The Courier-Journal from Louisville, Kentucky • Page 2

THE COURIER JOURNAL, LOUISVILLE, WEDNESDAY MORNING. AUGUST 15, 1900. NATIONAL Party Convention Meets At Indianapolis. A DAY OF SPEECH-MAKING. COMMITTEE NAMED TO MEET ANTI-IMPERIALISTS.

LOUIS R. EHRICH PRESIDES As Temporary Chairman and Speaks On Money Question, Trusts and Imperialism. SEVERAL OTHER ADDRESSES. Indianapolls, Aug. The frat day's session of the national or third party convention was devoted entirely to addresses, no formal action being taken beyond the appointment of a committee of three to conter with the antiimperialists, whose convention opens tomorrow morning.

The sentiment among the "Independents" was strong against the candidacies of both McKinley and Bryan, and seemed to indicate that third ticket would be the outcome of their convention, although there is also desire to combine with the anti-imperialists if possible, and there is scarcely a possibility of the anti-imperialists nominating a ticket. Called To Order. The convention of the "Independents" was called to order this afternoon in the Commercial Club rooms by Thomas M. Osborne, of Auburn, N. Y.

The number of delegates was not large, but enthusiasm was plentiful. Mr. Osborne stated that the committee calling the convention was appointed in New York In July. "We have chosen," he said, "to be known, temporarily at least, by the name of the National party. Both the old parties have grown corrupt and selAsh.

We are asked to compromise not only in matters of judgment but in matters of conscience. In place of Lincoln and Sumner and Chase, we have McKinley and Platt and Hanna; and in place of Tilden and Cleveland and Russell, we have Bryan and Altgeld and Tillman. We favor a platform containing anti-imperialism, sound money and civil service reform. With much of the movement of the anti-imperialists or "liberty congress," which meets here tomorrow, we are in sympathy, but at the same time we want it understood that we are entirely distinct and separate from them." Mr. Ehrich's Speech.

trom the Official Call Read. Louis R. Ehrich, of Colorado Springs, was then presented as temporary chairman of the convention. Mr. Ehrich was frequently applauded during the reading of his address.

His speech was devoted to money, trusts and imperial. Ism. Mr. Ehrich said the delegates met neither as Republicans nor Democrats, but as independents: It was in the nature of things that no political: party would always be right. Passing to the subject of trusts, which Institutions, he declared, invariably began to thrive whenever the Republicans came into power, Mr.

Ehrich spoke as follows on currency legislation: Four years ago, in this very city, I at the convention of the gold Democracy, 1 was permitted to discuss it at length. Today it is a dead issue. Even the Kansas City convention, had it been able to act without pressure, would have registered an overwhelming majority against it. The issue lingers with ghostly, post-mor. tem existence, due partly to the force of inertia, but principally to the destre of intellectual consistency on the part of a great political leader.

The people, more especially in view of the falsified prophecies of 1896, have come to realize that the highest standard dollar, the dollar with the greatest purchasing value, is none too good for them. Within an early perlod of time all men will grasp the clear truth that the gold standard has not come as the result of intrigue or of unjust discrimination, but as the final legislative expression of an evolutionary tact the tact that the world's exchanges, in their complexity and vastness, had come to demand one undeviating standard of money measurement. Mr. Ehrich concluded as follows: declare that, if need be, I shall fight this Philippine crime so long lite shall last. The crisis presents the alternative between national self-restraint and just106 which shall lift us to a higher plane of civilization, and national lust and oppression, which will soil and corrupt the very soul of the republic, It is the choice between the imperialistic spirit of Napo.

leon, who taught "everything for the peopie, but nothing by the people," and the republican spirit Lincoln, who said that "government of the people, by the people and for the people shall not perish E. V. Abbott, of New York, after beIns elected secretary, read the official call of the convention. A resolution was then adopted reciting that "among the anti-imperialists who meet here to-morrow there will be found many who seek not only to counteract the evils of the present Administration, but also the evils produced in our public life by the press and candidates of the Democratic party: therefore It Is resolved that a committee of three be appointed to communicate to the Liberty Congress a statement of the purposes of this convention." Prof. Nash's Address.

Prof. Francis Philip Nash, of Geneva, N. brought forth the greatest enthusiasm of the session by a short address. "Four years ago," he said, "the platform of Bryan was more dangerous and the record of McKinley less objectionable. This year the candidates of both parties are morally Ineligible.

It is charged that Mr. Bryan procured the ratification of the treaty of peace with Spain simply for the purpose of embarrassing the Administration. It he did that the only name that can properly be applied to him is the name of traitor. But we have too much belief in his high character and integrity to think that those were his motives. It may be that we object to Mr.

Bryan chiefly on account of the company he keeps. Mr. McKinley, after telling the world what would be criminal aggression, proceeded himself to consummate that crime. The President of the United States has robbed this people of their good name and their honorable standing among the nations. Yet we are told to re-elect Mr.

McKinley because we are told he will be more conservative in his second term. We are told he keeps his ear to the ground and in that way learns the rightful policy, An ear turned to ground is deaf to the voice of the conscience and the voice of God. As to the vice presidential candidates I have little to say. Of one of them I shall say nothing. As to the other, the old dramatic hero with the adhesive hat, many now refuse to think of him or speak of him.

A few years ago he promised much, but we who were his admirers are now disappointed and grieved at his actions. We owe these candidates to machine politics and the volce of the bosses, and we will not have better things until the bosses and machine politics are terminated." Mr. Chapman's Talk. John Jay Chapman, of New York, beIng called on for a speech, said that McKinley would be re-elected because Bryan is tied up to things which the conscience of the country can not support. The speaker said he admired much of Bryan's personality, and particularly approved of a great part of his Indianapolis speech of acceptance.

"When I read that speech," he said, "I was at first inclined to think that I would vote for Bryan, but I have now determined that I can not do that, because in order to vote for him I should have to vote for electors picked out by Richard Croker. We are powerless to win this year, but we must make a beginning, and the sooner the better." Mr. Chapman concluded by expressing the hope that the independents and the anti-Imperialists would be able to get together In the nomination of a third ticket. At the conclusion of Mr. Chapman's address the convention adjourned subject to the call of the chairman.

It is not probable that they will be called together again until after the anti-1mperialists have held their first to-morrow morning. EX-CONGRESSMAN JOHNSON Tells Why He Opposes Third Party and Why He Is For Bryan. Hagerstown. Aug. Isaac H.

Klein, of New York, the principal promoter of the new National party, has written the Hon. Henry U. Johnson, ex-Republican Congressman from this district, that the Independents are not willing to trust their cause to either McKiniey or Bryan, and want third ticket which they can support and work for. Mr. Johnson is urged by Mr.

Klein to attend the National Convention at Indianapolis. In reply, Mr. Johnson expresses himself characteristIcally and vigorously. He says: have read both your letter and the call for the convention with care, and in answer wish to express to you the profound regret I feel that this independent movement is in contemplation. Either William McKinley or Willtam J.

Bryan will be elected President of the United States next November, Either the Republican or the Democratic party will prevail, An independent party will not stand ghost of a chance at the polls, McKinley and his party are thoroughly committed to the brutal and dangerous policy of imperialism. Mr. Bryan and his party are fearlessly and honestly antagonizing It. In view of these conditions, the promot. ers of the Independent ticket are, in my Judgment, taking upon their shoulders fearful responsibility.

They ought to know that with the re-election of McKin. ley, imperialism will be firmly established as the permanent policy of the nation, and that it will then be too late to induce the American people to retrace they ought to know that this independent movement will simply result in minimiz. ing the opposition to the Imperial tendency, and in aiding the present infamous Administration in its efforts to maintain itself in power: they ought to know that McKinley, in the event they do not give him their direct support, will be delighted to have them take precisely the course they now contemplate. I submit, therefore, that this is a dangerous time for a third party movement. There is just now too much involved to the republic to juetity a new political organization, Free I grant you, would economic mistake, but, while it might damage, it could not ruin.

The error could be corrected. But Imperialism attacks the very form of our government; It destroys the baste principle of our entire system. It invites, and will produce, moral decadence in our countrymen. Such evils as these are not only appalling, but are also unremediable. In the grave crisis which now confronts the country, I can not, therefore, waste my strength, but shall give to William J.

Bryan and the Democratic party, as the only political factor possessing the disposition and, at the same time. at all likely to possess the power to avert the danger which hangs over us, my earnest and enthustastic support. Mr. Johnson will not be able to attend the organization of the Anti-Imperialistic League at Indianapolis. He has not entirely recovered from his extended illness and seldom leaves his room.

His physician, however, announces his probable early recovery, when he will at once take the stump for Bryan. THE ANTI-IMPERIALISTS. Six Or Seven Hundred Delegates Expected At To-day's Convention. Indianapolis, Aug. The convention of the American League of Anti-Imperialists, or "Liberty will be called to order at 11 o'clock to-morrow morning in Tomlinson Hall, The speech of the temporary chairman, Edwin Burrift Smith, of Chicago, is expected to lean toward the tacit If not expressed Indorsement of Bryan, but it is not thought that the convention will go tarther than to express strong condemnation of imperialism in every form and degree, leaving the question of candidates coen, It seems probable that they will perfect an organization which shall labor for the defeat of Mr.

McKinley, leaving their followers to vote for Mr. Bryan or to retrain from voting as they may choose. About two hundred and fifty delegates are already here, and enough more are expected during the night and to-morrow morning to swell the number to six or seven hundred. The greater number of those who arrived to-night were from Penneyivania, New York and New England. Among them were ex-Gov.

George S. Boutwell, Gamaliel Bradford and Erving Winslow, of Massachusetts; George G. Mercer, of Philadelphia; Franklin Pierce, of New York; Dr. Will1am A. Croffut, of Washington; Robert G.

Stevenson, of Cincinnati, and Moorefield Stores, of Boston. Ex-Gov. Boutwell will probably be permanent chairman of the convention. Carl Schurz can not be here, on account of the funeral of his son. In his stead an address will be delivered to-morrow night by Sigmund Zeisler, of Chicago.

It is not yet certain whether Bourke Cockran can reach here In time to deliver his speech, His speech is prepared and in case he does not reach here it will be read to the convention. Ex-Senator John B. Henderson will arrive from Washington to-morrow morning. Fired On From Ambush. English, Aug.

attempt was made last evening to assassinate Otho Mock as he was crossing Turkey Fork creek from Leavenworth toward the camp meeting grounds One shot missed his face. Mock is a young busluess man of Leavenworth and carconsiderable money. The Rise In the Colorado. Fort Worth, Aug. There has been no cessation in the ze of the Colorado river.

It is now within a few feet of the recent rise which caused great destruction along the valley and it is believed it will overflow. Three bridges have already been swept away by the rapid current. "Brome" not the same as "Bromide." In buying Laxative Bromo-Quinine Tablets, the old standard remedy which cures a cold one day, be sure that it is labeled Brome and not Bromide. At ail druggists. FERRELL Says "Not Guilty" When Arraigned In Court.

COLLAPSED AFTER TRIAL. VISITED BY SWEETHEART BEFORE LEAVING COLUMBUS. DUMMY EXPRESS PACKAGE. Marysville, Aug. 14-Rosslyn H.

Ferrell arrived here this morning at 7 o'clock. Hundreds of people were at the depot. The prisoner was marched to the Jail and placed in a cell In the woman's department. Ferrell smoked a cigar on the train and showed no signs of nervousness. The prisoner was arraigced befcte Mayo: Hamilton, in the prese-ce cf hundreds of people.

The Mayor read the warrant charging Ferrell with the murder of Lane, and asked him If he was "guilty or not guilty. The prisoner sald he was "'not and waived examination. He was held without bond to await the action of the grand jury and was at once returned to Jail. Ferrell collapsed after he was taken back to the jail, and is moaning and crying for his mother. Dr.

Mills was called to attend him and endeavored to quiet him. A special guard has been placed over the Interview and for a time was in a comatose condition. Ferrell's father called at the Costlow home last night and had an interview with Mr. Costlow, but nothing is given out as to its nature. Mr.

Ferrell later returned to his home in Steubenville. THE ZIONIST CONGRESS Guarded By Police In Order To Keep the Evangelistie Opposition In Bounds. London, Aug. Though the evangelistic opposition meeting was resumed to-day under the porch of All Souls' church, near Queen's Hall, where the Zionist congress is in session, the presence of an increased police reserve force prevented anything more serious than constant "booing" and hooting. The congress devoted the morning to listening to President Heral's and other reports, which showed the marked numerical and financial growth of: the movement.

The recess was devoted to a meeting of the women delegates. Mrs, Gotthell, of New York, presided, and Miss Bluestone and other New Yorkers partici, pated. prominently. Mrs. Gotthell favored maintaining both the national and religious aspect of the Zionistic movement, but in order to appease the strong Russian sentiment the delegates decided to leave the question free in the hands of the leaders of each nation to act as expediency dictated.

Delegate G. H. Mayer, of Philadelphia, said the Zion movement would undoubtedly increase, adding: "I am in a position to know that our general committee is In possession of diplomatic secrets showing the scheme is favored by many European Governments which might be supposed to op- ROSSLYN H. FERRELL, THE OHIO TRAIN ROBBER. FORMER EMPLOYE OF EXPRESS COMPANY WHO KILLED EXPRES MESSENGER LANE AND ROBBED SAFE IN ORDER TO SECURE MONE FOR HIS APPROACHING WEDDING.

Ferrell to keep him from committing suicide, as he stated he would do. ONLY A DUMMY PACKAGE, But Wrapper Is the Original One Used By Murderer Ferrell. Lockport, N. Aug. package addressed to' W.

Caylor, Lockport, N. lies in the safe of the American Express office in this city waiting claimant. It is supposed to be the package expressed by Ferrell, the Ohio express robber, who murdered Messenger Lane and then sent the way-bills to a fictitious address in Lockport. The package will be held until claimed by the consignee, who is not known here, or by the Adams Express Company. Columbus, 0., Aug.

The express package received at Lockport, N. addressed to C. W. Caylor is only a "dummy." The wrapper, however, is the original one used by Ferrell, the express robber, and as such it is an Important piece of evidence. The officials of the express company have ordered the package returned to Columbus.

When the detectives learned that the mysterious stranger who stopped at the hotel In Plain City, on the night of the murder and robbery, had expressed a package to Lockport. N. it was immediately intercepted at the transfer office in this city and opened. It was found to contain the stolen express sacks and envelopes from which money and papers had been taken. While susrecting that the address on the package was fictitious, the detectives nevertheless thought it best to fx up a "dummy' and forward it, so that in case they should be mistaken it would still leave a chance for apprehending the robber.

VISITED IN JAIL By His Sweetheart Before Being Taken To Marysville For Trial. Columbus, 0., Aug. Rosslyn H. Ferrell, the confessed murderer of Express Messenger Lane, was taken to the Toledo and Ohio Central Depot this morning by local police and removed to Marysville on the 6:05 train. An affidavit filed at Marysville charges Ferrell with first degree murder.

At 2 o'clock this morning the anguish of Miss Costlow, Ferrell's flancee, became unbearable, and after long struggle with her pride, her love for the erring man overcame all else and she begged to be taken to his side. Her father at last yielded to her agonized entreaties and consented to allow her to go, and accompanied her to the prison. The visit was conducted with the utmost secrecy and was very pathetic. It was at once a meeting and a parting forever. Ferrell was reclining on an tron bed, and as the young woman walked in he attempted to rise, but fell back.

The matron lifted his head, and he winced at the loving words from the lips of his betrothed. His voice failed and was only audible at times. They spoke in whispers when they finally did begin conversation. They were left alone for a time. When they were about to say good-bye, probably forever, they kissed, and the young woman was led away.

To-day Miss Costlow is prostrated and under a phyalcian's care. Ferrell collapsed after KRUGER Said To Have Sought American Protection. WANTED TEMPORARY ASYLUM IN THE CONSULATE AT LOURENZO MARQUES: WASHINGTON SIDE OF CASE. London, Aug. -President Kruger at one time made a formal application to the United States to grant him a sanetuary in case the necessity for it arose.

This occurred, according to Secretary of State Reitz, of the Transvaal Republic. the day Lord -Roberts entered Pretoria. The details of the event have been related to a representative of the Associated Press by Me. F. W.

Unger, who has just returned from the Transvaal and who secured the Information from Secretary Reitz and others. After quoting the Secretary as saying President Kruger would never take to the mountains, on account of his age, but would retreat down the line, finally escaping to Portuguese territory, Mr. Unger said that the day the British entered Pretoria President Kruger sent for Mr. W. Stanley Hollis, the United States Consul at Lorenzo Marques, and Mr.

Hollis was taken to Machadodorp in a special car. President Kruger asked him if his Government would grant him (President Kruger) an asylum in the Lorenzo Marques consulate until he (Mr. Kruger) made other arrangements for his departure. Prestdent Kruger expressed tears concerning his treatment by the Portuguese Government and wished to guard against any possible British landing parties. Mr.

Hollis asked for time to consult with bis Government, and President Kruger assured him he would receive a week's notice before putting the plan into execution. In consequence of this visit to the Transvaal and the transmission of President Kruger's request to Washington, Mr. Hollis received instructions from Secretary Hay not to leave Portuguese territory again. Mr. Unger, in conclusion, said: make this explanation in justice to Mr.

Hollis, whose action has been misunderstood both in America and Great Britain." Mr. Unger did not know whether the State Department, eventually gave specific answer to President Kruger's request. HOLLIS NOT CALLED DOWN. No Formal Request For Asylum For Kruger Received At Washington. Washington, Aug.

is said at the State Department that no formal application has ever come from Consul Hollis for a sanctuary in the American consulate for President Kruger, and that the instructions sent to the Consul to confine his energies to his consular duties was not a result of any discussion of an asylum for the Boer President, as the department was not aware that Mr. Hollis had visited the President. le stated also in this. connection of asylum or sanctuary. web not exist as to the consulates, but is purely a diplomatic immunity at a legation or other quarters occupied by a Minister.

It appears that some intimation on the subject reached the offcials here, but it is said to have not been such a formal application as would be requisite. Had formal application been made, it is stated, it would have been passed on by the President, but nothing communicated has called for such action. JOHN 1. INGALLS DYING. Famous Kansas Ex-Senator Is In New Mexico and Is Sinking Rapidly.

Atchison, Aug. Ex-United States Senator John J. Ingalls, who is in Las Vegas, N. for his health, is sinking rapidly, and his son, Sheffleld Ingalls, to-day started for the bedalde of his father. A telegram from Mrs.

Ingalls recelved here to-day announced the serious condition of Mr. Ingalls, who has been In the Southwest for over a year for a throat difficulty. It has been belleved here for three months that he was fatally ill. Ellsworth Ingalls, the eldest son, who is at Sioux Falls, S. has been notifiled, and will start immediately for New Mexico.

Ralph Ingalls, another son, is now serving in the Philippines as commissary of a Kansas regiment. Senator Ingalls has suffered from throat trouble since March, 1899, when, on the advice of physicians, he gave up his work in Washington and returned to Atchison with his. family, He placed himself under the care of a specialist, but grew no better, and was advised to go South, He traveled through Arizona and New Mexico, Two months ago he prepared to return home. Physicians were consulted and advised him not to leave Las Vegas. Soon thereafter Mrs.

Ingalls joined her husband, and has remained constantly at his side. Senator Ingells: second daughter, Mrs. Robert Porter Shick, died at 'Reading, shortly after Mr. Ingalls went South, and he was then too ill to attend the funeral. Senator Ingalls is sixtyseven years of age.

decided to return to the arrival of his here. He says he although he is very Will Return To Kansas. Las Vegas, N. Aug. Ex- Senator Ingalls has Atchison soon after sons, now en route feels able to travel, thin and weak.

A UNIVERSAL FOOD. Following Nature's Footsteps. "I have a boy, two years old, weighing forty pounds and in perfect health, who has been raised on Grape-Nuts and milk. "This is an Ideal food, and evidently furnishes the elements necessary for a baby as well as for adults. We have used Grape-Nuts In large quantities and greatly to our advantage." F.

W. Leavitt, Minneapolis, Minn. One advantage about Grape-Nuts Food is that it is pre-digested in the process of manufacture; that the starch contained in the wheat and barley is transformed into grape sugar in exactly the same method as this process is carried out in the human body; that is by the use of moisture and long exposure to moderate. warmth, which grows the diastase in the grains and makes the remarkable change from starch to grape sugar. Therefore, the most delicate stomach can handle Grape-Nuts and the food is quickly absorbed into the blood and tissue, certain parts of it going to building and nourishing the brain and nerve centers.

Made at the pure food factories of the Postum Cereal Co. Battle Creek. Mich. ARGUMENT (Continued From First Page.) of said conspiracy and in pursuance to counsel, advice, encouragement, aid or procurement, so as aforesaid given by the defendant, the said Henry Youtsey, James Howard, Berry Howard, Harlan Whitaker, Richard Combe, or other person or persons unknown to the jury, acting with them or elther or any of them, did shoot and wound the said William Goebel with gun or pistol loaded with powder and leaden ball or other hard substance, and from which shooting and wounding the said. Willlam Goebel did then and there within a year and a day die, they ought to find the defendant guilty of murder and fix his punishment at death or confinement in the State penitentiary for life in their discretion.

Identity of Assassin Not Compulsory. Third- it the jury believe from the evidence, beyond. reasonable doubt, that the defendant, Caleb Powers, conspired with, aided, abetted, counseled or advised W. H. Culton, F.

W. Golden, Green Gold. en, John L. Powers, John Davis, Charles Finley, W. 8.

Taylor, Henry Youtsey, James Howard, Berry. Howard, Harlan Whitaker, Richard Combs, or elther or any of them, or some unknown person or persons acting with them or either of them to kill and murder William Goebel, and in pursuance of such conspiracy and in furtherance thereof, the said William Goebel was killed by Henry Youtsey, Jas, Howard, Berry Howard, Harlan Whitaker, Richard Combs, or either or any of them, or by some unknown person or persons acting with them as a member or members of such conspiracy, by shooting sald William Goebel with a gun or pistol loaded with a leaden or steel ball, or other hard substance, and from which shooting and wounding the Said Goebel then and there did within a year and day die, they ought to find the said Caleb Powers guilty, whether he was present at the time of the shooting or wounding or not, or whether the identity of the person so shooting and wounding the said William Goebel be established or not; and if the jury shall find the defendant guilty, they ought to fix his punishment as indicated in instruction No, 2. About the Mountain Army. Fourth--It the jury believe from the evidence beyond a reasonable doubt that the defendant, Caleb Powers, conspired with W. H.

Culton, F. W. Golden, Green Golden, John L. Powers, John Davis, Jas. Howard, Berry Howard, Charles Finley, W.

8. Taylor, Harlan Whitaker, Richard Combs, Henry Youtsey, Or either or any of them, or other person or persons unknown to the jury, acting with them, to bring a number of armed men to Frankfort for the purpose of doing an unlawful or criminal act, and, in pursuance of such conspiracy, defendant did advise, counsel or encourage the killing of any member of the Legislature, said William Goebel being a member thereof, and said Goebel was killed in pursuance of such advice, counsel or encouragement; then the defendant is guilty of murder, whether the person who perpetrated the act which resulted in the death of William Goebel has been identified or not, and if the killing of said William Goebel was committed In pursuance of such advice, counsel Or encouragement and was Induced and brought about thereby, it does not matter what change, if any, was made by the conspirators, it any was made, to their original designs or Intentions or the manner of accomplishing the unlawful purpose of the conspiracy. the jury believe from the evidence beyond reasonable doubt that there was in existence in the county of FrankIn, and State of Kentucky, a conspiracy Ito -kill and murder William Goebel, as set forth in the Indiotment, and that the defendant, Caleb Powers, was a party to said conspiracy, and that William Goebel was killed by one of the persons named in the Indictment, to-wit: W. H. Culton, F.

W. Golden, Green Golden, John Powers, John Davis, Charles Finley, W. S. Taylor, Henry Youtsey, James Howard, Berry Howard, Harlan Whitaker, Richard Combs, or by any person or persons unknown, acting with the defendant and In the manner as set forth in the indictment, and the shot was fired which brought about his death in furtherance of such conspiracy, all persons who were members of such conspiracy at the time were guilty of murder; and it the jury further believe from the evidence beyond reasonable doubt that the defendant, Caleb Powers, was a member of such conspiracy at the time, they ought to find him guilty, although the jury may believe from the evidence that at the time of the shooting. wounding and killing of William Goebel the said Powers was not present and the time of the killing of said Goebel had not been definitely fixed and agreed upon by the conspirators, if there was a conspiracy to kill said Goebel.

About Acts and Declarations. Sixth--If the jury believe from the evidence beyond a reasonable doubt that a conspiracy was formed between the defendant and W. H. Culton, F. W.

Golden, Green Golden, John L. Powers, John Davis, Charles Finley, W. S. Taylor, Henry Youtsey, James Howard, Berry Howard, Harlan Whitaker, or either or any of them, or with others to the Jury unknown, acting In concert with them, or either of them, to kill William Goebel, after the formation of such conspiracy, any, every act and declaration of each of the conspirators done or said in furtherance of the common designs before the consummation thereof, became the act or declaration of all engaged in the con- spiracy. Not Saved By Change of Plan.

Seventh- The court instructs the jury that if they believe from the evidence beyond a reasonable doubt that the defendant, Caleb Powers, conspired with W. H. Culton, F. W. Golden, Green Golden, John L.

Powers, John Davis, Charles Finley, W. S. Taylor, Henry Youtsey, James Howard, Berry Howard, Harlan Whitaker, Richard Combs, or any one or more of them, or with some other person or persons unknown to the jury, acting with them or either of them, to do some unlawful act, and that in pursuance of such conspiracy or in furtherance thereof, the said Henry Youtsey, James Howard, BerTy Howard, Harlan Whitaker, Richard Combs, or some one of them, or some other person unknown to the jury, acting with them, or with those who conspired with the defendant, if any such conspiracy there was to do the unlawful act, did shoot and kill William Goebel, the defendant is guilty, although the jury may believe from the evidence that the original purpose was not to procure or bring about the death of William Goebel, but was for some other unlawful and criminal purpose. Accomplices Must Be Corroborated, Eighth The Jury can not convict the defendant upon the testimony of an accomplice unless such testimony, be corroborated by other evidence tending to connect the defendant with the commission of the offense; and the corroboration is not sufficient it it merely shows that the offense was committed and the circumstances thereof, Ninth. Every fact and circumstance necessary to constitute the guilt of the defendant ought to be proved to the satisfaction of the jury beyond a reasonable doubt; and unless the defendant has been so proved guilty beyond reasonable doubt the jury ought to find him not guilty, Defense Excepts To Instructions.

After the reading of the Instructions ex-Gov. Brown arose and said: except to the instructions of the court." "AIL right," replied the Judge. Court was then adjourned until 6:30 o'clock p. m. The lawyers for the detense offered a strong objection to holdIng a night session, on the ground that Powers was physically unable to come into court, and was lying 111 at his cell in the jail.

"I have regard for the jury." replied the Court, "and the night session will be held." The Night Session. Upon the opening of the night session of the court at 6:30 o'clock, Mr. James C. Sims, for the defense, opened the argument in the case. He said that Powers had never asked but.

one thing, and that was a fair and an impartial trial. Pointing his finger at the defendant, he said: "Here is the man on trial for his life for the murder of William Goebel. He shall expect you twelve men to carefully weigh the evidence which you have heard and to render him a fair verdict. The court has told you that you can not convict him unless it has been proved to you that he is guilty beyond any reasonable doubt. His Honor has also instructed you that you can not convict this defendant on the testimony of an accomplice unless that testimony is corroborated by other witnesses.

"I call on the gentlemen on the other side to name other than Wharton Golden who has connected Caleb Powers with the killing of Goebel in any way. Where is he? I call on the gentlemen to tell. Who are these men who have testifled so strongly against Powers? There is Golden, W. H. Culton and Robert Noaks.

Both Golden and Culton are accomplices, and Noaks was arrested on a warrant and extradited from Virginia. Then there is Finley Anderson. On his testimony, why is he not under indictment as an accessory to the mur- der." Claims the Case Not. Proved. complices." Not Shot From Powers' Office.

Mr. Sims, walking over to. the side of the room occupied by the lawyers for the Commonwealth, said: "Show me the man that testified that Caleb Powers, when in Louisville, stated that it looked suspicious for him to be there and that he had to return to Frankfort." He said the lawyers for the Commonwealth had endeavored to leave the jury under the impression that 1m- mediately after Goebel was shot the doors and windows of the Executive building bristled with bayonets. He declared that not one witness had testifled that this condition existed. He claimed that the Commonwealth had never proved that Goebel was shot from the Secretary of State's office.

"They have proved," thundered the speaker, "that Powers raised the crowds of mountain men. He admitted that and says that he was probably more instrumental in bringing them there than any other person. But want to ask here and now where and by whom they have proved that these men were taken to Frankfort for an unlawful purpose." do not uphold assassination, and It is to be condemned; but I want you gentlemen of the jury to bear mind the fact that this detendant can not be convicted on testimony of these ac- The speaker argued that the Commonwealth had shown that the rate of tall of a straight line drawn from the second window in Powers' office to the hole in the hackberry tree was 13-16 of an inch, yet the rate of descent of the ball in Goebel's body was 1 13-16 Inches. After Dre. Ely, Hume and Weish had been put un the stand he said, and the inconsistency of the Commonwealth's theory on this point had been demonstrated, then Dr.

South was called to testify that a man in. walking raised and lowered his shoulders, and that the skin was drawn tighter over the back when one was ascending an incline. This, he said, was done to excuse the falsity of their theory that the bullet which killed Goebel was fired from Powers' office and lodged in the hackberry tree. "Ah! they know Senator Goebel WAS not stoop-shouldered. He was erect.

They know he did not raise one shoulder half an inch and lower the other three-quarters of an Inch when he walked. They try to show you that Goebel fell where the nails are driven in the pavement. Who has said so in so many words? Have you not. been told that Goebel fell to the south, to the north, to the east and to the west of those nails?" Alleges Counter-Conspiracy. "When were those nails driven there? I'll tell you.

They were put there after 8 line had been drawn from Powers' office to the hackberry tree. Now, let us see who saw Goebel shot. Many say they saw him tall, but who saw the gun pointed from Powers office? Ed Steffee says he did, and "Strolling Weaver" says he did. Weaver, strolling. strolling everywhere, says he saw the assassin's gun.

I want to ask here and now who was responsible for bringing into this court-room man who, by false testimony, tried to swear this defendant's life away? I say who brought Weaver here? Somebody did. He did not come unsolicited. "Don't you know that one of the attorneys for the Commonwealth was sworn in as a special bailiff and brought him here?" "It has been proved that Weaver swore to Infamous lies, and a man who does that against another on trial for his life is a scoundrel and worse than an assassin. "Oh! what a tangled web to weave When first in practice to deceive." "Now, let me tell you, if they got one man like Weaver they may have got others." Then the speaker mentioned the names of Golden, Culton, Noaks and Anderson, and said that while Weaver was not a Golden, he WAS a golden stroller. Mr.

Sims paid a tribute to Powers and told of his straightforward manner on the witness stand. He said the prisoner had nothing to conceal and had told the whole truth. He declared that combined legal talent of "New York, Ohio and Kentucky" could not confuse Powers, and he was unscathed by the rigid cross examination to which he was subjected by the Commonwealth. Testimony Assailed. The speaker said that Noaks bad sworn that Caleb, Powers asked him to get some smokeless powder cartridges prior to November 28, which was before the Election Commissioners had Issued certificates to any one, and that Powers could not have anticipated at that time that he would not get his office.

He argued that Noaks had told of John L. Powers having related to him on the morning of January 25 that Goebel was to be killed when he entered the Capitol grounds. It had never been contradicted by the Commonwealth' on proof that Powers was not in the Capitol grounds that morning, but was sick in bed in his room. Mr. Sims also said the proof was strong that Caleb Powers, on the afternoon of January 25, was sick when Noaks swore that he had so many conversations with him.

Noaks swore to having seen Taylor in his office on the same afternoon, and he declared that proof had never been given to contradict the testimony that Mr. Taylor waS at the Executive Mansion all day. Col. Campbell Attacked. The speaker pointed to the fact that every one of the Commonwealth's strong witnesses had been examined by Col.

T. C. Campbell and that all the numerous contessants had made it a point to confess to Col. Campbell first. He said this was truly remarkable and a strange coincidence, Yet, the speaker asked the jurors to remember that even after the so-called star witnesses -had confessed, their minds had to be refreshed when they were on the witness stand by huge bundles of notes held by Col.

Campbell. Mr. Sims then cited the arrest of Noaks to the jury and told of Col. Campbell having gone to Virginia under an assumed name. "I thank God," shouted the speaker, "that such tactics are not practiced by lawyers in Kentucky." During his reproaches to Col.

Campbell, Mr. Sims looked straight at the lawyer for the Commonwealth. His ridicule of the New York attorney was severe and stinging. The speaker displayed much satire and made his words stronger by his gestures and facial expressions. He spoke of Caleb "open, honest face, as compared' with the hang-dog countenances.

of Noaks, Culton, Golden, Anderson and and said that a man with face, could not be guilty of the crime with which he is charged. The speaker touched the $100,000 reward fund, and said that when Culton was on the stand he did not say that he had received any money up to that time, but did not say he was not expecting a part of the $100,000. When Mr. Sims concluded he was congratulated on his speech by numerous persons, many women being among the number. JOHN D.

WAKEFIELD ALLEN COUNTY HOG CASE Still Unsettled and Both Litigants Determined To Run the Gamut of the Courts. Scottsville, Aug. 14- There is no case on the common law docket of Allen county in which there has been more Interest manifested than in the Moore-Erwin hog suit which was tried for the third time Saturday, in Quarterly Court, and which is yet unsettled. Several weeke ago a dispute arose between Trigg Moore and will Erwin, two prominent farmers of the Gainesville neighborhood, regarding some hogs, the value of which was dollars suit for the recovery of the hogs was instituted by Moore in Magistrate's Court at Gainesville, and a verdict gained. The cost of this trial was $100.

Erwin appealed to the Quarterly Court. By this time the neighborhood was highly interested and two strong factions immediately sprang up. Seeing the importance of immediate settlement, some of the cooler-headed citizens pleaded in vain for arbitration. Two more trials were had, each resulting in a hung jury and incurring $150 additional cost. Both litigants are to fight the case out in the courts.

pose our occupation of Jerusalem. These are inclined to Believe we might not only solve the Jewish but the Eastern question simultaneously. "I do not know that we are yet ready for a charter, but I believe it may come at any STEAMBOAT EMPLOYES Precipitated Into the River and Drowned While Repairing Wheel. Memphis, Aug. Four employes of the steamer Hill City en route from New Orleans to Memphis lost their lives this morning at Blue Point Landing, Miss.

The men were engaged in repairing the wheel of the steamer when the plank gave way and they were precipitated into the river. All were drowned. THE DEAD. WM. BROWN.

R. FRESHEEN. JOHN DARGE. Fireman of boat, whose name could not be learned. The Hill City arrived in port this morning and the officers reported the catastrophe.

The victims of the accident resided in St. Louis. WIFE AND SON-IN-LAW Killed By An Ohio Man, Who Then Went To a Hay Mow and Committed Suicide. Xenia, 0., Aug. 14-A terrible crime was committed at Jamestown about o'clock this morning, when A.

G. Bingamon killed his wife and son-in-law, James Bradley, and then committed sulcide. The tragedy was the result of family troubles, There are no living witnesses, but it is thought Bradley interfered during trouble between Bingamon and his wite. Bingamon shot both of them and then went to the hay mow and shot himself above the heart, making a fatal wound. The parties were all prominent.

The Jury of Awards. Paris, Aug. The final meeting of the Superior Jury of Awards this morning shows 42.790 to be the total number of awards made to exhibiters from all countries at the Paris Exposition. 8,166 They are divided into 2,827 grand prizes, gold medals, 12,244 silver medals, 11,615 bronze medals and 7,938 honorable mentions. John M.

Morton Dead. Washington, Aug. Secretary Gage to-day received a telegram announcing the death on July 15, at St. Paul Island, Bering Sea, of apoplexy, of Special Agent John M. Morton, a son of former Gov.

Oliver P. Morton, of Indiana. He was buried on the island. Barn Destroyed By Lightning. Elizabethtown, Aug.

the storm last night the barn of Mr. Harry Fowler was struck by lightning and burned, together with the contents, composed of bay, grain, two wagons and a large lot of farming implements, Loss about $4,000. POST OFFICE INSPECTOR Arrests Two Men Suspected of Complicity In Mobbing a Florida Postmaster. Washington, Aug. On Friday, August 3, the post-office building at Mulat, was attacked by mob, the members of which broke down the doors, smashed the windows, demolished portions of the furniture and threatened to kill the postmaster, who fled in affright.

Yesterday Post-office Inspector Bass arrested Conle Gaines and Robert Leonard, white men at Mulat, on the charge of being implicated in the attack upon the post-office. The postmaster had made himself odious in the community, and had refused to resign. Hence the assault. THE EXCHEQUER LOAN. Labouchere's Paper Sees Nothing Wrong About Selling Bonds In United States.

London, Aug. 14- Truth, Henry La Bouchere's paper, replying to some of the criticisms upon the placing of large portion of the exchequer loan In the United States, says: "We can see nothing derogatory in selling the bonds to America. It is an Indication of the enormous growth of wealth in the United States. Nor would we be surprised If, in view of their continued prosperity, our American cousins were to act as our bankers in the future In a good many instances. We can see no harm in such a relation." A Killing In Tennessee.

Tracy City, Aug. -Near Pelham, James Hunter killed Bedford Blessing. Hunter and Blessing's son had some trouble. Old man Blessing went to Hunter's home to investigate the matter and some hard words passed, when Hunter cut Blessing, completely disemboweling him. Blessing died almost instantly.

Hunter fled. Blessing was a highly esteemed citizen of this county. 0080404040 The Daily Use of Abbey's Effervescent Salt Keeps you in Perfect Health. Your druggist has it. 50c.

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