The Chanute Daily Blade from Chanute, Kansas • 1

I i i VOL. III. NO. 42 TUESDAY EVENING, CHANUTE. KANSAS.

JUNH 27, 1905. EVENING, FOUR PAGES and I repiied that I was not like the "THE ETERNITY FLYER. NELIDOFF AND ROSEN COUNTY SEAT By HeCutdMon. in Chicago Dally Tribune To Go Into Business at Bartlesville. Wm.

A. Robertson; who has been aaged in the livery business here ir some time as one of the firm, of Robertson, 119 South Gram, has purchased a stable at Bartlesville, and left for there today. He stored his household goods and tUI move them as soon as he can find k.i.sidence. MILL OF JUSTICE GRINDS MERRILYON DURING HOT SUMMER DAYS. I CHAPPLE CASE IS DECIDED The Court Decides Case of Chappies vs.

sas Vitrified Brick Co. for the Plaintiffs. Kan- The case of F. H. Chappie and Mary II.

Caapule vs. the Kansas Vitrified Li. comDanv occupied most ot the court's time this morning at Erie. The proceedings this morniug were under the section of the statute known as the "Occupying Claimant's Act," wherein the defendants sought on a motion subsequent to judgment to esUb.ish a claim in their behalf for 'such valuable land and lasting im REVOLT IS GROWING Drovements as the said defendants had erected on the land in question. The court overruled the motion of the defandanta because of the fact, admitted by the council for the defense, that all improvements wtre placed upon the land subsequent to the commencement of the suit, the statute governing iL such cases being to the effect that no claim can be allowed after notice of suit has been given.

The defendants accepted the verdict and will appeal to the Supreme court! They were given time in which to perfect their appeal, and the bond fixed at 1,000. This bond Is required to protect the plaintiffs from such damage as might occur to them pending the perfection of the appeal. The question as to the oil taken from the lease amounting it is said to over $10,000 comes up in the Montgomery county court. The attorneys for the plaintiffs were Keplinger Freck, of Kansas City.and B. F.Shinn and J.

B. F. Cates. For the plaintiffs H. P.

Farrelly and S. C. Brown. Elizabeth W. Burger vs.

August A. for divorce, was hotly contested by the attorneys a and the court took the case under ad isement. -i i I 1 The following is the program as man who wouldn't come. 1 was on my own premises and attending to my own affairs when Byers made this talk. I started to walk out toward the gate with a strainer in my hand, and dropped it on the ground as 1 advanc ed.

As I cime near the fence, which is very low, Byers jerked off his wooden leg and taking it in his hands struck a terrible b.ow. Byers was on the outside and I was on the inside of the fence. He struck at me a second time and just as the wooden leg passed my head I rushed through the gate opening and clinched him, grabbing him by the throat with one hand. We both fell and the wooden leg flew toone side. "I did not threaten to right when he came up, did not attempt to strike him when I walked out.

to the fence, and did not hit him when I had him down. I was only trying to defend myself after the fight started. "While Byers and I were on the ground, Marion Byers and Fred Glover again drove upon in the' buggy. Harry, a younger son of Byers, was also there. One of the boys grabbed up the wooden leg and struck me over the head with it, and then another one took it and gave me another lick.

As soon as I saw where the blows were coming from I jumped up and ran into the house, just a few feet away and grabbed my gun. I held the gun down by my side and did not raise it to shot. The boys hurried away and Byers also decided it vas time for him to loave. While the bovs were pounding me someone Kicked me in the right side, causing very painful bruises. I was all covered with blood and my cloth ing was badly torn.

"As to the bad language mentioned, Byers called me about everything he juid think of, ani it is possible thi I expressed myself with some emph asis, although I most emphatically deny saying many of the things that have been charged with on the streets. "While Marion Byers and I had had some words about the horse, which be was abusing, the matter had bepn en tiiely settled and I had gone back to my work. Byers came up and started the trouble. I was on my own place and was not lookiog for trouble. I did not even go out to the fence until Byers threatened me, and did not go outside until it was necessary for me to do so to protect myself.

'The whole gang was atter me ana tnat was tne reason I finally got my gun." The woodeii leg mentioned is used hy Byers as a crutch in walking. One of his legs is crippled, and the crutch or leg serves as a support. It is made of bard wood is said to have a piece of iron on the bottom. The trial of Byers, his two boys and Fred Glover has been set for Monday in Judge Farmer's court. Tharp is about fifty years of age.

ONLY BEGINNING OF DEVELOPMENT W. T. Treleaven Says Fuel Oil Business Will Go Long way Toward Disposing of the Kansas Product. "The contract made in Chanute for the delivery of 30,000 barrels of crude oil in Wichita during the next twelve months," said W. T.

Treleaven, oil agent for the Atchison, Topeka Santa Fe, "is only the beginning of the development ot the fuel oil bus! ness, which will go a long way toward disposing of the product of the Kan sas wells. "My office is receiving inquiries from points as far south as Southern Oklahoma, asking as to the cost of oil per barrel delivered and the difference in the cost of oil and coal per ton of steam producing capacity. We have already been asked for cars for some shipments and have furnished them. One of the largest mills at Newton is substituting oil for coal; Other email er establishments along the line are investigating the economy of the use of oil. "Tests to demonstrate the economy of oil are being made at various places and in every test I am informed that the manufacturer has been convinced that oil is the best fuel we have ex cept gas and in most instances gss is 001 available.

"There has been a long and hard campaign to demonstrate the efflcten cy of oil as fuel and this campaign is bearing fruit." R. S. P. Deer is convalescing from a severe illness, covering a period President Is Informed of Their Appointment by Russia. KOilURA AND TAKAHIRA TO BE NAMED Announcements Are Hot Official, Bat Believed to.

Be Authentic No Armlttire Likely at Present. Washington, June 27. Russia has given reassurance of" its intention in the peace negatiations by placing the president in possession of the tentative selection of her plenipotentiaries, as follows: M. Nelidoff, the Russian am bassador at Paris, and Baron Rosen, the newly appointed Russian ambassa dor at Wasington. Russia thus hav ing taken the initiative it is believed Mr.

Takahira, the Japanese minister during his call at the White house Monday informally told the president that Japan's selections, also tentative. were Baron Komura, the Japanese min ister for foreign affairs, and Kogoro Takahira, the Japanese minister at Washington. Official announcement of the names of the plenipotentiaries is withheld for several reasons. M. Nelidoff's health may not permit him to make the trip and pressure of official work may ne cessitate the presence In Tokio of Baron Komura.

Mr. Takahira and Baron Rosen are regarded as the cer tainties and the belief is that unlesa something unforeseen should occur, both Russia and Japan will consent to the official announcement of the per sonnel of the Washington conferece within a few days. In any event both missions will consist of many advis ers, including army and possibly naval officers and officials from the foreign offices in Tokio and St. Petersburg. It is expected that altogether each mission may number ten or twelve.

Should six plenipotentiaries be chosen, both Russia and Japan have names under consideration which will enable them to announce their plenipotentiaries, without delay. In recognition of his service during the preliminary negotiations and In view of the high official rank of the Russian plenipotentiaries it is believed that the official announcement of Mr. Tkahlras appointment will be followed by his elevation, to the rank of am bassador. In view of the fact that Japan Intends when the war is over to elevate her legations at Washington, London, Berlin, Paris, Vienna, St Petersburg and Rome to embassies, it is believed Mr. Takahlra's elevation would be permanant.

While it is not certain that he will be given ambassadorial rank nor Is it necessary to his appointment as a plenipotentiary, officials of the' American government point out that this would be the regular and expected course for the Japanese government to follow. 1 Interests regarding an armistice has largely diminished in the last few days' because of the receipt of Information that the rainy season is beginning in Manchuria. It is believed here that this will serve the purpose of an armistice in preventing a clash before the convening of the conference in August. Moreover the informal soundings Init iated by the president at Tokio and St Petersburg did not yield much hope for successful negotiations looking to an armistice until after the plenipoten- toaries met If Japan Is then convinced of the serious desire of Russia for peace she will readily consent to an armis tice. Count Cassini, the Russian ambassa dor, who had intended seeing the pres ident at the White house regarding a detail of the negotiations, was detained at the embassy and so drove direct to the railroad station when the hour of the president's departure arrived and held a brief conversation with the president on the rear platform of the latter's car.

The president's greeting to the ambassador was especially cordial and the two elapsed hands warmly at parting. Count Cassini was the only ambassador at the station when the president left Baron Speck von Sternburg, the German ambassador, was the president's guest at luncheon, and other callers at the White house during the day were Sir Mortimer Durand, the British ambassador, and M. Jusserand, the French ambassador. vannoa Is Way. i Burlington, June 27.

Speaker Joseph G. Cannon and other congress-men, who have visited Alaska and the Portland fair, passed through Burlington Monday, staying a few minutes. Speaker Cannon, while on the station platform ran a lively foot race with a young woman of the party. Reiltnad Hli Poaltlon. Washington, June 27.

Morgan H. Beach, United States attorney for the District of Columbia, has resigned and bis resignation has been accepted by the president The resignation will take effect August 31. laid out by the court for the next eight days: June 27th, Stephen Fry et al, vs W. W. Fry et al.

June 30th, City of Chanute vs H. Ashley. July 1st, Clarissa M. Hall vs Health Oil Gas Winfield Russell vs Health Oil Gas Co. and Edgaf Bus-sel vs Health Oil Gas Co the last two to be tried on an agreed state of July 3d.

Viola E. Lair vs Ira J. TnWTf.h Kmlfli wo HUH uu, V. TV. wuiivu w.

w. FUNERAL WILL BE HELD TOMORROW, Remains of Conductor Warren Burks, Who was Killed at Caney, will be Laid to Rest at Elmwood. Conductor Warren A. Burks, who met his untimely death yesterday a leriioon at Caney, has been a- resign of Chanute for twenty years, ouMng which time he has been continuously in the employ of the Santa Fe. vfle was born 46 years ago in Johnson county, having spent his early boyhood on his father's farm.

He is survived by his wife, three children, Ida, Homer, andjflarry, four brothers and three sisters, two of whom, Mrs. Sallie Alleson of Slater, and Mrs. L. A. Louderman of Garden City, have arrived in iCha-nute.

It will never be known exactly how Conductor Burks met death. Some thing was wrong with a coupling and he stepped between the cars to ad just them when the frontend of the train backed up and the coupled cars run back and caught him before he could get out of the way, striking him on either side about the waist, leaving ugly gashes, either of which was sufficient to cause death. Assist anee came immediately but he was dead, having never spoken after he was struck. Brakeman Herbert Hanson was near and reached him in just a lew seconds, but life was ex tinct. T- Mr.

Burks was a very careful em ploye. In all the years he has spent railroading be bad never, received scratcn Deiore. nis nrst injury was bis last; He, was considered an ex tremely cautious workman. i. He was a kind husband and an in duigent parent.

His iife was, full of gentleness, courtesy and sincerity and the elements so mixed in him that nature might stand up and. say to all the world, Here is a did not aim at the great problems, but was satisfied to call every man his friend. "His heart, was in his work ana the ibeart giveth grace unto ever The deceased was a member of the O. C. aud of Masonio lodire, which will have charge of the funeral which takes place at the family rest dence, 115 N.

Graut, tomorrow after noon at 3:30. Dr. Ooker will officiate at the services and interment will be in the Elmwood cemetery. Mrs. Hum ana daughters are com pletely prostrated with their great bereavement.

A pathetic feature rests in the fact that the. family is unable to locate Homer, the 12-year old son, who has been gone, from home about two weeks, and has not been apprized of bis father's death. Tne sympathy of the entire com munity goes to the grief striken rel atives. FIREMEN ELECTED NEW OFFICERS YESTERDA McKeen Lodge, No. 151, Brother hood of Locomotive Firemen, held its regular election at.

yesterday's The ballots which has been sent out to the membors were opened aud counted, and the stations were filled as.follows: -Master, H. Wiltse. Vice-Master, H. G. Carnlsh.

Secretary, J. W. Clawson. Receiver, Esra Frank Wilson. Chairman Local Board, J.

Clawson. Warden, R. Conductor, A. C. Rushton.

Chaplain Harry Wagner. Guard, D. Wiggans. Outer Guard, Alva Arnholt. Medical Examiner, Dr.

Brown. The newly elected officers will be installed at next Monday afternoon meeting. McKeen lodge meets each week and has a membership of nearly one hundred. C. B.

Amyx has returned business trip to Nebraska. from I Young. HAY HAS A RELAPSE The Secretary of State Wa3 in a Dangerous Condition. SPECIALISTS BY SPECIAL TRAIS. It Is Considered That Crisis la Fast and l'kat No Serious Results Are Likely to Follow.

Newbury, N. June 27. Secretary of State John Hay was prostrated by an attack of uraemia at his summer home here late Sunday evening but early Monday his condition had been relieved by a local pliysieian and two who had come from Boston by special train and it, was expected that the secretary would be soon in his usual health. The attack which was similar to others experienced by Secretary Hay during recent years. ivas attributed to a cold contracted on 1 Is journey from Washington to Newbury last Saturday.

Secretary Hay began to be in pain early Sunday. Remedies which, have given relief on previous occasions were applied but failed to help him and Dr. Cain was called from Newport. He found that in changing from the climate of Washington, to the cooler temperature of the Lake Sunapee regioa the secretary had taken a severe cold, and that organs weakened by previous attacks had been variously affected. Upon learning this Mrs.

Hay desired that the specialists be. summoned at once and as soon as possible Drs. Scudder and Murphy were on the way here by special train front Boston. I The Boston A Maine railroad cleared its tracks from Boston to Concord. N.

and the special made fast time between those two cities. The train then proceeded to Newbury by the Concord Claremont branch. A launch was in waiting to convey the surgeons across Lake Sunapee and the doctors reached the bedside of the secretary at about midnight A quick but complete examination of the patient wns made and it was seen that his condition while exceedingly painful, was not for the time at least serious. Under treatment the patient soou showed improvement and the necessity of an operation, which had been discussed, was averted. During the latter part of the night Secreatry Kay grew steadily better ard by morning had regained the strength which had been exhausted by hours of incessant pain.

The condition of Secretary of State John Hay was regarded as favorable Monday night by his physicians. After a few day 8 ot rest it is expected the secretary will be. able to leave bis room. Dr. Charles L.

Scudder, of the Massachusetts general hospital, Boston, who came here with Dr. Fred T. Murphy, of Boston, Sunday night on a special train response to a message from the family, remained In the village, but Dr. Murphy returned home. Dr.

J. T. Cain, of Newport, who was called to the Hay home before the arrival of the Boston physicians, is with Dr. Scudder. Both doctors are of the opinion that Mr.

Hay will have no difficulty in overcoming the effects otthe present attack. An operation was considered at one time by Dr. Cain, but the three physldans, after a careful examination and a consultation decided that it would not be necessary. The secretary passed a comfortable afternoon and evening and his family considered that there is no need ot further anxiety. Secretary Hay arrived at his summer home Saturday night.

State of Siege Has Been Proclaimed at Lodz. RED FLAG IS RAISED 15 WARSAW. Great Effort la Betas; Made to Quell the Riots with Troops Reports Irorn Different Points Show Uprising- la General. Lodz, Russia, June 27. The governor general hu proclaimed -a state ot siege at Lodz.

The victims of last week's outbreak total over twelve hun dred. Thus far the bodies of 343 Jews and 218 Christians have been buried. The wounded number over 700. Some semblance of order has been restored and the workmen are gradually returning to the factories. Since the proclamation of martial law, the situation has become Quieter.

The rumor of an approaching massa cre of Jews has caused 20,000 Jews to leave the town. Scattered cases of rioting as a result of the insurrectionary spirit, however, continue. One of these occured Monday in the aid Protestant cemetary when a patrol was fired on from behind wall The patrol charged and killed 12 per sons. Business is at a standstill and all traffic has been stopped. A case of disaffection among the troops was reported, when the officers of one regiment Informed their commander that they would refuse to fire on defenseless people.

The regiment was at once transferred to another place. Warsaw, June 27. Disorderly crowds have thronged the streets since early Monday morning. They erected barri cades at Ogrodowa, Krochmalna and Wronla streets, on top of which they placed red flags. The police and soldiers stormed these barricades and ten persons were wounded by bullets or bayonets.

Another affray took place at Zelazna street, where Cossacks charged the crowd and wounded three persons. In the Central market crowd attacked a patrol with revolvers, to which1 the patrol replied with volleys, killing a boy and wounding three other persons. Five workmen who had refused to strike were stabbed to death by their comrades. Revolutionary proclama tlons have been posted on the walls and 200 persons have been arrested A heavy rain fell all day and this is believed to have prevented more ser ious collisions. The Social Democrat lc party and the Jewish bund announ ce that the fight against the govern ment must continue, but it is believed that with the present show of mill tary force, the situation will be con' trolled.

Business 'is at a deadlock. All the Jewish newspapers have been forbidden to issue an edition. China's Constitutional Corerasseat. London, June 27. A dispatch to the Dally Telegraph from Pekln by way of Tokio says it is officially an notinced that within 12 years constltu tional government will be established in China and that the intervening pe riod will be employed la bringing about the reforms necessary for so great a change.

Workmen Malre Demands. BykloBtok. Russian Poland. June 27. The workmen have presented a demand for the opening 3f all suspended factories and the Immediate satisfac tlon of ail grievances, under a threat of bloodshed.

The Jewish members of the douraa have resigned as a protest against the attitude of thn authorities. July 8th, J. Wikle vs J. H.Craw THARP SAYS HE DID NOT OFFER TO FIGHT His Trouble With the Boy About the Horse Had Been Settled and He Had Gone to Work When Byers Came Up. Elijah Tharp, the prosecuting wit ness in the case against J.

Byers and two sons, Marion and Harry By rs. and Fred Glover, charged with felon lo.s assault, which was mention' ed in yesterday's Blade, is able to be on the street today, although suffer Ing from serious scalp wounds and bad bruises oa his right side. Mr. Tharp says that his verslou of the fight differs in several particulars from that which was published yester day. "I saw Marion Byers running and whipping a horse which was hitched to a buggy," said Mr.

Tharp, "and spoke to him about I told him he was violating the law and could be arrested for abusing a dumb animal Marion replied that it was none of my business, and we had some words about the matter, but finally we sep arated; he driving on and I going back to the house; I had no desire for trouble, and the interest I took in the matter was just about such anyone else would have taken under the circumstarcis. "Fire or ten minutes after young Byers had driven away, his father, F. Bvers. came up to the fence. At this time I was washing some milk vessels.

Byers began talking and showed by his actions that he was looking for trouble, ne told me that 10 pounds of lard lor $1 at Burner's. tl several weeks. If I would come out he would fix me,.