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Show ' ' I DAILY UTAH STATE JOUBNAII VIII. NUMBER VOLUME 148 OGrDElNr, JAPS SEEM TO HAVE THURSDAY, APRIL 28, CONGRESS HAS RUSSIANS HEMMED IN latest Move of Mikados TJ T A. I--I IS BROUGHT TO AN END THE PRESIDENT OFF ITS HANDS Report of FARCE SHEPHERD-MAYO- R Forces Is of Great Strategical importance 1904. Tuesdays Fighting. Compromise Effected Between Gambler and Officials Retractions All Around How Sweet It Is, Etc., Etc. m Reuter's Che but they continued to burn under poo correspondent wires that the have occupied Kullencheng. on JAP ADMIRAL TELL8 the right bank of the Yalu, to the OF RECENT FIGHTING Such a move Is !Outh of Antung. a strategical TOKIO, April 28. Admiral Hosoya, highly important from would mean as the operations of the torit the that reporting itandpolnt, fleet pedo the Talu on Monday and up forthe would Russian have Japanese Tuesday, that the enemy's field says tes on the Talu hemmed In on three guns opened without effect. A force of In front would be the main the enemy on an Island In aidea midstream force of the Japanese, to the east and fled. On Tuesday one hundred Rusnortheast the forces of Japanese sian cavalrymen attacked a Jap known to have erased the Talu on launch and a torpedo boat replied Monday and Tuesday, on the west the when the enemy fled to the mountains. force now reported to have occupied OFFICIAL REPORT OF Kullencheng. g A Central News dispatch from ONLY RU8SIAN VICTORY says there has been no fighting on the Talu since Tuesday. ST. PETERSBURG, SuppleApril 28. An menting the dispatch regarding the en- official dispatch reports that on the The 25th two Russian torpedo boats blew gagement on that day It says: Japanese, advancing on Tuerencheng, up a Japanese transport at Gensan, The Korea. The transport carried a cargo encountered a Russian force. Japanese received a hot fire from a of 400 tons of rice and military stores Russian battery, but It gave but slight and fifteen hundred tons of coal. Four resistance and then retreated in dis- Hotchkiss guns, seventeen officers, order upon the next village, where the twenty men, elghty-flv- e coolies and In the sixty-fiv- e men dispersed, taking refuge sailors were captured. The bouses." other Japanese officers and men reTokio A Central News dispatch sisting were sunk with the transport. atates that the latest news from Wlju The transport sunk was the Klnshu to the effect that the Russian and Maru, of 4,000 tons. Admiral Tessen's Japanese scouts are constantly ex- official report falls to state the number drowned. The ship may have carchanging shots, the Russians attemptito success without draw the ried troops, in which event several ng Japanese from the positions the latter hundred were lost. have taken. The inclement weather FLEET APPEAR8 AND delays the Japanese operations. The Port Arthur correspondent of THEN DISAPPEARS the Russ says that the Japanese have Invented a new combustible which Is PORT ARTHUR, April 28. The Inextinguishable. They tried to burn Japanese torpedo boats were sighted the battleship Retvisan by setting this morning, protected by the squadadrift rafts loaded with burning ma- ron. A few ineffectual shots were firterial The battleship sank the rafts ed and the ships disappeared. LONDON, April 28. Jap-tne- fe Lia-jan- T UTAH STRIKE TO And Injured Wife Has Taken Case Action Decided Upon Mine WorkInto the Divorce ers Mitchell to Resign Court. Presidency. SAN FRANCISCO, April' 28. Di-- J proceedings were begun this morning by Mrs. Mary Edwards, whose hniband, Laurie Edwards, and Rossi, an Italian tenor, figured In the sensational aflray at Fairfax, Marin county, on Tuesday. Mrs. Edwards charges her husband lth neglect, failure to provide, extreme cruelty, and of falsely accusing her of adultery with Rossi. vorce Dom-Inc- io If X BE CULLED OFF WITH THE TENOR I TRAN8PORT ACCIDENT8 DUE TO DRUNKENNE88 SALT LAKH April 28. A private dispatch received here from Indianapolis saya that the executive board of the United Mine Wbrkers yesterday decided to call off the strike In the Fifteenth district of Colorado, New Mexico, Utah and Wyoming. President John Mitchell of the United Mine Workers will leave for Eng' land next week and when he returns wishes to resign the presidency of the organisation. Washington, it IB April f. w. tales, second officer of. the transport Sherman, In a letter to the division nperlntendent of the service, alleges tat the disasters to government transports have been due to drunken-- " among the men and officers, lack t discipline and general Incapacity. There have been seven transports hore In the past twelve months In restern waters. german ON LIFE OF CUBAN CIVIL GOVERNOR HAVANA, April 28. A Cuban an archist named Vlllalonga today attempt to assassinate Civil Governor Nunes. He claimed that he had orders from President Roosevelt to intervene In the government of Cuba. MEN STRIKE IN THE ALBUQUERQUE DENVER. AUTHOR Go Home April 28. The SHOPS boiler- April 28. Schu-mar- non-uni- The Shepherd liliel case is ended. A floor on account of the boys patronizeoinproiniKe was entered Into between ing them on the ground floor. 1 told the mayor that boys could the parties this morning. The effeet climb the stairs and would prefer to of the agrement Is that Deterge Pengamble where they could not be seen der and the miiyor withdraw the three thnn to gamble on the ground floor. charges for libel filed against Shep- The mayor said, 'I guess you are right, herd and he In his turn will withdraw I further said If gambling Is Illegal the accusation against the mayor for down stairs it is Illegal upstairs. You have no more right to allow It upstairs removal from office. Shepherd Is again thuu down stairs. at liberty. It was then suggested that the Shepherd makes a retraction of the cuses against me be dismissed In conatatementa mude by hltn against the sideration of my not prosecuting the other parties, and the following are mayor on the accusations filed against copies of the same: hint for removal. Mr. James F. Iemler, Ogden, Utah I said I cannot fight corruption, Dear Sir: I have carefully consid while I am behind the bars and while ered the statements I have made conmy enemies control the machinery. If cerning you In my publication, the I have made any mistakes In publishDully News, and since seeing what I the Dally Newa they have been of ing have said In cold type I wish to say the head and not of the heart that I have no intention whatever of LAST ACT AT PLEASANT VIEW. reflecting In the least upon your priFor the first time this week the quiet vate character or of that of any of little village of Pleasant View reachyour relntlyes or ancestors, and I ed Its normal state of quietude. Jushereby withdraw all I have said In tice of the Peace Rheea was present said publication that in the least reat the little temple of Justice at 10 flects upin your good name or upon o'clock. Three rural spectators were that of any of your ancestors. there and three witnesses In the Shep"I make this retraction In a spirit of herd libel proceedings. No one elm fairness and Justice, which I deem due. worth In an appearput mentioning I trust that thl the only act posance. sible through which I can right and At 10 oclock the Justice got a mescorrect the wrong done you, If any, from Ogden that the lawyers and sage will e acceptable and satisfactory to witnesses would reach the spot on the you 11:45 motor. At noon a second mesRegretting very much the possible sage came announcing that the somereflections upon your good name, I what famous cam had passed Into hisam, very respectfully yours, tory. J. J. SHEPHERD. Ogden, April 28, 1904." To Whom It May Concern: This Is to certify thAt when In my publicaSOUTHERN WAS tion, the Dally News, I attempted to criticise the acts of the mayor of Ogden, Utah, I had no Intention of reA HOMICI flecting In the least upon the personal or private character of the mayor of Ogden, and if, from anything I have said or published, any such reflection IN 825,000 WANTED FOR THE. LOSS OF can be construed to be such, I hereby WOMAN ATTACKS ANOTHER withdraw the same and retract all I A LEG. THE CITY JAIL. have said that can in the least reflect uopn the good name or character of C. H. Barnard Charged With Stealing Andrew Wallace, a Section Hand, Is the present mayor of Ogden, Utah. ths Plaintiff Was Run Ovar Chickens Other Matters in J. J. SHEPHERD. Soma Months Ago. Police Circlet. Ogden, Utah, April 28, 1904." IT PACIHC ALMOST There was almost a homicide at the city Jail last night, but the Intervention of Joe Critchlow prevented it Mabel Hedspath, together with Dan Lindsay and Frank Farley, was arrested on a charge of disturbing the peace and when being placed In the cell she ran Into Mary J. Fisher and grabbed her by the throat The woman was almost strangled before she was released from the clutches of Hedspath and she left her finger marks on Fishers throat The woman and her two male companions were given twenty-fiv- e days each today. Fisher Is confined in Jail on a charge of drunkenness. Louis Heffner says C. H. Barnard stole a chickens belonging to him. Barnard says he didn't ao there la the laaue between them. Bernard wants a lawyer to guard his Interests so the hearing of the case was continued until Tuesday. T. Carpenter Is charged. by J. D. Garner with stealing a nickel. Both are gentlemen of color and Garner runs a restaurant on Twenty-fift- h street. Yesterday he sent Carpenter to purchase 50 cents worth of meat Carpenter bought 45 cents worth and spent .the other five cents for tobacco. The charge placed against Carpenter was one of vagrancy, as he has an abhorrence of work and he was given a time order to leave the city. Samuel T. O'CqnnolI was drunk, was fined 85, paid up and hurriedly left the station. Frank Camel, charged with vagrancy, will have a hearing at 7 o'clock this evening. en metal RETURN8 FROM EXILE makers and their apprentices, workers and pipe men In the Santa N. n Fe railroad ahopa at Albuquerque, BERLIN. April 28. Norman machinists the Joined this morning s famous author, who was exited to Switzerland several years ago who walked out yesterday afternoon. ta Publishing a series of scurrilous attThe blacksmiths and their helpers acks on the emperor, has been per- may Joint the strike tonight mitted to return to n The machinists at Trinidad, CjgL. are Germany. at work as are those at Raton, still declared tha the articles were Inspired by the late Count Waldersee. N. M. men are heavily APPROPRIATIONS ARE All Schu-man- to Do Politics. Congress previous question on the bill opening adjourned this afternoon sine die. An up for settlement the Wind river InInterested crowd in the house galler- dian reservation in Wyoming. When the senate met the conference ies and a small attendance on the floor on the river and harbors bill report were the features at the opening of was agreed to. that body. Senator Allison, chairman of the apMatters of minor Importance emergcommittee, presented a were propriations from of conference disposed ing with lightning speed. Among the most tabulated statement of the appropriaImiiortant of these acts was the agree- tions mude by congress for the year ment to the conference report on the ending July 1, 1905, being 828,000,000 Panama canal bill, carrying an appro- In excess of those for the current year. The conference report on the Isthpriation of 810,000,000 as desired by the mian canal and civil government bill senate, and a. provision leaving the was to as was also the adjournagreed of control and management the canal zone to the president, as desired by ment resolution. In the house Mr. Williams offered the house. President Roosevelt, with Secretary resolutions of thanks to the speaker to Uncle Joe)' responded In a Loeb, came over from the White House which voice Loud cheers showing emotion. at 11 o'clock and established executive remarks and his the memheadquarters In the president's room greeted broke Into bers forth the Star across the corridor from the senate anas Banner the Spnngled gavel chamber. In the house Mr. Payne moved for nounced the final adjournment In the senate Mr. Gorman presentunanimous consent for the immediate consideration of the resolution of ad- ed the customary resolutions of journment at 2 o'clock. Mr. Williams, thanks to Senator Frye, president pro the Democratic leader, said that Inas- tern, who wished the senators a vacamuch as the Republicans were respon- tion of pleasure and profit to mind and sible to the country for legislation body. Both houses of congress adjourned there would be no objection. The house then refused to order the at 2 o'clock. WASHINGTON, half-doz- ATTEMPT 28. National Legislature Has Adjourned and the Members of Both Houses Will An action was commenced today In the district court by Andrew Wallace, plaintiff, against the Southern Pacific company and Martin Cullen, defendants, to recover damages In the sum of 825,000 for Injuries sustained. The summons In the case was Issued today and the complaint will be filed within the next ten days. The facta upon which the action is brought were published fully in the State Journal at the time of their occurrence some months ago. Theplain-tif- f, Wallace, waa employed aa a section hand by the defendant company down In the yards and while k making repairs to the main track a locomotive was backed up and knocked him down and ran over his right leg, necessitating Its amputation. It Is claimed the accident was due to the negligence of the defendant com panys employes. Martin Cullen, who la made a party to the action, was at jthe time the section foreman of the gang with which the plaintiff was at In work. A. W. Agee is the atotrney for the plaintiff In the action. INDIAN TERRITORY JUDGE8 NOMINATED WASHINGTON, April 28. The president has nominated the following to be Judges of the United States court for Indian Territory: Thomas Hun- phrey of Indian Territory, Louis of Mlsourl, W, R. Lawrence of Illinois and J. T. Dickerson of Kansas. Sulz-bach- er on TURN8 DOWN NOMINATIONS. NEAR BILLION MARK armed. CORNER 8TONE LAID. HAVANA, April 28. The senate reDUBLIN, Ireland, April 28. King to WASHINGTON. 28. confirm fused FLEET. ITALIAN The the nominations for April REVIEWED ward and Queen Alexandra were in thes upreme court made of total vacancies 8lven an grand appropricongressional ovation today on the streets 4l 5 Is by Secretary Justice Zaldos and hlle enroue to the ROME. April 28. President Loubet ations for the fiscal year Royal college of ns Chief 8781.574,829. Italian the nxalnst. retention of fo Justice 8759,059,508 dencc. where the corner stone was and King Victor reviewed the ?r has :it Xnplez today. ; nvorprllng yen r. laid. flpet of sixty de-""t- 1904-190- os YESTERDAY'S MATINEE SESSION. Chief of Police Browning was the first witness at the mutlnee session yesterday, which convened directly after 8 o'clock. Chief Browning said h duties made him responsible for the police depart- ment He was working under the rules that were adopted when the fire de- partment rules were. He admitted that he had received complaints from married women about their husbands gambling, and said that some gamblers were arrested at the Instance of a Mrs. Corbett He had signed a number of complaints against gamblers, and hud referred this woman to the. city attorMr. Shepherd was seen by a Journal ney. representative at Mr. Lessenger's ofThe following questions were asked fice this afternoon and asked why it Mr. Lessenger: by was that the cases were dismissed. He Why are gamblers and prostitutes replied: arrested about the same time each "Whenever the defendant's . counsel month? asked a question during the two days Answer I have no explanation to hearing which has been going on at make about thnt. Pleasant View, It was objected to by Q Why are they only arrested once the prosecution and sustained by the a month? court, until it became monotonous. The A I have no explanation to make. prosecution made the proposition to Q Why are they not arrested after dismiss the three cases for criminal that period of the month? libel. A I have no further explanation to The complaining witnesses gave me make. to understand that the prosecution Q You want to carry out the law? was brought wrongfully and that they A Yes. believed In the publication of the Daily Q Gambling Is a violation of the News and that the articles published luw, la It not? were not against the mayor or Detec A Yes, if they are tried and found tive Pender in their personal capacity,' guilty. nor as to their prlvtee character nor The chief said he knew little or noththeir relatives, but the statements He explained ing about gambling. made were In the nature of. a criticism that no warrants are usually Issued of their administrative policy. for the gamblers, though sometimes "On this agreed statement of facts, are arrested and brought to the and at the request of the complainants, they police station. At other times the the cases were dismissed by consent of money they put up waa forfeited. tbe county attorney, after the matter At this juncture Captain Hulanlak! had been duly considered by him and objected to the method of examinaafter both aides had made their state tion. He said the method of conduct-tin- g ments to him.' After hearing their the municipal court had no bearatatementa the county attorney coning on this case. cluded no offense had been commlted, Mr. Lessenger said that these quesand If all parties were satisfied he was tions wer to go to show that these willing to dismiss the cases at the cost "special privileges mentioned In the of the state. After consultation be were carried on In Ogden, tween the complainants and defend complaint ant apologies were made on both sides, (Continued on Page 8.) all shook hands and I was promised that no further accusations for crim- RAILWAY BUILDERS inal libel 'would be made against me WILL GO IN STRIKE for publications or statements heretofore made. VIENNA, April 28. Ten thousand Continuing. Mr. Shepherd said that Galicians and 7,000 Hungarian' navvies Mr. Pender apologised to Mr. Lessen employed In railway building have ger for any insinuation he might have agreed to strike May 1st and seized 'a made during the trial of the case to quantity of dynamite. him. The mayor thert asked his opinion as to whether or not It was pol ACTRESS DEAD. Icy to require all gambling to be car-- rl LONDON, April 28. Nellie Farren, t,n nnt on the ground a noted Gaiety theater actress. Is dead. a -- fil V |