovered Mr. Carnegie,, entirely he had a private but was a system of marriage. sttecke of nervousness which attend- pajier for him.saying After a few moments' Preaident Smith waa quoted by the ed her at first and apprehension of a hesitation, ihe secretary admitted the witness aa saying that he could not oollaiMe is no longer entertained by deputy to the library where the iron give up aay of Us wives, that It meant the priuou physician. master sat reading. Mr. Carnegie took eternal damnation to abandon'' a mulaa to whether Andrew Speculation the subpoena with a smile, spreading of wives. tiplicity Dr. Buckley said he had made In- Carnegie will be culled tu testify was it out on his knee, slid lead it carefuldisremarkable heightened by the ly. quiry concerning Senator Smoot and closures mails What!" he cried, when he saw that ly Treasurer Reynolds, bad found nd one who said one word Wade Park bank of Cleveland. il required hia presence in Cleveland. of against him. Everywhere, the witness Thuthe charge against Mrs. Chadwick is Why, I dont think I will be able to said. Senator Rmoat was given an excellent character. On rrott- - semina- that ahe signed a check for g 12,500 go at all. I'm very sick. I've got lumtion Mr. Worthington brought out that when slie bad no funds in the Olvcrlin bago. Do you mean to sav that I'll hank, and then procured a certification have to be out in Cleveland on Wedthe statements quoted from President of the check by the two bank official Smiths speech had not lawn reduced nesday, then come back here tu appear to writing until a day or two later, but under arrest. The authorities lu at- before Commissioner Shields on Satthe witness declared himself able to tempting to put Mr. Carnegie on the urday ?" The iron master was advlaed remember eo perfectly that he can laud argue, however, that the bitiiK that he might sue tbe district attorney from officials certified the oheox because ot here about the matter. The interview verbatim make quota! ions speeches two or three weeks after they the various Carnugle notes" about terminated with the remark on the part which they heard so much, and some of Mr. Carnegie that this weather did are delivered. George Reynolds, a Mormon, living of which they had seen. Therefore It not agree with him. It was snowing in Salt Lake City, testified that he Is is claimed Csrnegle'M testimony Is not hard at the time. . of Irrelevant. A subpoena for It waa Andrew the first assistant superintendent announced tothe Mormon church Sunday school and Carnegie to testify in the Chadwick day that, after Mr. Carnegie returns secretary of the mission committee of case was received by tbe authorities from Cleveland, he will he serve. with a in this city. It was Issued iu Ohio. subpoena for his appearance here at the apostles and formerly clerk, or recordThe subpoena was serreJ t Mr. Car- Investigation next Saturday unless er of the endowment house. This relation waa severed in about 1871. The negies home. It calls him to Cleveland Mra. Chadwick agrees to go tu Cleveland meantime. move in - tbe Another important Chadwick case today was a hurried conference of her counsel wilh I .a try eg George Ryall, representing Banker Newton. At the roncltiftiun of the conference Mr. Ryall said he again had hopes that Mr. Newtons claim would be paid. Mrs. Chadwick was still eager to go to Cleveland today, ttflleas bail could be secured, her counsel said. Efforts to secure her release were made but had not boen successful at 1 o'clm k. Mr. Carnegie will bo paid five cents a mile for hia trip to Cleveland ami a day for hia time when actually before the grand Jury. gi-e- er nt Summons Issued in Ohio and Sent to New York Mrs. Chadwick Resigned to Prison Life and has Recovered From Nervousness. sum-ntim- w aemi-officiall- y SENSATIONAL TURN Arrest May be Made of Person who Aided J Morgan Smith, a Much-WantWitness, to Disappear. ed Stork1 of a New York, Dec. 12. aeiiMiinRsI turn iu the case weie current today when tbe trial of Nan I au?vson resumed. According to tbe story blan subpoena have been obtained and' it la aid even a blank petition for a writ of habeas corpus bss been filled in. should an arrest make its immedinie um advisable. Tbia starliing inrn in the cahe was occasioned by the of ib aiat that a person who advised and engineered the of J. Morgan Smith, brother-in-laof Visa Pat.lemon, and hia wife, on a charge ot would he prow-ruleconspiracy to .icfeat ihe nd of Justice. It Is expected tha the slate wlit take at Ipuki two mnro days to sub e d 11-5- GRAND JURY INVESTIGATING. Cleveland. Iec. 12. The grand Jury commenced today tu invest igstkm into (he afraid of Mrs. Chadwick, it is probable the inquiry will last throughout the day. and even possible that action will be taken m the evidence before tomit its evidence. The Intentions of morrow. County Prosecutor Keeler was the defenoe have been obscure. Thai however, that an Indictment a defense will be offered is now con- confident, would he voted before night. sidered certain, however, in view of H:i main dependence is the evidence the fact that a number of witustrf, to forgery. Anions the pointing Including three who claim to have at the opening session present witnessed Young shoot hi rare! f, have were C. K. of Gberlin and ReWhitney been subpoenaed. ceiver Lyon of the Citizens National Hank of Oberlin. President Beckwith of tbe Oberlin bank was expected to e appear during the morning. f Slti.'x TI.Ii.ATY WITH No evidence has so far developed in GREAT BRITAIN. nnv direction to show that Mrs. Chade wick hal accomplices or that assistance . 12. The arbi- Washington, was given her in the preparation of imtion treaty with Great Britain the documents claimed to Imve been was signed today. Riven her hi Mr. Carnegie. Cashier Spear was the fir- -t witness a to Hpprar before the grand Jm . es eeeeeeeeeeeaeeeeeee D-c- 4 SLAV PRESS BREATHES DEMANDS FOR l)ECI3H)N. G GOOD OIARAG isoi. utad. Tuesday mousing decemhehis, heaven if divorces are granted alter his death, when a recess of the committee was taken. stand Mr. Reynolds resumed the this afternoon amt testified tbe l evident of the church- alarays has iLe authority to issue ecclesiastical divorces. Mr. Taylor read from a republished addiKb by Brigham Young, on the question uf the unhappiness ut first wives after plural marriages list lieeu contracted by their husbands in this address President Young said he was going to give all women until October 1st, (date of address was not offered in evidence), to decide whether t hey wanted to accept the teaching of the church. In the event that they did not want to accept, the doctriues, President Young naid he was going to give them their freedom to go where thev would.. Tie said he was talking to ail women, his .own wives included, the first wires and all plural wives. Mr. Taylor asked Mr. Reynolds if. that promise to tbe women related to Preaident Young's authority to divorce The witness said that he thought that Young did not mean lust. Then what did he mean?" I think he was talking as a mnn who was annoyed and did not menu what he said," replied Mr. Reynolds. Continuing he said the action of the president was based on Ihe ssvic authority in loosing oa earth or binding on earth." red rrlug to divuces and marriages. A GUARANTEED CURE FOR FILER Itching, Blind. Bleeding or Protrnd-inPlies. Your druggist will refund .nosey if PAZO OINTMENT falls to cute you In 8 to 14 days. EOc. g DEMOCRATS WERE TRICKY Fourteen of .Them Cast 244 Votea in One Precinct in Denver and 178 of Thaaa Were Cast by One Person. Demonstration Planned for Opening of Trial of the Assassin of Von Plehve Tomorro- wProclamations Issued ask the Demonstrators to Come Armed-Refo- rm Wave Increases in Russia. eeeeeeeeeeeseeeeeseee The demonstrators have been Instructed to come snood. Siembok Ferrnor, the only zemslvo president who isfused to sign the reform memorial, has resigned because of the criticisms of bis colleagues. CLADO WANTS COURT MARTIAL latter, who ia an tovaUdTcTio window and bowed hi menu. Ihe student then akao. nixrohT procession through the prinH treats singing ths "Msmellaine- - rZ did not interfere. DISTURBANCE AT TOWN COUNCIL police Ths prefect of police has forbidd-t- he police to forcibly expel Jew m Ektaerinoalav, Russia, Dee. 12. A chants who are not emit li d to town the of entered workmen group to Moscow and instead to report ton outv of a the station hall tofiay during rases to him. municipal council and attempted to address the councillors on ths condition of the country and the aims of tba working classes. Much excitement followed and the president adjourned the meeting. hut ths spokesman of ths group continued, hia words being cheered by his comrades A number of arrests wers ROME made. St. Petersburg, Dec. Cladu who waa arrested Dec. 9, for criticising the high admiral. Grand demands a trial by court martial, declaring that hia arrest on the ground of distorted facts is a stain on hia hunor. Lieut. Dellvrion, who participated in Cep- tain Clado'a newspaper campaign against the admiralty officials, is under arreat. Duke Alexia, AMERICAN sssssssssssssssssssss St. Petersburg, Dec. 12. St. Petersburg has resumed Its wonted quiet after the excitement of yesterday. Ths TROUBLE AT MOSCOW. ppaera which comment print only a The students asMoscow, Dec. 12. brief official account of the demontoday in front of the residence stration in front of the Kazan cathed- sembled of Prof. Timtriazeff and cheered him for ral. Nevertheless they are full of article breathing demands lor reform, that the Russ especially declaring there can be no real and openly ad- s INCENDIARY LITERATURE. vocated parliamentary system In which the upper house shall consist of memRigs, Russia, Dec. 12. Incen- bers of the senate, council of the emware dia-proclamations and the diary ministers of council pire and to the congre- tributed yesterday lower house of elected representatives The churches. ths leaving gallons of the xemstvo. Proclamations have culprits were arrested. No dis- been iasued calling for a demonstraturbanees occurred. tion outside the law courts tomorrow at the opening of the trial of Bason-of- f, assassin of Minister von Plehve. sssssssssssssssssssss Denver. Dec. 12. Hearing of election cases waa resumed before the auprrme court today with the presentation of the reports or the two handwriting experts, representing the Republican and the Democratic parth-s- , on ths contents of the ballot box from precinct 10 of ward 7, which was opened last Saturday. There were found in the box 452 ballot of which 361 were Democratic and 62 Republican.' Boih experts agreed that 244 Democratic ballots had been written by 14 persona and 176 of these by one person. They also agreed that 18 Republican hallots had been written by four persons. M. M. Mamma, Republican expert, reported that 211 DemDemoralization-Hea- vy ocratic ballots were differently folded than I hone regularly voted and it is inferred that they were stuffed" in the box after the polls closed. The case was submitted without argument and the court immediately sentenced Martin L Devanney and Thomas Culp, the Democratic judges in ths precinct, to serve one year ra Jail and to pay a fine of ll.UUO each. James Riley,' the third judge, who waa appointed by Devanney and Culp in the New York, Dec. 12. There was anabsence of the Republican judge, has prices ot other opening smash in disappeared. slocks today, the trouble again cenHeavy tering in Amalgamated Copper. it unloading of that stock carried down 4 4 and 20,000 nharea uf U. b. on Steel sold down an extreme 1 I running sales. SL Paul dropped and points on two successive aalea there were opening losses all the way from 1 to 1 4 in the leading Facilica, trunk lines and specTflo Incorrigible! Dig Their Way to grangers, coalers, ialties. The market fluctuated unBrief Period of Liberty Through evenly after tbe opening and then Wall. a went lower. The London prices for Americana before the opening here St. Louis, Dec. 12. Using a piece of were generally higher and gave no hint a broken brass handle of a bureau of the atorm hanging over thla mar-- . drawer and the rung of a chair broken keL off to a point as tools, Austin Logan, Though nothing like last Thursday a aged 15. anil Oliver Johns, 14, have dug demoralization followed, nevertheless, wall on the ths feeling waa one of vague alarm. their way through a fourth flour of he Four Courts building Traders Heeuiod of the opinion that where they were confined in the ma- last weeks liquidation had not extrons room, and crawled through the hausted itself and It waa clear that openiug and rscaiied. After being at a great number of accounts were being liberty for several hours, the boys were closed. and taken to the Four There were some vigorous efforts Courts, where they were locked in one made to support the market but by of the cells. bad another 11 o'clock there waa break. Amalgamated slumped 6 4 Terrible plagues, those itching, from Saturday's close. Sugar fell 6 diseases uf the skin. Put an Tennessee Coal and Brooklyn Transit end to misery. I loams Ointment cures 5, Colorado Fuel 4 St. Paul 4 At all drug stores. lT. S. Steel 4, Reading 3 Pacific 3. Southern Tactile and APPOINTMENTS. Union PRESIDENTIAL Leather preferred 2 4 B. ft O. 2 and Erie, the 1st preferred, Missouri 12. The president raciflc. L A N.. Rock Island, Leather Washington. Dec. today sent to the senate these nom- and New York Central 2 to 2 Assistant secretary of ag inations: An enormous amount of selling orriculture. Wm. Mayen, Minnesota. came in at the opening and later ders Associate Justice of tbe supreme when was seen that the list waa court of New Mexico, Ira A. Abbott, withoutit the selling orders Insupport Massachuse'ta. uf from every quarter. One of creased marine Second lieutenant corps, the best known comndsskm houses reRoes S. Kingsbury, Idaho. ported Bales of 1 25,000 shares of the acCommissioner of lalior. Charles P. tive issues in the first half hour. The Neull. I)i strict of Columbia. those with Pittsburg, western Postmasters: Alfred J. Clevelandhouses, Idaho, connection! aud Chicago Wallace. Dunn, were among the laigest sellers of steel. For obvious reasons a great deal of the laiganaport. Ind.. Dec. 12. County unloading in Amalgamated Copper Treasurer Frank Uhenchaiu has been came from New England. missing for two weeks Today his There was quiet buying on a small bondsmen placed Jacob Gotbeim in scale. Thla waa particularly true of charge pending an accounting, it is Norfolk and Western. St. Paul, B. A known there is a large shortage, esti- O. and the Pacifies. Call money openmated at something like 160.000. Oben-chal4 per cent. It was freeit is said, has been heavily in- ed at 3 to 3 noon at 3 per cent. offered before ly In oil terested Virginia companies. There was a quiet rebound. A score of storks recovered from 1 to 1 points from the lowest Sugar rallied m U. 8. 8teel preferred 2 and FERRY BOAT CRUSH Transit Colorado Fuel, TenBrooklyn ED BY ICE. nessee Coni. Amalgamated Copper, Norfolk and Western and Reading neliaire, Ohio, flee. It. The from 1 8 to over 2 points. Tbs marfeiry boat Amelia, while crossing ket waa comparatively quiet at noon. itenwood 40 tu with passengers, Sentiment changed to the extea' was crushed by ihe ice closing in that brokers advised their clients to slid sank in the middle of the Ohio buy standard atorka. The altnation river. The passengers crawled was reversed in so far that early selout arid were - nearly dead from lers were later buyers. Business exposure when rescued. which in ths first hoar attained tremendous proportions, with the tapo from five lo ten mtnutea behind the ILL IN STREET Pontiff la Presented With 817,000 u the Offering of Priests and Psopli of Brooklyn DiOccsc, Rome, Dec. 12. The Americas pilgrimage, led by the Rt. Rev. Chirki E. McDonnell, bishop of Brooklyn, received this morning by the pops is the Clementine ball of the Vatican. Bishop McDonnell presented the pnm.q with 15,0(10, the Peters penrr offering of the diocese, and Mgr. John I. Barrett, tu the bishops secretary, presented the pope with f 12 ,000, as the offering of tbs priests of the same diocese. The pope thanked them warmly, saying he wsi most grateful to the pilgrims for cooing to Rome from such a gnat distinct and blessed all of them and thair families, giving the priests present permission to extend the papal benediction t their flocks. "Little Colds" neglected thousands of lives sacrificed every year. Dr. Wood's Norway Pine Scrap enns little aids cure big colds, too, dm to the very verge of consumption. - Opening Smash in Prices is Only a Little Less Serious Than Last Thursdays Unloading Carries Down Amalgamated Copper and Other Stocks are Affected. YOUNG JAII. PILGRIMS IN market, fell off about midday. Another break less abrupt and extensive than that at the opening set In, Amal gainst ed Copper, which waa chiefly affected, going lower than at any previous time of the day. Tbe steel slocks also were very heavy. Reports from the floor suggested the theory that ihe selling came from Interests other than those which caused the early decline. market Dnring the noon hour, the showed brief periods of extreme dullness, but activity waa soon resumed. 1-- 2 BREAKERS 8-- RE-TRI- AL REFUSED New Hearing Not Granted to Convicted of Naturalization Ms Frauds St. Louis, Dec. 12. The refuse! todir of the United State! circuit coart (if appeals, sitting at SL Paul, to grant new hearing to Thomas E. Barrett. John P. Dolan and Frank E. Gsrrstl convicted In the United Slates district court of St. Louia of nsturaliixtioa frauds, ia made public here. It it expected the defendant! will carry ths case to the United States supreme wart writ by habeas corpus proceedings or a of certiorari. IN BOSTON. 14-In- Boston, Dec. 12. The local market opened weak with Amalgamated Copper the center of Interest, due in a large part to the continuation of last n weeks campaign against it by a Boston trader, whose extensive advertisement appeared in the mornThe stock opened - um u ing newspapers. and quickly recorded a loss f OShea, both employee of a livny at 69 atxmv t of over 4 points. Shannon copper (table. The men quarreled ( cents. 10 I about worth loss of a a a halter Copper opened at 94, I 1 and Bingham off Range 69 off at 33 well-know- 14-in-rh 1 3-- 3-- . 1-- bes-teri- 3-- 1-- 4, 3-- 1-- 8-- 6-- NEAR PEITATZI 3-- n. eeeseeeeeeeeeeeaeeee 3-- 4 1-- .. 2 5-- They are Driven Westward Losing a Numte of Men Bombardment at Port Arthur Sets Arsenal Afire.1 eeeeeeeeeeeeeeseseee s ARSENAL ABLAZE. ee e e s Washington, Dec. 12. The Jap- aneee legation haa received the " following telegram from Toklo: The Port Arthur army reports that Its bombardment has Inflicted considerable damage upon Golden Hill and also set the arsenal on fire. ., esse see APS BETOOK Mukden, Dec. 12.-- On night tbe Japanese sevenfi the studied the trenches ofcase alan right, but in each were repulsed. ssessesssesse mountain, ', , ' west of Manpso cannonade against Tsotna ana SSSSSSSSSSSSSSSSSSSSS chlapaotzu and the enemy Tokio, Dm. 12. A dispatch from ths posted west of Dal mountil-Putaaoarmy in Manchuria says: At 2 in Neither caused the morning of Dec. 11, a bodv of the Mamscheih oa the right , enemy's infantry attacked j?eitatzu, Hun river, waa attacked by Ihe but at dawn waa completely repulsed cavalry. . lo. northward. were drivra oirtra. They In tbe afternoon of Dec. 1J. th a number of men. The Jut0 enemy's artillery bolding a position taiiied no casualties wa. |