The Omaha Daily Bee. USTAULISIIED A L'NK 1!, 1ST I. OMAHA, TUESDAY MORNING, NOVUM 111511 12. 1M)1 TEX I'ACJ I5S. SINGLE COPY PtVE CI5XTS. r i I LNDS LIFE BY PROXY Soldier Eteke to Erjsj Dead leget While Etill AliTt ITl- KILLS IOWA SPORTING MAN Anna t rim furil, nt llnliin. Fitfully Shoot .Irtik llllliin, Dxciir tinrd tier's (Mil MitnitKct-. - IGLES1AS SEIZED ON SIGHT Labor Liadir Tentam Back to Ferlo Rice to His Sorrow. VICTIM OF FIRE IS NOT VET IDENTIFIED fcathbun iajs the odj is lhat ef lis Abettor i tie Plet. TENEYKE DIES AT AN OPPORTUNE MOMENT Bnccumbs at Mement Wbn Conipiriten Are i Need ef Eodv. FAMILY IS SAID NOT TO BE INVOLVED JJcfti-rlcr Hulls! I iiilcr Another Nome, lull Wcnrln Aiinrcl Mump III in nn 'iii'incr .Member of Government' !er Ice. LOUSVILLE, Ky.. Nov. 11. Newell 0. Tlathhun, who was suppocd to have died In 11 .Irfffrsonvlllc Ind., hotel Inst ThurK day, wns nrrcstftl In I,oulsvHlo today. Ac- cording tn Hathbun, tlio corpse wlilch wns shipped tn Little Rock for burial as Rath- linn wiiH the body of W. L, Tcncykc. The police i-ay Rnthbun has confessed to deser Hon front the nriny nnl to forming a plan to collect $1,000 Insuinnco on hi life, hut hp denies having klllcrl tho man who dk'il In the Jcffcraonvillo hotel. Rathbun wns arrested about 11 o'clock thin forenoon nt the United States recruit Inn stntlon In Louisville. Ho In held nil a fugitive from Justice. Tho nrrest wbb marie on Information from Sergeant Skinner of the United States recruiting station, ltatli- bun cnllatul tinder tho name of "Lou Root, Detroit." Serg.-nut Skinner hail rend tho story of Iho Jrffersouvilli! ctiso and tho clrcuni ftnnrcs eonnected with tho new recruit nrouscd his suspicions. One of these wns the fact that the nmn ltnd on a government null of underwear. He said he had bought tho garments from a soldier friend. An other circumstance wns his knowledge of army affairs about Llttln Hock. On Satur day he passed tho examination and enlisted. Rathbun was put under thu sweating pro cess and made tho following statement, ac cording to hla Inquisitors: fmifrlnit cif Itnthhnii. "My name Is Unwell 0. Rnthtmn and my homu Is In Mule Rock, Ark. Several months ago I desortcd from tho army post nt Plnttsbiirg. N. Y., in company with nn other recruit, by tho name of W. H. Ellis I soon lost sight of him and went on to l.lttlo Rock. Thcro I was married and after ward took out tho insurance policies. "I camn to Loulsvillo about ten days ago and formed n plan to inako tho Insurance compnny think I was dead, ho I could colleo' th Insurance money, i fell In with num. who said his name was W. L. Tencyke 1n front of the Suvatlon Army headquarters 4 wIh!'''t5Ult(Vfne.vnnirtoin''lilm' of rriy "plan-anil lm agreed to help me. Our plan wns to obtain a cortiso from some place, put It In k hotel In JcHorsonvllle and then sot lire tn tho hotel. "While wo were In .leffersonvlllo wo took u number of drinks nnd Tencykn got drunk, I think his death was caused by drinking, 1 put the letters addressed to mo In his nocket and left. I did not kill him. 1 enme to Louisville and went to the recruit lug oftlco and enlisted. My real homo Is In Detroit." Identity Vr "end Mnn. The police nro trying to establish tho Identity of tho dead man. Ono ot their theories 1 that bo was a tramp whom Rathbun had fallen In with. Tho police hnvo telegraphed to tho Uttlo Rock nu thorlties to hold the corpse. A gold wntch. bearing tho name "W. II. Kills," was found on Hathbun. Ho refuses to say where ho Rot It. Tho police say tho handwriting of "Lou Root." the recruit, was very Hlm llar to tho slgnaturo "V. L. TencyVo" on the Jeffersonvlllo hotel register. Coroner Coots ot Jefforsonvlllo slates that ho examined tho stomach of tho dead nan and found traces of cuough laudanum to kill two men. Soldier llnti h n IMut. CLINTON, la . Nov. ).) Jonks Dillon, y, wns shot twice this nftcrnoon by wford, a woman of the town, and expi, almost Instantly. The woman was Immediately arrested and stntes sbe shot Dillon In self defense. However. lhl Is llsrrcdltcd, as both shots took effect In tho back, Just as Dillon wns lcnvlng the house. Persons near heard flvo shots fired In rapid succession ami hurrying to the back door found Dillon lying on his face. Standing over him was Anna Crawford, witn u smoking pistol In her hand. Dillon a number of years ago was a pugilist nnd later a mansger of prize fighters. At one time ho was manager nnd trainer of Oscar Gardner nnd a couple of years ngo wns manager ot Eddie Cronke, Iowa champion. He conducted n saloon here. This Is not the first time the Crawford woman has been In trouble. About year ago she wns arrested at Davenport with her husband, J. Mecum. whom she hail married but a few days la-fore, on the Charge of horse stealing. The. whcrlff of this county followed Mecum and Anna Crawford over many southern state and after several months arrested them and brought them here for trial. The woman wns acquitted, but Mecum wai sent In the penitentiary. During tho long trip they represented them selves to be husband and wife. After Meeum's conviction his wife secured a dl vorcf. It is ssld tho woman comes from well-to-do and highly respected parcntfl. bonestellTut in pieces Whole Trnln I"hm- Over NiiimhikimI .Member of I'lrnt tirnUn ItPRliuent nt WtiltliiB. ONAWA. la., Nov. 11. (Special Tele gram.) No. 30. the fast slock freight .train on tho Sioux City raeifle railroad, ran over n man at Whiting. la., latn last night, mangling him beyond rerognltlon. lie bad tried to climb onto the head car of tho train and fell beneath the wheels, the on tiro trnln passing over him. distributing tho body along tho track. Tapers found Indi cated that his name wns Ronestcll aud that hn was a soldier of the Spanish war and served In Compnny 1 of tho l-'lrst Ne braska regiment. His body wan literally ground to pieces, His home 13 supposed io be near Lincoln. 11. itfneetat Tele a sporting man ot r.nMPrp cfck Tn srnipr UK BPI FA5F Itoosrvclt Is Interested In Cnsr nlitl Inquiry Ilns Hern ."Sent tn (iotrmnr Hunt for fur ther I'nrtlc ulnrs. Company I roster of neither of tho Ne braska regiments contains tho name Ronestcll. PRIEST SUED FOR SLANDER Mrml.er of HI" Church Allenes Hint Iter. IMirlnn tt lovia Ilefniuril Him. SIOUX CITV. la Nov. tl. (Special Telc gram.) Rev. John Phelnn of Rock Valley, In., one of tho best known priests In north western Iowa, Is the defendant In a S5.000 slander suit brouKht by J. 1L Lynch, n mcml5o'r"or Mirtfiurcfi. It Is alloged that the priest donounced Lynch from tho pul pit. Tho trouble wns over financial man agement of tho chcurch, Lynch, ns a trus tee, disagreeing with tho priest. Rev. Father Phelan formerly edited the North western Catholic hero. Rev. .1. H. Stromberg, a German Cath olic pastor at Granville, la.. Is being sued for $23,000 by Domlnlck Iterg. n saloon keeper who belongs to his church. Hers alleges the priest mado damaging state ments from his pulpit. SUPREME COURT SAYS WHEN Ailvmiee Cnntnlii Cnrter'w Onr, iioiinelnK the HeiirliiK for Uecrmlii'r -. An- SAN JUAN. P. R., Nov. 11. Santiago Igleslnn was arrested here last Thursday on landing from thj Red line hteamer Philadelphia. Captain l'tirst, which arrived thnl dny from New York. Ills detention was duo to his non-appearance nfter hav ing been thrlcn stimmoued by the local courts to appear In n rnso against hlin nnd sevtn others brought In July of last year, when the currency was changed. At that time ho persuaded the Incnl Federation of Ibor to order all labor organizations to go on dtrlko unless they were paid In gold nt tho samo rato as sliver master workmen ?:! Journeymen i" ond ordinary laborers $1.30. Thoc rntcc were not accepted by the emplojers and a general strike, which was nctompanlcd bv sonio violence, followed. Igleslas, with other members of the com mlttpo, was charged with conspiracy and the eases were set down for trial September 11, 1000. When that date was reached Igleslas, who was at large on his own re cognizance, did not put In nn appearance nnd tho trial was adjourned. s he did not nppenr on tho adjourned day, further ndjou nmcnt wns taken to May 2. lf'01, when an order for his arrest was Issued, ho being then In New York City. He Is now In Jail awaiting trial In de fault of $2,000 ball. Today he sent n poll- linn to (!ocrnor Hunt, asking to be re leased on his own recognizance, explaining that he made n similar nppeal when he wns first summoned, but that the case was postponed nnd no notice of tho hearing tin May fi wa.t ever served on hint. Tho public prosecutor asks that he bo sentenced to a term of Imprisonment, on the ground that ho Is a dangerous labor agitnlor and Is continually causing unrest, (iiiiiipcr .Milken 1'rutrnl. WASHINGTON. Nov. 11. Samuel Gomp crs, president of the American Federation of Labor, today saw tho president, to pro test ogalnnt the arrest of Santiago Igleslas, who was sent to I'orto Rico by the federa tion to organize tho worklngmen of tho Island. Ileforc Mr. Igleslas left the United States Mr. Gompcrs explained to tho president the purpose of his visit und asked that Governor Hunt be notified that his mission was not to stir up strife, but simply to organize labor along legitimate lines. At that time he told tho president that Mr. Igleslas djrlng the Spanish useendancy had opposed the Spanish reglmo and had been Imprisoned, hnvlng been liberated when tho American troops roached San Juan, liy tho presidents direction Secretary Cortel you wrote to Governor Hunt concerning .Mr. Igleslas' mission.' That letter was union October 19. Last Saturday Mr. Gompcra was. surprised to receive the following cable gram from Mr. Igleslns: "Am arrested when stepped asnnre. M) warrant was shown. Ignored (ignorant) charges. Remain in Jail." This message. Mr. Gompcrs showed to the president aud the president Immediately sent an Inquiry to Governor Hunt ns to din ,'iiiisp nf the nrrest. During Mr. Gompcrs Interview today, ho spoko to tho president about the Chlneso exclusion net. the extension of the eight- hour labor law, the alien contract labor law and the convict labor law. Mn Gompers wns anxious that the presl dent should recommend the ro-enactment of the Chinese exclusion law and ho camo nwav impressed with tho belief that tho president would do so. CHAIRMANSHIPFOR DIETRICH clirnln -i-nntur 'WiiiiM Like tn lleu.it tlio ( oinniltlci. on I r rlKnttnn lif Arid I. noils, 'From n Staff Correspondent.) WASHINGTON, Nov. 11- (Special Tele gram.) Senator Dietrich Is to nrrlvo In Washington Friday, according to his present plans, there to remain until congress ad journs, some time nfter July next. Tho senator from Nebraska has his eyo upon several chairmanships to whlrh ho bollevcs the stnto Is entitled and he will make an effort to secure one ns ho sec how circum stances favor. At present ho Is anxious to secure the chairmanship of the commit tee on Irrigation and reclamation of nrld lands, ot which Senator Simon of Oregon Is nt present chairman. I'nless Senator Simon, however, secures n better commit tee It Is thought Senator Dietrich will havo to be content with something elro. It Is said at Hie copltol Hint Senator Dlntrleh asked Senator Spooncr of Wisconsin, rhalr mnn nf the committee on rules, to look out for his Interests In behalf of the committee on Irrigation. Just why Senator Dietrich desires tho committee on Irrigation Is not known. All general measures for the recla mation of nrlil und scml-arld land will bo referred to the committee on public lands, of which Senator llansbrnugh of North Da kota Is chairman. This has been the cus tom In the past nnd Senator Han.ibi ouch expects it to continue. Should this bo tho case tho cnmmitteo on Irrigation would continue to be a eommltteo in namo only, and It did not hnvo half n dozen bills during Iho entile session of the Fifty-sixth congress to consider, let nlone to report. As Senator Dietrich requires his col leagues to look upon him' as tho senior senator from Nebraska he will In nil prob ability bo ncenrded u ebnirimiuship, but Just where he will go Is a question. oiiilnit riiiilnr (lntlniltlr. TWO CULPRITS CONVICTED High Bokeel Oeurt-Uartial Gomis Dowi ea Two Pilferew. CADETS PASS SENTENCE ON OFFENDERS tlnjs round Gnllt.v nf Mrntlnn ft mil 'J'lirlr Cnniriidei Will I mlcritn runlMhuient I'tovlileil by Jury nf fieliootiuntcs. We, nnr committee, unpointed to Investl gate ihurgi's uguliist Wlllluni lies und Mtorge ll.irnwell, eiutcts. having In aril oil the testimony In the eitsi both for nnil iii'nliit Mm iiitmu'iI iiml liiivlni: rnrefultv weighed the evidence, do Und the nforoimlil Wllllnm Sykcs. iiml Ueoige lUt nwcll guilty us charged, unit recommend Hint they no punlHlieii us followM: That Wllllnm Slcs be publlcb sentenced to serve three con-Hi-i'titlve Heviitli hours uiul that be bo ml niimWlici! to iibstolti In ftituru from pil fering; that tieorue Hurnwell. whom w deem guilty In n Braver degri, be t educed to the ranks from his nlllee or iiiiurtertniiH ter sergeant, und that the statement of his reduction uiul the cause thereof te read publicly betoro the regiment. This finding was handed down Monday afternoon by perhaps tho youngest Jury that over mt in this or miy other city. It win mado up of nine students ot the High school, selected from tho various grades by Principal Wnterhnuse to try three of their pceid ou Hie charge of theft. Tho llrst session wjh held yesterday afternoon. hen two eases were disposed of. Another will be held today, when tho third rase will bo taken up. The High school faculty has ap proed tho foregoing 'decree and the prin cipal will sec that It Is enforced. CONDITION OF THE WEATHER F'Trenst for Nebraska -Fnlr Tueday and Weilnenduy; Northerly Winds, Hecomlng Variable. Trmiiernture nt Onintin Yeteriln'l Hour. lieu. Hour. lieu. f. n, m II- t p. nt I4 tl n. m,,..., II'J V. i. in...... " 7 n. in Ill .'t t. in S ii, in IT I i. m I' ll n in I., n ii, in. I' ll) n. in til II i. in -It 1 1 n. tn til 7 p. in in Ill S ti. tn ' II p. in MM i Riithbuu said tonight, In nn Interview, that at Plnttsburg barracks, New York, he and n corporal fixed up thu plnn to collect $1,000 Insurance. He said: "Tho plan wns to slip a Btlff' Into some hotel, then set fire to tho building, nfter having left papers of mine In the pockets of tho stiff's clothes. Of course, when the hote-1 burned we ex pected tho stiff to bo burned up too, or at least so scorched that no ono could recog nlzo him." Ho says tho corporal came to Louisville nnd under their agreement the corporal was to secure tho "stiff." lUthhun hints that tho corporal drugged tho victim If he van drugged. Ho saya ho does not know where the corporal Is now. Rathbun, who enlisted here as Iu Root, cavo his birthplace as Detroit, his nearest relative ns J. Hrown of Dcbroy, Mich., his trade as a printer nnd hln ago as 27. Tho loulsvllln detectives think tonight thnt. tho man found dead In tho Jefferson- vllrt hotel on Thursday wns Charloa Good mnn ot Kvnnsvlllc, I ml, Goodman left the Salvation Army headquarters In Loulsvlllo Wednesday night, saying ho was going to Indiana, and bus never returned. It Is wild tho description of Goodman nnd that of the mnn found dead tally, LITTLU ROCK, Ark,, Nov. It. Tho sup poaed body of Newell C. Rathbun was today turned over to the coronor nnd placed In n vault to await an autopsy. Attorney Usury M. Armlstead, who bos been repre senting the Interests of the family, visited the resldenco whero tho body was lying today and states that Mn. Rathbun Is so hysterical and nervous ihr.t she hardly knows what she has said. She declares that she has seen the body only onro nnd that since lhat tlmo she has been too nearly prostrated to again undergo the or deal. Ho dcrlares that there Is not the remotest evidence of collusion on the part of any member of the family in the per petration of Htif fraud. He further declares that tho 'family has been frightened Into making certain statements attributed to them. FINED FOR GIVING OUT TIPS Tito .Men Altetinl to llsir Helped t'lil "Uiro I'ltllee Ciiuillilntes Are Pi'tinllrrd, CHICAGO, Nov. 11 Samuel C. Ksnter nnd R, H. Loveless, charged with furnish ing civil service examination questions to pollee candidates In advance, were flced $1,000 each by Judge Ne"!y today. A new ttlsl was iranted David II. Weber, the other alleged coasplrator. WASHINGTON, Nov. 11. The United States supremo court today advanced the habeas corpus case of Captain Oberlln M. Carter on Its docket and announced that It would be heard on tho 2d of Decern ber next. SAVANNAH, Ga., Nov. 11. In the United States court today former Captain Oberlln M. Carter of the corps of en glneers, U. S. A., fllrd an answer to tho proceedings of the government to recover money now in pcusesslon of tho ex-rnptaln and his friends because. It Is alleged, It belongs to tho United States government Ho states Hint the money Is his and that ho has defrauded nn one. He contends that his disbursement!) were r"Hei upon by those higher In authority thau himself when they were made and that tho govern ment cannot proceed ngulnst him In tho manner It has to tnko his money. CHICAGO. Nov.. It. Another step to further tho proceedings brought by tho gov ernment against tho property of Oberlln M. Carter was taken In the United States circuit court today. Attorney Horace O. Stone, representing the convicted army o ni cer, and his relatives carried out pnrt of tho agreement recently signed by turning over about $71,000 worth ot property. Tho property consists of $60,000 In railroad bonds, n note for $11,000 and $700 In cash. Theso will be kept In possession of Re ceiver Max Whitney, ponding a settlement of tho controversy In tho federal court. Thts mnkes tho total amount received up to date about $100,000. Another portion Is still to bo transferred to the receiver nnd this will bring tho total to almost $500,000. ONE WAY OUT OF DILEMMA Tun I'rnprlctnry Conipnnles Mny I'lirim-il to Arrnnjio for Xnrth ern rnetfle Settlement. lie Senator Warren of Wyoming Is In the city, but only for a few dnys, us ho goes to Now York and thence to Cheyonno be fore ho returns to Washington for tho winter. Speaking upon tho question of Ir rigation ho said: "It Is one ot tho vital problems with whlrh congress U to deal and it Is probably the most vital queMlon with which the west has to deal. Just what bill will bo reported from the com uiltteo on public lands I cannot prognosti cate. I know there nrei many Interests to bo considered and thercforo thcro should be no hasty legislation. The condi tions In Wyoming nro most favorable. Wo have been striking oil In our state In many plnccs and ns the railroad facilities are In creasing I look for nn oil output from our state second to none In tho country." Ili'liii rt nil-lit .Votes. Rural free delivery letter carriers wero appointed today ns follows: Nebraska Humboldt. K. A. Cllft; Lin coln, O. O. Tulley; Illalr, James L. Don nelly; Ponrn, James E, Meyers; Spring field Allen T. Jarnicr. Iowa Sac City. Charles, F. Adams, Mnthow F. Salusch; Dawson, Albert O. Campbell; Paulina. Norman J. Young; Du buque, Joseph C. Carroll; Anumosa, George W. Kramer; Weal Point, Charles Wilson; Perry, Abraham Fltron; Iowu City, W. It. Hobby. Kno.wllle, T. Tyazellng: Karlham, Cnlvln L. Francis; Aurel'a John T. Hen dricks; Ilawkeye, 3. L. Siuuh Correction- vllle, John W. Henth. Postmasters appointed' Iowa Henry C Prouty. Glendnn. Guthrie county. South Dakota Date. Chateau county, Jasper Roth Frank Hngln and Thomas J. Fitzgerald, enrriers In South Omaha postolllee. wero today promoted from $C00 to $850 each. These postotllces will become presidential oftlcea January 1: Now London, Radclllf,' salary $1,100; Elgin, Ehhcx. Preston, Whit ing nnd West Ilend. $1,000 each. Tho poHtofilces at Arlosn, Laramie county. Wyo., Is ordered discontinued; mall to Cheyenne. Charles K. Mitchell of Mount Vernon, S. I)., was today appointed messenger In tho oQlco of tho nimnarrk (N. D.) surveyor. Reserve agents approved: Iowa National of Des Moines for Farmers' National of Hamburg, la.: Hanover National of New York for First National of Castlewood. S. D. Henry M. Lint, of Kails City, Neb., Charles W. Ogg of Newton, la., and Marshull K. Huinphiey nf Winona, Minn., were today appointed taggers In tho bureau of animal Industry at South Omaha. ICEBERG DISABLES A STEAMER City of TopeliH linn Kneonnler mi Ho ml .North In Which It Coinr On Neeonil Ileal. SEATTLE, Wash.. Nov. 11. The Lynn cannl stenmor City of Topoka steamed slowly Into tho harbor this morning witlw out passengers or cargo nnd with Its stem bent and n gaping hole near tho load line Tho steamer collided with a sunken Iceberg In Taku hay on the up trip on the night of November 2. A blinding snowstorm was raging at the time nnd when the shock camo some of tho passengers, thinking thi ship was going down, made frantic at tempts to get Into tho lifeboats. It wns found that there was no Immediate danger CREW MAY BEJJNDER WATER l.lfr Snvrri nt I'hnthatu (In tn Look for Sir it nf Sunken CohI Hunt. CHATHAM, Majis, Nov. 11. In the henvy gale which had been sweeping over the caps since yesterday an unknown three-niastrd schooner sank off hero during the night, It Is thought tho vessel was coal laden and sprung a leak while at anchor. Tho Monomoy life saving station has gono to tho wreck to look (or trace ot the crew, NFW YORK. Nov. 11. The Mall mi' Ex press says: Tho delcy in the punout.ee niclit of the terms f tho Northern P.t (.Ifie Ecttlcraenl, It wa learned today, was duo to the Inability so far to ngreo upon the details for the control ot Iho Hurling ton nnd tho surrender of Northern Pacific preferred stock owned by the Union Pa cific. Thlt Is the ground for the current report that tluro had been a hitch in tho dial nnd It caused considerable selling of Union Pacific stock. When It wns announced that the main points ot tho agreement bad been settled rofcrouco was made only to tho decision of Messrs. Hill and Morgan to gUe up n half Interest in tlio Burlington to the t'nion Pacllle and to permit Iho retirement of Northern Pacific preferred slock. In their efforts to delermtno how tho Rurllngton should be financed they met with unexpected difficulties, nlthough It WHb agreed by both sides. It Is said, that n proprietary company should bo organized for this purpose, as well as another pro prietary company for Great Northern and Northern Pacific. There was a disposition on tho part of the Northern Pacific to n-jrronder Its North ern Pacific stock tor shares In a new pro prietary company, but members of the Har rlman syndlcnto objected to paying a largo amount of cash for a ouo-halt Interest lit tho Rurllngton. Tho prlco of $200 n. share wbb thought to bo too large nnd If all cash was paid for thu Rurllngton It would mean nn outluy of $200,000,000, which was ontlroly different from what tho Harriman people had in mind. It was said today that the most likely way out of tho difficulty would bo the surrender of tho Union Pacific hold ings of tho Northern Pacific In exchang" for an interest in the Rurllngton. The former uro nbaut $77,000,000, par value, and arc said to have cost something mora than that figure. Rut If the Northern Paolflo and Great Northern accopted the ehanga tho Nprthern Pacific would bo buying Its own stock. It Is believed that tho two proprietary com panies will afford a method of getting out ot this dilemma, but nt tho moment things are not progressing very rupldly. CIVIL CLAIM S APPROVED llonril nf A Isllnri lloliii'iis tlei'iini tiienilntlmiK i'onelilllK- Old I'olltio-vt- nt Nimil lllxr rvntory. Four Itnllnrft U HohlietH' lleiwiril. OUEKXam'RO, Pa.. Nov. U.-Rurglars dynamited tho vault of the Smlthton Na tional bnnk last night, but wero unable to Set Into the safe, where $17,0J In cash was eposlled, They only secured $, Thi- con cussion partially wrecked tho 'mlldlng. AmiIiiiM sII t" lie I'liinii)', Cil'TIIIlli:. Okl.. Nov. 11 -Owners of us nbaH mines at RhvIh. Indian Territory. have received an order from Uemiany for io.oki tons ot Hainan ueuvereo at uaivcsion, Tex., tor eaporL WASHINGTON, Nov. 11. -A contest be tween tho scientists of the country on ono sldo and tho naval line officers on the other, which has been wnged for years past and In volves tho rich prlzo of the control of the naval observatory, has been brought to a critical point by the presentation to Sec rotary Long of tlio report of tho Hoard of Visitors to the observatory, In which the Ixsuo Is drawn sharply In favor of civil con trol. The board Is composed of Churlpa A. Young, Charles F. Chandler. Asaph Hall. Jr., E. V. Pickering, Prof. Ormond Slntio and William It. Harper, all men of national reputation In scientific research. The par ticular bono of contention of late has been h vacancy In the office of astronomical ill- rector and tho board makes the following pointed remarks ns applying not only to that, but to other less Important places In tho observatory: "It la recommended that no astronomical director be appointed at present, as n dual headship has been found to woik unsatls factoilly and under tho existing law tho ap pointment of nn astronomer as solo director of tho observatory, which the board consid ers thu proper solution of the question, Is Impracticable. Vacancies should not bo filled among assistant astronomem nor among professors of mathematics In tho navy without examination for each va cancy occurring, No distinction should bo made between employes of tho observa tory and other applicants." Applying these principles to practice tho board declines to namo a person to fill the vacant oftlco of assistant astronomer at the observatory nnd Instead recommends that tho appointment be made after a civil scrv- Ico examination under the auspices of the i commission. Coming to tho moro Important subject of tho actual bend of tho observatory, which involves tho issue botweon tho scientists and tho line ollleers, tho board says: "Tho Institution should be related to the Navy department If continued under Its control, In uorae such way as the Royal ob servatory at Greenwich l related to tho Rrltlsh admiralty. It should bo put under tho control of the secretary of tho navy and not through a bureau as at present." In conclusion tho board finds objection to tho manner In which approprintlons havo been made In support of tho observatory, saying that It Is not easy to determine what portion of tho expendlturef pertains prop erly to astronomical work, what portion to the naval work and wbnt portion to the lm provement and caro of the grounds as a part. The cost of maintenance for the last fiscal year wan $108,428, of which araoutit $21,238 was expended la salaries. Why It Wnn I'ornieil. The body Is unique In Its formntloli. It Is not exactly a court-mnrtlnl In the military srnse. nor ct a court in tho civil sense, but combines tho elements ot both. It might bo railed nil Inquisitorial board. Its existence was mado necessary by repeated nets of pilfering In the school. Hleyiies, luncheons, garments, books and other ar ticles have disappeared with aggravating regularity. It was clear to the principal that something must be dune to stop It, but the question arose what to do. Tho Identity of tho pilferers wns nn open secret. Tho evidence against them was conclusive. Tho pollen might bo called In. but this would br ng odium upnii the school. Tho offenders might bo suspended, but this would be no punishment at all, being In most cases Just what they wanted. It was tho old, old qiiistlon of how to punish n pupil. Flngelatlon being proscribed and nil other forms ot chastisement Inexpe dient, tho principal hit upon tho "court martini" idea. A temporary board was formed by ap polntment, ns follows; Arthur Kclkcnney, lletitenrnt colonel of High school regiment; Lawrenco Sidwcll, ninjor; Will Coryell, senior captain; Stnnley Rosowatcr, ser geant; Albert Fall-brother, first, lieutenant In charge of band; Edmund Rasmiisscn, prl vii to; Kay Stoetzcl. signal corps; Rlehurd Patterson, privnto; Frank Mlnden, private This tribunal organized at 2 o'clock Mon day afternoon by tho election of Arthur Kelkenuey as judge ndvocnte and Lawrence Sldwell as clerk Tho accused 'vcro then nrralnued before them nnd the evidence heard. Though the Inquisition was conducted bo hind closed doors It Is understood that tho proceeding wns entirely dignified, partakln; In no way of the character of a kangaroo court. Niiinex Are Withheld. The evidence heard pertained to the theft of two lilryoles. As Principal Wntcrhouso requested that tho names of tho offenders bo withheld from publication, these will do very well In place ot the real ones: Tho Indictment contained the names Dick Tur- pln, 11111 Sykos and George Ilarnwcll. Sykos nnd Ilarnwcll nro small boys, nnd wore lic enced only of being accessory nfter tho fact. They received tho wheels from Dick Turpln, an older lad, who went bodly Into tho High school corridor nnd took them from their rncks. Turpln's rnso will be taken up today. Principal Woterhouae oxpresses himself as fully satisfied with tho finding of tnn board nnd thinks It possible from present Indications that tho "court-martial" may becomo a fixed institution of tho school, or at least that It may continue so long as there Is any occasion for Its existence. 1 Io thinks ho sees in It the discouragement ot further predntory raids upon cloakroom and corridor, "One reason for my oppolutlng this com mittee." said he, "wns to teach tho students a lesson lu self-rellnnco and self-government. They will havo to face theso things when they go out Into life, and I would liku to havo them feel that they havo ,i little republic up hero In which nil may take pride." l.ocUi'i't for the Pupils, "As soon as we movn Into the High school building wo will have a remedy for thieving among students thnt will prob ably bo the best solution poaslhlo for tho difficulty under the clrcumstnnres," snld Principal Woterhouse yesterday. "This will consist of a completo lockor system nnd the ndvnntages of that plan over tho pres ent scheme of widu-opoii cloak rooms, ac cessible to nil nt any time, cannot bo ex aggerated. It will not bo possible to fur nish each Individual pupil with u lockor, but thoy will bo assigned to pairs of stu dents, two using ono. Tho lockero will bo roomy and no Inconvenience will result. "Theso safety plnces will be located nil along and about tho corridors, extending up to n point some blx feet from tho Moor. 1 do not know whether combination locks or kcj'B will be used, but I fuvor the former, as that system would undoubtedly savo a great deal of trouble with lost keys. When now assignments nro mado each yenr tn lockers tho combinations may be changed by n slight manipulation of tho tumblers so that no universal knowledge of the neces sary sequence of figures will prevail. "As things aro now I might stand right In the doorwny of n cloukroora nil day and still havo n score of hats or garments stolen right before my eyes, for I would havo no way of knowing that the article belonged to other than the person assum ing possession." PROFESSOR KILLED BY A FALL It I ell tl nl Mnxo-Mnltli of Ciiliiiuhln Cult ei slt i Illen nl HeitliinliiK nf nirS Vocation. NEW YORK. Nov. 11. Richard Mayo Smith, n professor of political economy at Columbia university, was killed tonight hy falling from a window ot his study on the fourth lloor of his residence nn West Seventy-seventh street to the stone fl.igglng In the rear. So fur as the police have Investi gated the case they conclude that the fall was accidental. Prof. Mayo-Smllli u short time ago h gan the year's vacation which Cnliimbii- gives to members of the faculty uftcr they i have served seven yean. He had been lit for n few months, but not sick enough tn cause the family any alarm. This evening he told his wife, who win In the study with l:lm. lhat he felt llrctl nnd would lie down for n short time. She left him. Very soon after the butler. In passim; the study, saw the form of a man going out of the window. Ilo thought It was a burglar unit ran down stairs to Inform Mrs. Smith. Something made tho wife think It might be her husband and on running out to Hie rear ard she saw the body of the prnfossnr. A physician who wan called said death must hnvo been Instiintnnenus. Resides his wife Prof. Mnyo-Smlth leaves four children. He had been a professor of political economy at Columbia since iss:t. He was born lu Ohio and grnduuted from Amherst collrge In IS,. He wni an honor ary rollow of the Royal Statistical Society of Great llrltaln and a member of the Na tional Academy of Science. He was a writer on economic subjects and the author of Emigration and Immigration. "Sociology nnd Statistics." "Statistics and Economics." Them works were published lu 1SJ0, 1893 nnd 18fl! respectively. Officer Oaptire Frank Tbompsoi, Nijte Deiperade, After a Sniffle. FUGITIVE SLIIMTLY WOUNDED IN HEAD Pone Ineenied at Previous Fail re Exerts Itself Her Zsaloiilj. WHITE BOY IS SHIT THROUGH THE LUNG Lawreice Liwis Refutes to 3rmder Whin Hope is Qeie. DENVER DEMANDS A FAVOR Colnrnilo Cnpltnl ,rrl Itnte from ( oiiot Miimlil ot Hxrreil Hint tn Mlftiiimi ltl or. DENVEIt. Nov II. O. A. Prouty and to soph Flfer. members ot tho Interstate Com n-erce commission opened nn Inquiry nt the federal courtroom In this city today on tho charge of discrimination against Denver In freight rates from tho Pacific coast. About a year ago the interstate Commerce com mission decided that the railroads should not charge more for freight from tho Paclflo to Denver than from thu Pacific to Missouri river points on any commodity except sugar. Notwithstanding this the railways In their schedules of castbound tariffs from tho coast, mil tic the rate to Denver from '100 to fi00 per cent higher on 130 articles than the rote to Omaha or Kansas City. The pro ceedings today are on nn order Issued by tho commission ngnlnst the Southern Pa cific nnd Snnta Fo companies to show cause why they have not put tho equal rates 'nto effect on nil articles. W. II. Harrison, attorney for the Denver Chamber of Commorce, conducted tho In quiry for tho claimants, Oeorgo J. Kludcl and others. Henry A. Dobbs appeared for tho Santa Fe nnd W. R. Kelly for the Union Pacific. Tho Southern Pacific was not rep resented by counsel, but sent an apology for Its nonappearance. BECKHAM FREES HIS MIND Governor nf Krntneky Slrrnly Ar-i-ii luns Hln Inillnnn Collennnr fnr ItcfiiHlim lleiiilNlllnii. FRANKFORT. Ky., Nov. 11. Governor Reckbnm tonight addressed to Governor Durbln of Indiana a letter replying to tho criticism by that executive of the courts and officials of Kentucky In his recent let ter refusing to honor the requisition for Taylor and Flnley, wanted fnr alleged com pllclty In tho asrasslnatlon of Governor Goehul. He severely nrraigns Governor Durbln for his refusal, charging that In do lng so he violated his oath of office to sup port tho constitution of the United States and that ho became "a party nfter tho fact to tho most Infamous nrlme In tho history ot this titntc, tho cold-blooded nnd dust urdly murder of an eminent and cllstlti gulshcd citizen of Kentucky." ROANOKE SIGHTED AT SEA Tnrilv .Merehnnl M It I it I nun Which HlKh Itnles Olitnlneil Still Him I'.M'ellent Chnnec. SAN FKANCISCO, Nov. 11. -The overdue ship Roanoke, on which relnsurnnco for several wcoks past has boen quoted at 30 per rent, was sighted on September 9 In Intltude 31 south, longitude 61 west. The Roanoke Is out 152 days from Norfolk with n cargo of ijonl consigned to tho Mara Island navy yard. On receipt nf the nows tho rates for relnsurnnco dropped from 30 to R per cent. Three other ships of the overdue fleet advanced 5 per cent today In tho relnsur nnco market. Gloncalrd now stands ut 30 per cent, AgUa nt SO per cent and La Tour d'Auvergne nt 2ft por cent. Olcnbrcck, which, llko Ronnoke, hHS n cargo of Poca hontoa coal, remains nt 00 per cent rein biirance. It Is probubla that within a few days Olcnbrcck will bo posted ns missing. SEVENTH NATIONAL TO OPEN (io Ttiniciit Ccinintriiller XntlflcN mv nrl. Clriirliiir limine thnt llnnk t'ltti Iti'siimc Toil ii). SALARY TOO SMALL FOR WU (itlttese nlplmnnt Ojiilil III Afford tn Accept I'mfessnrxlilii ill Col II III III 11 t'n 1 1 c ik 1 1 ) . NEW YORK. Nov. 11. Trustees of tho Columbia university said today there was no truth In tho report that tho Chine minister, Wu Tlngfnng, had been offered tho chair of Chlneso languogo and lltera turo and said tho matter had not como bo fore tho board of trustees In any way. Fran cis S. Dangs, ono of the hoard, said It was not within tho range of probability that tho Chlneso minister would accept, because, In the first place, ho would havo to expatriate himself and. second, tho salary of the pro fessorship (probably not moro than $1,000) would hardly bo acceptable to a man of Mr, Wu's station. NEW YORK. Nov. II. Comptroller of tho Currency Illdgley notified the New York clearing house this nftcrnoon that the con dition of tho reorganized Seventh National bank wns satlbfactory to tho government, thnt Its affairs wero In tho condition where It could pay all Its obligations and reopen with promising prospects and thnt tho re celver had been discharged. Tho bank wns. In effect, In tlio hands of Its officers from the time lhat tho statement was mado and It will bo opened officially tomorrow, Movements nf Oectin Vessel Xov, 11, At Now York Arrived: Faderland. from Antwerp; Hovic. from Liverpool, At UrcmenAriiveil: Hrcmen, from New Vork. At QueeiiMtiiwii -Arrived: Kaxonla, from Huston, for Liverpool. At Glasgow Sailed: Norwegian, for Ros ton: Nutn dlun. for 8t. John. N. 11. At lllbrnltar - Sailed: Fucrst Hlsmnrck, from ucuua, una .apies, tor now lorn. HE IS THOUGHT TO BE FATALLY INJURED Three tintiK of Convicts Are Itcnorletl In elRtthitrhnoit of Tnpektt iiml llorile nf Ollli'lnln mi Their Trull. TOI'EK A. Kan , Nov. tl. With the cap ture of Frank ThompMin. the negro leader of the federal penitentiary mutiny of last Thursdny. fourteen of the tweiity-sl fugi tive convicts havo been retaken. Thompson was captured near Council Grovo tonight by Deputy Vnllcd Slates Mar shal Prcscntt and n posse of farmer. H- showed fight, hut. was brought down bv a load of micKsnot. Tnompson is nni nnu gcroiibly wounded nnd will bo returned to the penitentiary tomorrow. Tho convicts are yet nt large and Inspliiin; much fear among tho Inhabitants of thp country dlstrlrt. Tonight officers nro ut work In a dozen different counties and as home report that they have groups of con vlcts rounded up. moro captures will bo mado before morning. From Council Grove, where Thompson was captured, tonight six convicts have slatted Io Cottonwood FallH and ore freely holding up nnd robbing people and plunder ing farms nil along, Many have had en counters with tho men nnd people along the route nre nfrald to venture out of their houses tonight. (itlri'ii Cn trot ltnnils. In Lyon county citizens and of. fleers nro armed and nro pntrollng tho approaches to the town, as the convicts will probably pass that wnj. Thrro Hiisperted convlctH wero seen boarding n freight train In Ottawa tonight nnd they nre expected to drop off near Emporia, whero there Is Bome heavy timber suitable for hiding. Near Osage City. Deputy Warden Lemon, with fourteen officers la closely In touch with three convicts, whom ho expects to enpturo before morning. The sheriff nt Oswego Is in pursuit of n convict who held up some men there today The sheriff nt Alma reportB that he has two suspected convicts Hurrounded, Tho convicts nro seemingly becoming bolder and are invading towns. In tho Union Pacific yards ot Wiimcgo tonight two of the runaways hold up a man and com pelled him at the point of njroyolver, toglve them $!"2. They then hoarded n frolgfit"" train and went west without nny attempt being made to capture them. I'lullt with Tlloiiiion. TOPEKA. Kan., Nov. 11 Frank Thomp son, the negro leader of tho mutiny at thu federal prison at Leavenworth, which re sulted In the escape last Thursday of twenty-six prlhonern, was captured eight miles north of Council Grovo this evening by ft posso under command nt Deputy United Stntes Mnrshal E. A. Prcsroti. Thompson would not Mil-render, but was taken nfter u hnrd fight with the olllccis. In which he was shot In tho bend, but not severly Injured. No member of tho posso wns hurt. Deputy Marshal PrcHcott has been in Council Grovo ever sluco Saturday morning on tho wntch for o,capod prisoners. There were n number of them In this vicinity mid several depredations on property have re sulted from their prcsonct-. This morning Deputy Prescott heard of the presence of tho negro convict a few miles north of town mid Immediately set out to make tho capture, assisted by Sher iff Michel and some other otllcorw. The olTleers hnd Just emerged from a wooded tract when they saw Thompson running across tho open. Ho vvjik ordered to halt, but bo answered hy wheeling around nnd doing i-omn rapid tiring with a II caliber revolver. Tho officers then Hied nnd Thompson dropped. Ho was stunned and was easily secured. Thompson will be taken back to tho penitentiary tomorrow. Cup I n re of Lewis. KANSAS CITY. Nov. 11. Another day has ndded ono more to tho list of escaped Fort Leavenworth convicta captured, that of Lnwrence lxiwls, who was mortally wounded this morning near Qmmcmo, Kan , while making a dash through a cordon of armed deputies. Now there aro but thir teen prisoners at largo, Lewis is a white hoy, 20 year ot nge. who was sent up In Octobor, 1D00, to un dergo a five years' sentence for larcony He was tracked to a wooded placo near Qurnomo by tho city marshal of that placo (which Is situated forty mllps southwest from Fort Leavenworth) and a dozen men bearing rifles. An order to surrender was mot with defiance nnd Lewis, unarmed, nnd although practically surrounded, darted for the nearest opening. Ho had gone scarcely 100 yards whon a bullet from a rllln in tho handa ot one of his pursuers plerred his lung from behind nnd brought him to tho ground. Weeding nnd fntnlly wounded, Lewis was taken to the marshal's officii and carod for whilu Wnrden McClaughry vvaB notified. Threo distinct gangs of convicts have lieen reported nt points within fifteen miles around Topoka since last night and nl though a horde of penitentiary guards, deputy sheriffs and farmers havo been on the go nil dtiy. night fell with only ono capture, that of Lewis, reported. From tho descriptions received, Wnrden McClnughry believes that tho two captor of Sheriff Cool; ot Topoka wero Arthur Hewitt, white, and Lou Snuthniiand, part Indian. Hewitt, with Frank Thompson. negro, were ring leaders In the outbreak. and the warden today Increased the reward for their capture Hewitt and Routherland wero both serving tlvo-year sentencea for larceny, Hewitt Is 23 years old, whllo Southorlnnd Is but IS. Offtclnln Arc minim. At 5:30 this evening a message received at tho pcnltontlnry noted that Thompson, with threo other convicts, hod been traced to near Council Grove this afternoon aud was being followed, The oflicora ut Topoka, both county and city, filled with rnvongn at being foiled at Pauline, are bending every energy to overhaul theso particular convicts, who they profess to hellnvo ar In hiding within thirty miles of tho acenn whero yeaterdny's exciting eplsoda wns laid. r