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Olean Democrat, The (Newspaper) - November 27, 1890, Olean, New York XTE A" PAGES. PACE! tr -'.-A XI I. CLEAN, NEW YORK.JTHURSOAY, 890. C. I HOME-GOING. IRS. CHALL ON HER ENGLAND. WAY TO Widow Stroaa -in tbe Be" lief Thfct I: or Husband was Innocent the C'riK-.o for AYliicli He the Canadian Government Eventually Let Her Have Her K'.iilxiiicTs Ilcmisiiis. B Nov. Birchall, ac- eon> ia lied by her sisrer, Mr.s. West-Jones, Dougall McMurchy, who assisted n defending her husband, arrived in this city ;n o'clock Ikst evening on the New lo'rk Central. Mix liirchall positively declined to be icwed. _To n reporter Mr. McMurchy said Mrs. nothing to say about her husl) p. i's case. " .Mrs. Birehall given up all hope of obtaining possession of her husband's body "No, she has replied the barrister. ;1I believe that ultimately the government permit her to remove Birchall's re- but it may te some time before the emission will be granted." "What Is there in the report that Eir- allleft a confession with the Rev. Mr. 'ade of Woodstock, his spiritual adviser? you think he did "No. There is no truth in the story. He eft no confession. MijOlurchey said in conclusion that "Tieen engaged in several criminal mportance, but never had acted such intense interest as Birch- worked against overwhelming said he, "and had little money or .g else to work with, while the ment had everything at its dis- and was able to go to the end of the for evidence if necessary. It was a strain not only on Birchall and Iwife, but also on us. I never want to )igaged in so heartrending, so sad a _j again if I can help it." The party left for New York this morn- in the west of tstkat measures the people's dis- concluMon. ,'v with rcsp-e! ing the Shire river mid in the interior pavi's the v. av for an eventual treaty. The hope is ibsif- thu negotia- tions progressing with Fruve con- cerning the Newfoundland fisheries will soon lead to a satisfactory Her nisi jest y expresses at the ex- isting; coniiUio'i of aii'.-iu1. Ireland, :url will bo taken to Tbe further says that bills will be intro Iv.e'j.l rulative to land purchase in Ireland; tithes assisted and re- form of privii'.c bill legislation for Scot- land and of local government in Englan.I. If the work of the session per- mits n bill relative to local government in Ireland will also be introduced. Among minor measures to be submitted are bills relating to the liability of employers und to friendly societies and savings banks. PKXSIOX CLAIMS. AN INTERESTING SECRETARY LETTER BUSSEY, FROM PARNELL RETAINED. TU i of .Tu-.-.B An Service 1'inli-r :t >'ol jt-.eut 1800. Fully JNluvlKU from 1'irst F.nlist- His Tit IP to Unanimously Re-Elected Leader by tbe Irish Home Rulers. LOXDOS, Nov. meeting of the Irish home rule members of parliament was held j-esterday before the opening of the session of the house of commons. Mr. Parnell present. He was loudly cheered as he entered the room. A motion was made that Mr. Parnell be re-elected chairman of the Irish parliamentary party. It was carried unanimously. It is announced that Mr. Parnell will retain the leadership at the express desire of his followers. Mr. Parnell made an address, in which he thanked his followers for his re-elec- tion. He said it was for the Irish mem- bers to decide whether he should lead them. If their decision had been a nega- tive one, or there had been any diversity of opinion among them, he would cheer- fully have withdrawn from public life. Nothing but the conviction that his col- leagues desired to still utilize his services Tension if Dishonorably Uischargcu from a subsequent ICiilistmeut. Nov. So-.ue ner oT Pensions in regard to clai-ns that j-.rbe under the act of June 27, 1SOO: "The law requires, among other things, a ininimuin f-ervice ofiJnetj days, and teems to require also an honorable discharge therefrom. Where it is shown that the soldier served over ninety days and v.-as honorably dis- charged, re-enlists in the same cr other organization, and was dishonorably dis- charged, or deserted therefrom, would he have status to apply for a pension under of June 27, In answer Gen. Bussey discusses very fully the intent and scope of the act of June 27, 1690, and in conclusion says: "It is clear that the least period of pen- sionable service under the act of June 27, 1890, must embrace ninety days, and that the claimant must prove an honorable discharge from the minimum service of ninety days and, yet it appears that he re-enlisted in the same or other organiza- tion and was dishonorably discharged or deserted therefrom, would he have status to apply for a pension under the act of June 27, 1890? "The answer to this portioa of your in- quiry is a simple one. It is evident that if the soldier, after receiving an honorable discharge from the original service of in their common cause induced him to re- j ninety "days had never re-enlisted, he -would occupy a pensionable status; he might become a dependent pensioner 1890, by Ll8 Uh sume a position which, under his altered circumstances, exposed him and them, through him, to the attacks of their op- ponents. _______________ 111 Belle VPS Her Husband Innocent. WOODSTOCK, Ont., Nov. Bir- all and Mrs. West-Jones left here at last night for Europe. They sail am New York Wednesday on the Ma- rtic. A large crowd gathered at the ;pot to bid farewell to the young widow 10 has many warm sympathizers here, ladies were dressed in deep mourn- Mrs. Birchall refused to visit her band's grave while the body is in the 'yard, but if the authorities will give she will return to Canada and have jemains interred in the cemetery. Wljite Star line furnished free pportation for the ladies from here to 1 land. fs. Eirchall still believes that her hus- 1 was innocent of the actual killing Jen-well. She was greatly pained to r that Kev. Mr. Wads had intimated t her husband had confessed to him, lie to her he protested to the last that ,'was not guilty. r will never believe that Reggie con- d to any she said to a reporter ping bitterly. "He told me he was in- and more than that, he implored jot to place any reliance in what other pie might say after he was dead. If was guilty of that terrible crime I f he would have confessed it to me. him so to tell me all and he said ,ad." ________________ A DAY'S CASUALTIES. Men Killed on the dental Shooting. WFALO, Nov. was a curious mmstance in connection with the kill- f Carl Kaiser on tbe Kiekel Plate, View, Monday. Hr. Kaiser iving along the Athol Springs road buggy, and evidently did not see ,-ar the approaching train, [t: of the locomotive caught the v, lifting the body and top com- off the gear. When the train, was the body of the buggy was found J ront of the engine with the seat ,i intsct and Kaiser sitting bolt tip- wrapped in the robe and blanket in Cecily natural way. A ragged hole rears old and had borne a under tbe act of June 27, of his service; but the fact that he re-en- listed put him back into the service and rendered him non-pensionable during his second term of enlistment. "The re-enlistment is construed as a con- tinuation of the soldier in the same ser- vice from which, according to the new law, there must ultimately be an honor- able discharge as a prerequisite to pen- sionable dependence. If the soldier were a claimant for invalid pension, under the general law, his dishonorable H discharge, so far from being a bar, would not impair his claim if based on a disability incurred in the line of duty. He might, upon com- petent evidence, be pensioned under the ruling in ths case of Daniel B. Kaufman, hut the act of June 27. 1890, is not an act for pensioning claimants for pensionable disabilities which originate.l in the line of duty. It is an act iding pensions for present dependence without reference to causes due to the service, and a final and honorable discharge is ia such cases an essential'matter of proof. "An honorable discharge from t he service under the soldier's first enlistment did not, nor could it, alone establish his title to pension on account of that enlistment; and it would be absurd to hold that tbe dishonorable discharge from the second enlistment was cured or naturalized by the honorable discharge frum the first. A soldier cannot be pensioned at all, un der any statute, without a final discharge from the service; and the act of June 27, 1890, requires that such fmr.l discharge shall be an honorable one as :i condition of pension under its ;'In the case of desertion, it is held now that a deserter is not discharged, but is, constructively, in the service; an'i. there- fore, in order that a so'.dier, charged with desertion, whether guilty or nor, may acquire a pensionable status under this or any other act it is necessary that he procure an expurgation of the charge from the record of the war department and, thereupon, an 'honorable discharge' from the service, or that he .-hall have re- turned to the service subsequent to the record of desertion and been, there- after, honorably discharged. The dis- charge would, of course, terminate his status as deserter, an'i to th.-it extent, reader him eligible und -r the act of June 27, 1893. or under any oth-.-r statute, upon proof of pensionable STUBBORN SITTING DULL. Iltt Will iloliini to Uiu I'ntil Ovorpov.-cred by tbe Troop-.. Xnv. A Standing Rock Agency, N. 1) special to Tho Tribune The 1 wo itrliun scouts sent out .-'-atunlay u'is-ht 117 v'ol. Drum Fort Yates, instruc- tions to s-'rottr ths country Let ween here inrl Sitiini; Bull's camp and -scertain anv wore on the warpuih and tilt- s' ate ot ;it Sitting B'il.'.s camp, re turned .Monday evening reports having seen no Indian? on the warpath. They went on to Bail's camp on thn Grand river. They being known to Bull as military scouts they were at once sus- pected as spies and were I reated very harshly by Bull and others. Bull asked them their business. They .saidthey were after two deserters from the pest, which of course Bull knew to be untrue. Bull told them he understood there were soldiers coming to Yates to take him and h.s property, but, said he, I have runners coming and going every day and know everything that is going on and as soon as these soldiers come, I will take my fam- ily and ponies and those that will follow me and leave and they will not gee Continuing, he said to the scouts: "You see we have abandoned the white men's houses and are living in our native tepees and will not return to the houses uor to the agency." The supposition here is that if Bull hoars of any serious trouble at the lower agency, or if the military attempt to take him, he will at once break camp on the Grand river and join the hostiles ab the lower agencies, thereby declaring war against the government. Bull's son-in- law iu yesterday, and when ques- tioned as to whether or not Bull was coming in, said: "No, he was never com- ing until the military overpowered him." BOGUS DIVORCE PAPERS. 3Irs. Coopersmith Produces in Court a Spurious Decree of Divorce. NEW YORK, Nov. queer bogus di- vorce proceeding was unearthed in the superior court yesterday, involving the law firm of Gray Co. The matter came out in the divorce proceedings brought by "William Coopersmith against his wife Mary on the ground of adultery. When the case came up Mrs. Cooper- smith produced a supposed decree of di- vorce from Coopersmith. Upon examina- tion it was found to be a decree granting a divorce, naming the parties but having no date. It made mention of Cook county, but did not give any state. At ths bottom a scrawl as if intended as a judge's signature, and beneath the word "judge" plainly "written. It had a large seal. Judge Truax pronounced it a bogus di- vorce, and issued a subpoena on Robert M. White, who is said to be connected with the firm of Gray Co. Coopersmith was granted an absolute divorce, conrin-Y WINS. BOSTON'S COLOP.riO PUGILIST SMITH OF DENVER DE- Twf n! j-Tv.-o I.) 3; ami IJoth I'oorly Kilritlit Against i OPPOSED TO TRUSTS. INDIANS QUIETING DOWN. raMe Ut-ci-ivcd at the War Nt-v. re- ceived the ytstt-rday morn i Tit: thf In.lia-i situation was of a reass'.jrinK and shows that are improving. From Mandms; Rov.k agency reportsare very mmn more while from KoM'bu.i the th'.ugh not show Thi Stanley Lectures In Buffalo. BUFFALO, Nov. Henry M. Stanley lectured to people in Music hall last evening. Mr. Stanley was introduced by James Frazer Gluck ia au eloquent ad- dress. .Mr. Stanley received most careful attention, and his sarcastic description o: Emm's disappearance and final refusal to return to Ejypt was one of the most en- joyable features of the lecture. Mrs. Stanley was not present, being indis- rosed._______________ Ttie Indian Flurry Almost Enued. CHICAGO, Nov. Miles and his associate s at .frmy headquarters were hisrblv elected yesterday morning over the receipt of a. dippatch from Pine Ridge ascncy aunoancinjc that a large number of Ind'ians in, fully of whom had been among the ghost dancers. Their abandonment of the craze is due to the influence and argument of the loy.-il element among the redskins. This is re- garded highly encouraging and a gen- eral is expressed at headquarters that the flurry will very soon subside and quirt be restored. Outside of this dis- patch no information of importance reached Gen. Miles. DancJnz Still Ov.itlnncs. N. D., Nov. party from Pi-rre have just, r-'tnrn-ri from Bennett, whore th-' of ra- tior.sto tiis Indiana They c-mphaticnlly deny that there is any danger of an out- break at the KCPKCV, although the ghost I'.ancing is still kept up to sove extent.___________________ Fine Remitted by President. WASHINKTOV, Nov. presiden has remrtf-5 the fine of in tht> cast- of Daniel McKcnna, in Pennsyl- vania to eight months" imprisonment and a fine fur money. death the Vo'.jiv. N'ov. Tlio iniH-h-adver- tised airl o-ace-po.'-t poned twenty-five- round wiih between Kd Smith, fiianipioii ..f Denver, Colo., and George Godfrey (f-oiored) of Boston, took place at, Cronheim'.s theatre, Hobokeii, N. J.. utulerthe auspices of the Puritan Athletic club of Island City, who were not at liberty to bring the affair lofl" in their new club house, fnr reasons that have not been entirely clear. There were nearly persons present, 600 or 700 of whom paid 610 admission. The receipts did not much more tlvin cover the expenses which were unusu-illy heavy. The ptnve for the fighters alone was originally was added to this for two additional training after the the postponement The spectators saw tte thiiuc through with very little noise. Pome of the hood lums broke lose now and then, however, and had to be called to order. Smith was plainly the man the crowd wanted to see win, but the careful betters put their money on Godfrey. Most of the bets were made at even money before the fight be- gan. E. H. Garrison, the jockey and horse owner, was perhap? the largest bet- tor in the hall. He put out ?130 on Godfrey. When the men appeared at which hour the house was locked up, Godfrey showed perfect form, while Smith was fat on the sides and looked as though his training had been rather easy. He was seconded by Wrestler William Muldoon, Jack Ashton and Jake Kilrain, and poorer handling of a fighter has rarely been had. As a matter of fact blood that he got on his right upper arm in the fourteenth round was allowed to remain there until the end of the contest. Godfrey's Mahony and Frank Steele of on their man as though they meant business and to their handling Godfrey owes no small part of his success. Jere Dunn was the referee and was cheered when he introduced himself. The gloves, which were said to be fully five ounces in weight, were weighed in the presence of the chief of police, but the hair in them was well w oriced from the knuckles before they were put on. Smith stood over an inch above Godfrey an1 looked to weigh ten pounds more, but the official weights were, Smith 180, Godfrey 178. Godfrey's flesh, it is true, was like iron, but few people believed there was only that difference between the men. For three rounds there was some very lively fighting. Smith went in at once to knock bis man out, but the colored man had little trouble in avoiding his blows. Twenty-two rounds were foug'at, boi men giving and receiving terrible punish--. ment. In the twenty-third round Referee Dunn seeing that Smith was but a chopping block, though a tough one for the col- ored man, ordered the men to their cor- ners and gave the decision in favor of Godfrey. Professor Mnldoon afterward offered to match Jake Kilrain against Godfrey, and a contest between these men will probably take place before long. Tim Kicliiuund lletail of Incorporation. PHU.Am.U'HiA, Nov. of the common pleas court y handed down a decision in vrlrfch. he fe- tuses the application of the PJchmond tail Coal company for article of incorpo- ration on t he ground that the company was t'orni'-'l indirectly for the purpose of a for regulation retail prices <.f coal in this city. charter of the coal company f-ets fortjh that its purposes are to the busi- ness of such retail coal dtr.lers aa become member of the corporation and to pro- tect them from unwarranted increase in sales ami prices: in general to provide such lawful ways and means a-s may be neces- sary to aid them in prcmotinz and bene- fiting the business of retail coal dealers. C ..-.Ion in the cour.-eof a lengthy opinion snyfe: Ths company probably seeks justification under a of ths act eff assembly authorizing the formation Of associations "for the encouragement and protection of trade and There could not, however, be a grosser perver- sion of this enactment than that attempted in the proposed charter. the lan- guage of ths act quoted is opsn to just criticisms for its want of precisions, and as being too vague, alax and indefinite, yet it clearly contemplates a fe.ilutory pub- lic purpose in the general extension and advancement of trade and commerce. Any interpretation of too clause which omits this public benefit dfc- the only clear purpose that it may trith certainty be said to contain. The object of the proposed corporation, OH the other hand, is as opposite to any such beneficial intent as it could poasiblf be. Briefly stated, its rrurpose is to enable a number of retail coal dealers to combine together with corporate powers to benefit and enrich themselves, irrespective of the public welfare, by regulating and con- trolling the supply and prices of the com- modity in which they deaL The people Pennsylvania have been sleeping in dan- ignorance if such an object can re- ceive legal sanction, under the vague formula of an association, "for the eouragement and protection of trade and commerce." The application for incor- poration is refused. RELEASED FROM PRISON. last evening. TO REPAIR THE CANALS. .y gradual improve- C took road i itmfcrmrn Hart I j Injured. Nov. A wreck pla'-p 071 the- Phiiadelph-a Erie t-umi.iy An esti.i irf-i_ht i coinjz down grade a1 Jiiuh -w hrn car broke IW "ngine nnril twenty- were s-ma'-he-i to One j ha'l his and was M' ll.i-i: t is re- was .-it 1he nr-f- c Drath Warrant Withdraw P.-u. Nor. The warrant of Smith, tlie Allegheny county murderer, who is nr.w in an insane 1-im, withdrawn by tbe governor. Krtnrn to Work. of Glasgow Improvements to be on the Eric, Oswcso and Other Waterways. En-inr-cr i'o- gart has recently returned from :tn ex- tended inspection of the .state canals in company with Superintendent of Public Works Jlannan. He found the general condition of the canals very ccod. "i he work of lengthening the locks, whose construction was directed by the last legislature, will he beijun after the close This includes three locks on 'he Erie canal and two on the Osweso, and the parti-il rebuilding of one lock on the Black River canal. The Black River canal is an important feature of the Erie system, but is in need of extensive repairs to the which are largely composed of timbers row in a state of decay. The work to be done, upon the, Cbamplain canal will include making tbe canal, as far as tbe appropri- ation will allow, uniformly six feet in depsh and of sufficient width for the easy parsing of boats. On the eastern division of i he Erie canal there are three great aqueducts, the timber trunks of which are in such bad repair as to demand a re- construction, and the cr-oromical plan will be to build enl rely new timber trunks. Much of the oli timber will be of great value for docking and other caml repairs. _____ ......_______ The Notorious Eva Hamilton Her Liberty. TRENTON, N. J., Nor. Hamil- ton, the widow of Kobert Ray Hamilton, was released from the She left the with her counsel, ex-Speaker Hop- pen heimer and Col Charles Fuller. is presumed thatj she will remain seclusion in Jersef City, not daring to venture into New York on account of an indictment pending there. Mrs. application tot pardon was filed MES.BOBEST R spring and the petition was signed by prominent citizens of Atlantic City and county. The petition being made before death of her husband, it gave reasons that are now obsolete, mainly that her con- finement in the prison was jeopardizing her interests, inasmuch as her husband had charged her with fraud and was seek- ing an annulment of their marriage. Tbe application also stated that nurse Don- nelly, who was assaulted, speedily recoY- ered and was able to give her testimony in court and afterwards go on exhibition in a dime museum. The board unani- mously voted in faror of the pardon. The pardon was a surprise to Mrs. Ham- ilton and it took three hours before she had completed the preparations for her departure. She was profuse in her to the jail officials for their kindness courtesy to her during her incarceratiom Her two years' sentence would hare ea- pired next May. -.c employes of the Grabbed the IVenu Nov. 3fi Hebrew- niils at South Hartley Falls, hare returned work Rumen ie K vt-n n but Op-ra hurt. Another The Joss to tlie company i- company was to have j ninht. i tie for i that UK- mre would t-o V. liHp 'he of the wf-c hii tu their the WILL WORK IN HARMONY. Differences in the of World's Fair Amicably Settled. CHICAGO. Nov. differences ex- isting between the national committee and the world's fair directory were har- moniously settled yesterday by the adop- tion of a conference report, the joint work of representative members ot both bodies. The report determines the management of the fair by amalgamating tbe of the commission and the directory into a system of fifteen in departmeota under the supervision of the director eral. All differences that may up will be referred to a of contra cons.Ming of eight members of tbe mission and eight of tbe dirtt- tory. the action of which shall be elusive. The and the plane an-5 for tbe grounds and rfcve adopted and President H wiB now be advifsed to issue v. t :v nty ran T. a eood of X of the H irorn i Ufl artment r" iticwtr of Crnchnt Vy v, O Ncv 36. ,V the i moving in I t ripit-ai 11 PARLIAMENT Sympathy by men hart been reportad from more lEWSFAPER I I friendly foreign the ft Ses to the negotiations with K fcive to Africa and with July Africa, not i NEWSFAPESJ ;