Omaha daily bee. (Omaha [Neb.]) 187?-1922, April 19, 1904, Page 2, Image 2

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    TITO OMAHA DAILY REE: TUESDAY, APRIL 19. 1001.
Told. 1S-M.
WE CLOSE BATCH
"True merit, like
rlaer, the sleeper It la
h lees Koine It
makes."
TOU CAN TELL THEM THEY ARB BO DIFFERENT.
WABH SUITINGS for shirt waist milts range of style almost unlimited. Prices
10c, 1ZH 1R lSc, 20c, 30C. 5o, 40c and 60c per yard.
EMBROIDERED WASH PONOEE at 50o per yard.
BROCADED WABH PONOEE In champagne color, at 4So. 60c and 0c per yard.
VOILE MELANGE 'pretty, aoft finished material, In woven mixed cheoks and
plains, at IB per yard. '
8ILK MOL'fiSELINB In all plain delicate colorings, 15o per yard and up.
TlHlln!?gIKI,lELlfl)lEKI
Y. M.CA. Building; Corner Sixteenth and Douglas St.
nation of the hull to determine ' whether,
the explosion whi Internal or exteVnal."
The reason the naval staff was- dlsln-.
dined at first to accept the possibility of.
Togo' claim was because, If true, the'
mines were laid not only without discov
ery, but without even arousing the falnteat
suspicion.
Togo' report as telegraphed to the Rus
sian papers, dates the loss of the Petro
pavlovsk as April It, whereas It occurred
on April 13. Togo also claims that a night',
.tuck was made on Port Arthur April 11,
which I officially denied here.
The general staff has no Information In
regard to the rumored appearance of Japa
nese transports off Yin Kow, the port of
New Chwatig.
A Hleclal telegram from Port . Arthur
aays the cruiser Bayan exceeded Its trial
speed when It went out to the rescue of the
torpedo boat destroyer Eeistrnshnl.
The same dispatch reports that a Japa
nese cruiser was sunk, adding that the
causa Is unknown.
The Novoe Vremya publishes an expert
article showing the Impossibility and futil
ity of trying to raise the Petropavlovsk as
It lies.
The Novo Vremya publishes an article
showing the Impossibility and futility of
trying to raise the Petropavlovsk as it Ilea
bottom upwards at a depth of from twenty
to twenty-five fathoms and probably Is
broken In pieces.
A requiem mass was celebrated yesterday
for the repose of the soul of Colonel
Agapeleff, who was officially reported to
have lost his life at the time of the Petro
pavlovsk disaster. During the night his
wife received a telegram aaytng he was
alive but seriously Injured.
The Russ discusses the suggestion of the
retirement of the Russians from Port
Arthur, 'recalling the abandonment of Mos
cow In 1812 and pointing out that General
Koutouroff, who recommended It, was first
thought to be mod, yet It proved In the end
to be the undoing of Napoleon and also
Admiral Nachlmoff's advice which was
not followed for a desperate sortie from
Sebastlpol with tha ships against the aliens
In ISM. . ,
The Russ comas to tha conclusion that no
matter what tha fate of Port Arthur may
be It will have no decisive bearfing on the
ultimate result of the campaign..
A Russian Admiral who holds to the
theory that a submarine boat sank tha
Fetropavlovsk, discussing tha full report of
tha disaster cabled tha Associated Press
fiom Llao Yang, saying:
It does not prove tt struck a mine. On
the contrary It Is evident from the dispatch
that the Petropavlovsk was some distance
oft shore where it was Impossible to lay
contact mines on account of the depth of
the water. The signal man's story Is Irrec
oncilable ' with the mine theory. Like
Orand Duke Cyril h u sucked down to a
great depth. He sayr. tha Petropavlovsk
was almost at a standstill, which would
have been the most favorable position for
a submarine boat. .:,.. , - ' . i
, Soma of tha papers which Insist upon the
submarine boat theory lay great stress upon
tha alleged statement made by on of the
Cramps of . Philadelphia, who- la quoted as
saying tha Japanese had submarine boats
obtained from Great Britain. -
Vloe-Admlral Skrydloff, the successor of
Vice-Admiral Makaroff, arrives here Tues
day night A big popular demonstration la
being arranged In his honor.
Captains Btetenko and Cladot have beeri
appointed flag officers to Admiral Skryd
loff. Question of Wireless Telearrapny.
LONDON. April W The Foreign office
has received a, communication from tha
Russian government relative to the use of
is the starting point of disease. It can be easily removed
by taking, on arising, half a glass of the ,
' Natural Laxative Water, v '. .. . .' ' ..
Tm yotsr awn protection ask for it by thg full name, HUNYADI TANOS,
SUBSTITUTES ARE "WORTHLESS AND HARMFUL.
CUT OUT THI1 COUPON.
Omaha Be Exposition Coupon
A Trip to St. Louis via The Wabash
ONE VOTE
0m Tate fcr.
jUdraaa.
COT TBS OCT-OsaosK at Bos Offloo or malt to "Ba position Department,
, Omaha Boa. Omaha. Nebraska.
s: CUT OUT THIS COUPON,
Omaha Beo Exposition Coupon
A Trip to St. Louis via The Wabash
PREPAYMENT COUPON
.Vote, fvf .
A4ru.
lette U (mom).
Adartu.
Thin oovpoB. wboa aceompaalM by
oats U votes for eawia us ixuo, w
subsortbUua cannot EO prepaua
VoiuM bosOaVa or tnall
OUU, nest
Pee, April .IS, 14.
Choice Wash Fabrics
need not be high priced, but must
be of the latest fashion.
wireless telegraphy by war correspondents.
It Is. identical with the note received by the
government at Washington; and says Rus
sia doe not contemplate any Immediate
action Irt the matter. The pronouncement,
according to the Foreign' office, rises such
a number of new Issues, .-that It requires
the must careful consideration.'
PEX9IO? FOR MAKAROFF-S WIDOW
Major PflagT Denies There la a "lege
of Port Arthur.
ST. .PETERSBURG", April 18. Vice Ad
miral "Makaroff's widow haa. been granted
an annual pension of 110,000. A detachment
of Russian troops which left southern Us
surl has reached Maoer-Shan (on the west
bank of the Yalu river, ITS miles north of
Ping Yang) without having encountered
any of the enemy. The detachment has oc
cupied a mountain pass between Manchuria
and Corea, which it Is fortifying with
mountain batteries.
Major General Pflug, chief of the military
staff at Port Arthur, telegraphs that -all
statements regarding a siege and fall of
Port Arthur are unfounded. . -
DEATH RECORD.
Mrs. Coearhe Dlerke.
FREMONT, Neb., April 18. (Special.)
Mr. Goesche Dlerka, widow of the late
John Dlerka, died suddenly tls morning
at her residence at the age of 77 years. She
was apparently In the best of health and
was out In the garden with her unmarried
daughter Emma. She went Into the sum
mer kitchen and had started "to wash her
hnnds when her death occurred. A few
minutes Inter her daughter, Mrs. August
Elchstndt, who lives with her, found her
lying dead upon the floor. Death was
caused by heart failure and was evidently
Instantaneous.
Mrs. Mary A. Gould. V .
TECUMSEH, Nob., April ls-MSpeclal Tel
egram) Mary A. Gould died at the home of
her daughter, Mrs. Lawrence' Morrisey,
near Tecumseh today of blood poisoning.
Bhe was born at Ann Arbor, Mich., March
8, 1838. She had lived in Johnson county
alnce 1868. Her husband, John Gould,- died
January 14, 1902. The deceased leaves four
sons and one daughter.
Francis Zdeb. -.
Francis Zdeb, 11 years of atfe, Twenty
eighth and P streets,' South Omaha,' died
Sunday night at St. Joseph's hospital as
the result of an operation, fpr appendi
citis. ..'..-,
Hen Coal .Company at Work. .
SHERIDAN, .Wyo.. April 18. (Special.)
Tha Carney. Coal company, whlob reoently
i purchased the Berchby property on Tongue
! river; seven miles from Sheridan, U' pre
paring to begin-operations on a large scale.
Bids have been received for the construc
tion, of thirty new' dwefilngs for the use
of their employes. Work will soon be
commenced on the ' tipple and shaft and
new modern machinery will be Installed.
The company Is also considering the prop
osition of putting In an electric 'plant for
lighting purposes. When everything la
completed the mine will have an output of
nearly 2,000 tons per day of the best grade
of lignite coal. .
Call for Industrial. Kisoilllas,,
CHEYENNE. Wyo., April 18. (Speclal.)
Presldent Chattertdh and Secretary Cou-
tant of the Wyoming Industrial association
Saturday Issued a call for the fourth an
nual convention and exposition, which will
be held at Casper on September . 20, 21
and 22.
Kama,
att . .
s
Mama.
tasa,
i
a cash prepaid subscription to TH MA.
om iw - . v . .
uuui am uwui ! v ' "
to "Exposition Ifepai-unont." Omaha oa.
rfr
DATS AT P. M.
TEXT OF DIETRICH REPORT
Whtt the Special Oommittei Returned to
BeDste ii Iti rinding
NO GROUND FOR THE ACCUSATIONS
Fnll and gweepln Investigation
Made and. the Aernsed Entirely
Eaonerated from All Charges
Against lllm.
WASHINGTON. April 18,-FolloWlng U
the full text of the report of the special
committee of the United States senate that
Investigated the charges against Senator
Dietrich of Nebraska:
v.T,ie i "Peclal committee appointed under
the following resolution, via.:
"Resolved, That the president pro tem
pore shall appoint a committee of five to
investigate and report lo the senate all
the facts connected with the appointment
of Jacob Klsher as postmaster at Hast
ings, Neb., and the leasing of the building
used at this time for a poatoffice In that
city, and particularly to Investigate and
report as to the action of Charles H. Diet
rich, a senator from Nebraska, In con
nection with such appointment and leas
ing, having mads the investigation required
by such resolution, report herewith all the
facts regarding which they were directed
to make Inquiry, and as to the action of
Senator Charles H. Dietrich In connection
therewith:
Senator Dietrich was elected a senator
from the state of Nebraska on March 28,
WOT. He took the oath of oflice on Decem
ber 2, 1901, at the opening of the regular
session of the senate. At the lime of his
election to the senate he whs governor of
Uie state of Nebraska, having been elected
at the November election In the year 1900.
He took the oath of office as governor on
January 8, 1901, and resigned on May 1 of
ma Btfcuie y cur.
His Call oa Payne.
While governor, and on or about March
. 1901. he Called unun thn twiatmiuiter iran-
eral at Washington and made to him a
proposition to lease to the government for
wie lerm or ten years a room for a post-
niue, in a nuuuing ne was tnen con
tracting In the cltv of HantlnKs. Neb..
at a rental of $l,8uo per annum, the flx-
lures. neat, ngnt ana water to be rur
nished by him, he to keep the same In
repair and to furnish all additional fix
tures deemed necessary during the term of
ins lease, inis proposition was accepted
by the deDartment. and on March 12.
1U01, Senator Dietrich signed a lease for
the same, forwarded It to Washington, and
on March 21 the proposition was formally
accepted by the first assistant postmaster
general. At this time the postoftlce was,
ana naa tor some years been Kept in a
building owned by a Grand Army post,
about forty feet from the building which
was being erected by Senator Dietrich.
The postmaster was notified by the de
partment of the lease of the new premises,
mmeaiateiy arter which numerous pro
tests against the proposed change of lo
cation of the office were sent to the de
partment at Washington. These protests
Beem to have emanated from two sources
one, the Orand Army post, In whose
ouiiuing the postotnee was then situated,
and the other from a different locality In
the city, between which and the locality
where the new building was being erected,
more naa been lor years, an intense
rivalry. These protests were of a char
acter which Induced the postmaster general
to notiry senator Dietrich tnat ne tnougnt
It Inadvisable to carry out the arrange
ment for leasing quarters from him unless
he could secure more favorable terms. As
a result of this notice Senator Dietrich,
about April 23, 1901, and while still acting
as governor of the state of Nebraska,
called upon the postmaster general I In
Washington and after otscuaslon of the
matter made a verbal proposition to leans
the room In question as a postofflce for tha
sum or xi.aw per annum, witn tne unaer
standlnar that tha Kovernment would oro-
vlde at its own expense, fixtures, heat,
light,' water and make all other necessary
expenditures
On April 24, 1901, a written notice was
snt to Senator Dietrich) signed by the first
assistant postmaster general, accepting
tnia proposition, ror a term or ten years
from July 1. 1901, at a rentnl of 1 1.300 per
annum, with the understanding that the
firesent equipment in the postofflce at Hast
ngs will be used in the new room, and the
department is to defray the expense of re
moving the equlpmant and placing the same
In position in the new quarters."
While the first contract for tearing" the
f remises,.. which required Senator Dtetsieh
o fit the same up at his own expense, was
In force, he -made an agreement with the
officers -of the Grand Army post to pur
chase from- said post all the furniture and
fixtures belonging to the same and used
ror the postofflce in their building, for the
sum of JoflO, to be paid whenever Senator
Dietrich took possession of the same, or
the nostoffVe was removed to the Dietrich
building. The data of this agreement was
April , 1901.
Appointment of Fisher.
On June 9. 1901. Mr. Jacob Fisher was.
upon tha recommendation of Senator Diet
rich, appointed postmaster at Hustings,
and took possession of the office soon after.
in tne Duuatng or tne urana Army post,
where It was then located. The office was
removed to the room In. the Dietrich build
ing on tne zist aay oi July, laoi. ana tne
fixtures were then removed from the old
to the new postofnea room.
Senator Dietrich owned tha land upon
which the building was erected where tha
new postofflce waa located. He (began the
construction of the building In the summer
or i9ou, ana before malting tne proposition
to the postmaster general to lease, a room
In It for tha nnstnfflce.
In October. 1900. Gertrude Dietrich, the
senator s daughter and only child, inherited
rrom ner granaiatoer uie sum or u.suo.
Senator Dietrich wife the Dresldent of the
German National bank at Hastings, and his
nrotner-in-taw. Mr. jonn etiaaer, was cann
ier.' When his daughter inherited the
money referred to. benutor Dietrich con
suited with her unele. Mr. Blakef, as to
how It should be Invested, and decided,
with the consent of the daughter, who was
at the time, by the laws of Nebraska, of
agff to mane contracts, tiiat tire ' money
should be used In the erection of. the build
ing whlqh had been commenced by Senator
Dietrich, who stated at the time, to his
daughter, to Blaker and to others, that
when the building should be completed he
Intended to convey the land and bulldlns
to his daughter, as her own absolute prop-.
erty. Accordingly, tnia sum or w.joo was
used and expended In tne construction or
the building referred to. The property is
valued at about 19.000. including the cost
of the building, and the land upun which tt
Is located
Senator Dietrich went with ms daughter
to the Philippine islands, starting about
the middle of June. 1901. and returning
about the 1st of October that year. During
his absence, as before stated, about tha ;aat
of Jul v. 1901. the aovernment took posses
sion of the postofffce in the Dietrich build
ing and removed the fixtures from ths
Grand Army post building thereto, at its
own expense. Mr. Sinker had been directed
l ' J l.Jt . 'H II I. ... Ill V 1,1V UWI'MIU.U,
to collect the rent and to denotilt it to the
credit oi oeriruoe uietricn in tne Dana, ana
this was done from ths date of the govern
ment occupation.
Senator Dietrtcn instructed Mr. Biaker to
prepare a deed conveying toe property to
his daugnter uertruae, ana tne aeea was
prepared by Mr Blaker according to direc
tions, but Its execution was overlooked for
some time, and when that fact waa dis
covered by' Mr. rlaker he forwarded the
deed to Senator Dietrich, who was then in
Washington, where the same was executed
snd returned by him, and then It waa
placed on recora.
All rents for the building were, from the
herlnninir. as thev accrued, collected bv
Mr. bisaer ana aepoeitea in tne nana to
the credit or uertrude Dlatrlcn ana checked
against by her for her own personal use.
senator uietricn is a widower, a man or
Independent fortune and quite able to
present to nia aaugnter nis interest in Tne
Rroperty in question, ana tne committee
nas In the record no reason to doubt that
the transfer, to the daughter was in Purnu
a nee of his ilntentlon. announced when he
Invested her money In the building, and
ASTHMA
U.I 1 .H.knal.t-a niL unrnull. nnW
tli a tT.wm of trratmeut luuoduoed by IT.
frank Wiistwl oi Chicago,
ASTHMA CAN BE CURED.
Tm I. n Inntt f . t-n t ion If V LT. 9. &
Brown. Pr.m,fW. Iowa; Vt. J. C. Curiw.
'L iKnainiif a! hi Lrtmi mni
svi.d th MniivncT of lb cur la their
. i U'L..ul '. smskSBT nasnths-nfl tntnV
own caiw. itt. " u ,tI 7. Z
rauicmi ui"sMvM ssw ---- - 7, t
wuoke posdera, tynjt, etc, whica raUsvs
al 1 ..w- a Imin ILTkan (MCI
MM ao not cure.
g-nrs- TrcT TUriTMf NT
r n t- k- i . - - - - - .
. .tna ahnrt deserto.
Hruuv ii m .ui . -
tloD of ths caw. and sending nsnies of o
no. uihmtUe suneren. a
of sxpeneuevs of thoM cursd,
FRANK WMETZCL, M. O.,
H AsMiioas txsrsss aioa. vwa
was In perfect nrmd fnHh and not In ths
slightest degree culpable.
Inspector gaBests tbanges.
After the building was oocupled as .a poat
oflice the premises were Inspected by an
Inspector of the lottniie department, who
suggested to Mr. Klshet the postmaster,
that the room was too large for poslolflee
purposes, and that Its heating would be
too expensive, and further suggested that
a room be partitioned off from the rear.
W hen Senator Diet rich . returned from the
Philippines In October, he visited Wash
ington and arranged With the Postofflce
department to put up a partition at his
own expense, the department agreeing that
it would relinquish the portion of room
so to be partitioned off, which proposition
was accepted by the department.
When this arrangement had been made,
the postmaster, Mr. Fisher, proposed lo
Senator Dietrich that ho would rent said
room, Intending at first to start a res
taurant In the same, to be conducted by his
son, and It was agreed between Senator
Dietrich and Mr. Fisher, that he (Fisher)
should take the room and pay for it, com
mencing August 1, 19ul, at the rate of 110
per annum. This arrangement was made
some time In November, 1901. Senator
Dietrich soon after iraroe to Washington
and did not return to Hastings until the
latter part of March, 19o2, when he found
that the restaurant had not been started,
ant that the room was vacant. He was
told by Mr. Fisher that as the Burlington
depot had not been completed as soon as
he supposed It would be, he had given up
the Idea of establishing a restaurant in the
room; that he had negbtlated with the
Western Union Telegraph company to put
an office therein; but 4hst plan had not
materialised. Thereupon, Senator Dietrich
told Mr. Flshef that he as willing to
take the room off his hands and repay the
rent which Mr.- Fltthnr.had paid for same
from August 1, which, he did. and soon
thereafter Senator Dietrich leased the room
for $300 per year to another party, which
lease still continues. The money paid by
Mr. Fisher for the rent of the room was
paid to Mr. Sinker and deposited to the
credit of Gertrude Tiletrlch. ' and the sub
sequent rents have been so collected and
deposited. The entire amount paid by Mr,
Fisher for the room -was 83'.3(l.
Soon after making the arrangement to
lease- the same, it was mgreed between Mr.
Fisher and his deputy postmaster, Ed
win A. Francis, that they should be joihtly
Interested In the lease of the-room, eae-h
paying one-half, andeharlpg equally in any
rents that might be derived therefrom.
Francis paid to Fisher one-half of the
rent while the arrangement lasted, which
was repaid by Fisher, when Senator Diet
rich took theoom off his hands.
Ktsher and Dietrich.
Fisher waa a director in the bank of
which Senator Dietrich was president, and
his friends had made application to Sen
ator Dietrich while he was governor to ap
point FlKher to. the office of oil Inspector
of the state. Mr. Fisher, In company with
Mr. John D. Mines, visited the city of Lin
coln, where the legislature was In session,
In February, 1901, and Mr.. Mines askc.l
Mr. Dletrloh to appoint Mr. Fisher to such
position, but the governor Informed Mr
Mines, in the presence of Mr. Fisher, taal
he did not sea his way clear to make such
appointment; that If he should appoint
him, Fisher would have to live at the cap
ital, and that the expense of doing so
would be so great that he would not re
ceive much benefit from the office, but that
he would use his influence to have Fisher
appointed postmaster at Hastings.
After the election of Mr. Dietrich as son
ator, Messrs. Fisher and Mines again vis
ited him. and Senator Dietrich then as
sured them that he would recommend
Fisher as postmaster Soon after his elec
tion as senator Mr. Dietrich took a trip to
the Big Horn mountains, and when he re
turned therefrom to Hastings, he sent for
Mr. Fisher, who went to s.ee him, and was
told by Senator Dietrich that he would
soon recommend him tor postmaster. A
conversation l hereupon took placb with re
gard to tne nxtures in tne oiu postomce,
which Senator Dietrich had, as before
stated, agreed to pay for when he should
take possession of the sama. or when the
postofflce should be removed to the Dle-
tnen Dunning. . nenator uieincn asaea
Fisher if he did not think he could raise
among the people who were Interested in
property In' that section of the city, the
$500 necessary- to -purchase the fixtures.
Fisher replied, that, ha aia not minx ne
could, as tha property owners there had
recently contributed the sum of 13,000, to
secure the locatton-of , the Burlington depot
In that vicinity, and that he would rather
buy the fixtures himself than go around
with a subacrlptionvltat to raise the money
necessary; that, wthar postmasters, when
appointed, had' purchased fixtures, and that
ne WSB Wlllllkv IU UU VIIO dm 111 IT. dwii nnri
this. Mr. Fisher.: wa recommended by
Senator Dietrich, And on June 8, 1901, re
ceived notice that his appointment as
postmaster had Been made."
Senator Dletrlatntrand Mr. Flher both
testify positively,, Jind. unequivocally that
the purchase of the fixtures was In no way
rntde a coidltlfr of "The appointment of
Fisher .as pmaster.anq, .mat ii)e uinp
action was only suon as had been cjs-
tomary upon' -the ffpointment oi former
postmasters, aad tbe -committee Is satisfied
from the evidence that such U the fact.
When the oogtoffice was abcit to ba
removed Into j the Dietrich' building Mr.
Fisher Dnid to the agent or . the Grand
Army, post the sum. of. npo for the. fixtures
and they were removed and Installed in ths
new building.
' Prosecution of Senator Dietrich.
Senator Dietrich Vas indicted in the dis
trict court of Nebraska in five different
cases, afterward remitted to the circuit
court, the record in two of whloh is printed
with ths testimony taken by the committee
In this case, whtcn record, as tne commit
tee thinks, fairly presents all the charges
against him, so that the printing of the
record In ths other three cases Is unnecss-
in. tne nrst or toe cases, tne recora oi
which Is printed. Senator Dietrich is
charged in effect that while a senator In
congress from the stats of Nebraska hs
took,, received and agreed to receive a bribe
rrom jacoo risner . or procuring uo aiu
Ing to procure for said Fisher the office
of postmaster at Hastings, Neb. To this
indictment Mr. Dletrtcn pieaaea not guilty
and a Jury, waa empaneled to. try the case.
After the opening statement of ths United
States district attorney. In which he ad
mitted that the date of ths offenses charged
was prior to ths .taking of the oatn of
office of senator by. Mr. Dietrich, a verdict
of acaulttal was directed by Circuit Judge
Van Devanter, who field that ths statute In
question did not apply to a senator-eleot,
and a verdict of acuuittal was accordingly
rendered.
In the second case, the record of which
Is printed, it is charged that Mr. Dietrich.
while a senator, iq congress from the stats
of Nebraska, did hold and enjoy a con
tract theretofore entered into between him
self and the United States for the use
and occupation, for the purposes of a
United States postofflce at Hastings. Neb.,
or a lot and building ownea Dy tne at
tendant. In this case a demurrer was en
tered, argued and overruled, but subse
quently, on the motion of the district at
torney, a nolle prosequi was entered, and
Senator Dietrich was discharged.
Une of the other cases against Senator
Dietrich differs from the first, the record
of which la printed, only In the manner of
charging the same orrensea auegea in tne
first case, and In this case a nolle prosequi
waa also entered, upon the motion of
the district attorney, and Senator Dletrloh
waa discharged.
In the other two cases Senator Dietrich
and Mr. Fisher wers Indicted Jointly, for a
conspiracy to violate section 1781 of the
revised statutes, the grounu or such con'
nlranv being the- alleged agreement be
tween Messrs. Dietrich and Fisher, which
was set up as a separata offense in ths
first case referred to. In these two cases
demurrers were entered and sustained,
upon ths ground that the indictment did
not charge a conspiracy, but only separate
ofTenses against Dletricn ana riintr.
Offenses Charged by Indictment.
Rn that eliminating technicalities, the of
fenses charged against Senator Dietrich
were: , .
k'lrai-That as aen&tor he received from
FUher, either ths sum of $1,300 or $600. or
the equivalent Of the same, in property for
procuring for said Fisher the office of
postmaster at Hastings, and,
Second That as sxuator he held and en
joyed a contract with the government.
Tim taiiii which Rnator Dietrich was
alleged to have violated In the first esse
referred to U section 17&1 of ths Revised
Statutes, as follows:
Every member of congress, or eny otn
eer or rnt nf th government who. di
rectly or Indlreotly tukes. receives or
agrees to receive rrom any pnou nr piu
curlng. or aiding to procure, any contract,
r.m.- . ,r nianA fr,.m fh government or any
department thereof, or from any officer of
the United States, for any person, what
ever, or for giving any such contract,
office or place to. any person whomsoever
shall be deemed guilty ot a misde
meanor, and shall be imprisoned not more
than two years and fined no mors than
siuflnu Anil n v mtnitMT of con
gress or officer convicted of a violation of
this section shall, moreover, be disqualified
from holding any office of honor profit or
trust under ths government of ths United
Slates."
Ths statuts which hs was alleged to have
viola t-.t In that ao.nA rjLM Is section $73
of the Hevlsed Statutes, which is here
quoted, together with, ths pertinent sections
$7) and $Ttl: ,
"Section $73. No member of. or delegate
to, congress shall dlre'-tlv or Indlr'ctjy.
himself or by any other person In trust for
him. or for his uss or benefit, or on his ac
count, undertake." execute, hold or iiijoy,
! fthnla .if- 1- .. u unw .nntrfiL't Or Stfree-
ment mads or entered into In behalf of tha
United States, by, gny ofl'rer or person au
thorised to make contracts on behalf of the
l i.lted States. Every person who violates
ims section snail be aeemea sumj ui
ruiadenieanor and shill be fined $3."H All
contracts or areeoients mads la violation
of this section, ahull be voldi and when
ever eny sum of money ia sdvanced on the
part of the United States In consideration
of any such contract or agreement. It shall
N forthwith repaid: and In case of refusal
or delay to repav the same when demanded
by ths proper oMcer of the department un
der whoso authority such contract of agree
ment shall have heen made or entered inlo,
every person so refusing or delaying, to-
f ether with his surety or sureties, shall be
rthwlth prosecuted at law for the recov
ery of any such sum of money so advanced.
"Section $70. Nothing contained In the
preceding section shall extend, or be con
strued to extend, to any contract or agree
ment, made or entered Into or accepted, by
sny Incorporated company, where such eon
tract or agreement Is made for the general
benefit of such Incorporation or company;
nor to the rurchnse or sale of bills of ex
change or other property by any member
of. or delegate to, congress, where the
same are resdy for delivery and payment
thereof Is made at the time of making or
entering Into the contract or agreement.
"Section 3741. In every such contract or
agreement to be made or entered Into or
accepted by or on behalf of the United
Ststes. there shall be Inserted an express
condition that no member- of (or delegate
to) congreea shall he admitted to any share
orpart of such contract or agreement, or
to any benefit to arise therefrom."
Committee's Conclusions.
The committee, desiring to make the
rullest possible Investigation Of all the
matters embraced in the resolution, through
the attorney general of the United States,
called upon the district attorney of Ne
braska for the complete court record in all
of the cases against Senator Dletrloh and
Mr. Fisher, and also a list of all witnesses
by whom the district attorney expected to
prove tha allegations In the several In
dictments, together with a svmmary of
what he expected to prove by each witness.
Receiving such list and summary, all of ths
witnesses wrmse names were furnished br
the district attorney, and other witnesses
whose names were brought by the district
attorney to the attention Of the committee
pending Investigation, were summoned, and
all appeared before the committee except
two, one of whom Is dead, and the other
of whom was so 111 as to be unable to
appear. Affidavits of each nf these wit
nesses, both separate and Joint, had baen
secured, and are printed in the testimony.
In all of the Indictments the prosecution
relied upon the same facts to prove the
ofTenses chnrged.
It will appear thnt the committee, with
such consent of Senator Dietrich, admitted
not only such evidence against him as
would have been competent in a court of
Justice, but also a great deal of hearsay
testimony,, twlng all which was brought
to their sttentlnn, as a possible clue to
further Information. The committee did
not determine how far this proceeding
would have been justified for any reason,
without such consent, even If they had
carefully refrained from attaching nnv
weight to It In their final decision. But
It in fact did not in the least tend to shake
or affect the conclusion they have reached.
The committee, with the consent of
Senator Dietrich. In order that no possible
fact bearing upon the matter might be
overlooked received the statements of all
of the witnesses In full, not regarding
strictly the rules of evidence in that re
spect. The committee submits herewith the tes
timony taken, but deems It unnecessary to
set forth In full a summary of the same.
Many of the witnesses examined, bv whom
the district attorney apparently, expected
tp prove the charges against Senator Diet
rich, testified only to matters, which, In
the- opinion of the committee, could hn-t
have been accented In court as less! evi
dence, relating principally to, statements
auegea to nave neen made ny nsner and
others. In the absence of Senator Dietrich,
to the. effect that Fisher had been re
quired to pey a nitn of money in order
to secure tr.e appointment or postmaster
at Hastings.
The statement of . the witnesses thus
testifying are positively and unequivocally
denied by the parties with whom It N
alleged such conversations were had. and
an examination of the testimony will, ths
committee thinks, lead to the conclusion
that such alleged conversations are Im
probable and never took place.
Upon full consideration of nil of the evi
dence the committee Is of the opinion thtt
Senator Dietrich has not been guilty of
nny violation of the statutes of the United
States or of any corrupt or unworthy con
duct relating either to the appointment of
Jacob Fisher a' nostmaster at Hastings.
Neb., or the leaning of the building in ques
tion to tne united states ror tne purposes
of a postofflce.
MRS. CODY ASKS A COMTIMANCE
Also Objects to Judge Who is to Hear
... Divorce Case.
BASIN. Wyo., April IS. (Special Tele
gram.) Court convened this morning, with
Judge J. lx Stotts onthe bench. The
largest; locket .ln th: history of the" Fourth"
Judicial idiBtrlct confronts him. The total
Is elghty cases, equally divided between
civil and criminal. The most ' noted civil
case is that of W. F. Cody, who Is suing
for absolute divorce. John P. Arnott, on
behalf of the defendant, asked for a con
tinuance to the fall term of court, sitting
at Sheridan December next, when Judge
Btotts will be sworn off the bench on ac
count of alleged friendship for the plaintiff.
The grounds for asking the change was
that on account of railroad facilities Sheri
dan would be more easy of access to the
defendant's witnesses. An answer to Cody's
petition will be filed In a few days.
Great Interest is felt over the mob cases
which will come up for trial at this term.
There are thirty-five charges of murder,
each against eight persons and one against
another must be disposed of. Along with
those Indicted figure the names lof persons
heretofore considered the most substantial
and infiuenclal cltisens. The cases will be
stubbornly fought. Prosecuting Attorney
John' P- Arnott will be assisted by P. S.
Rldgely and C. A. Zerhring. James G.
Tat lock will bs the first tried. His trial Is
set for Monday next and ths trial of George
Sabln, tbe alleged leader of ths mob, will
follow as soon . as possible. Jack Currock,
the last of those arrested in connection
with the violence of last July, was admitted
to bail today In ths sum of $S,000.
Completes Fort Russell Houses.
CHETENNB, Wyo.. April 18. (Special.)
Contractor M. P. Keefe has completed
seven brick, and stone residence buildings
at Fort Russell and ths finished structures
have been turned over and have been ac
cepted by the government. Contractor
Keefe has a force of men laying two miles
of stone flagging, which ia replacing tha
old board walks at the post - Other con
tractors are building sewers. Improving the
grounds, etc. Work is progressing rapidly
on several sets of Infantry barracks, offi
cers' quarters, bakery and other buildings.
Two hundred and fifty mechanics and la
borers are employed on the new work at
ths post
Meade County Republicans,
BTURGIS, S. D., April II (Special Tele
gram.) The Meade county republican con
vention was held here today with a large
attendance, every precinct being repre
sented. Strong resolutions wers passed en
dorsing the administrations of President
Roosevelt and .-Governor Herreld. . The
delegates were Instructed for Congressmen
Martin and Burke and for the entire su
preme court A strong delegation favor
Ing ths re-nomlnatlon of Dr. W. G. Smith
of Bturgls for railroad commissioner was
selected and Instructed for him. -
Duel with Whip ui Shovel.
CASPER, . Wyo.. April 18. (Special. )-
Wlnt Sensabaugh and T. S. Steed fought a
desperate duel on ths Muddy. Sensabaugh
was cleaning an Irrigation ditch and was
ordered away by Steed, who attacked the
Irrigator with a riding whip. Sensabaugh
defended himself with a shovel and gave
Steed a terrible beating. When the latter
cried enough hs was permitted to arise, but
Immediately drew a knifs. Beneabaugh
avoided his rush and secured, ths knife.
Steed then went boms and with a rifle took
several shots at ths Irrigator,
Breaks Prlsoa Record.
SIOUX FALLS. 8. V., April l--(Spsclal.)
Ths number of Inmates In ths Sioux Fails
penlteLtlary has" Just boon Increased by
eleven mors prisoners being lodged be
hind Its walls, ths eleven having been
placed In the penitentiary In one day, which
Is believed to break all previous records
In the history of that Institution. Nlns
of ths new prisoners wers sentenced in ths
United States court In this city, ths re
maining two being sentenced In ths stats
circuit court for MoCooK count
WILL NOT PRODUCE MOYER
Gofemor fsaboJy Decides ihtt ll Will Bt
Uniafs Proceeding.
COURT WILL BE ASKED TO rCDlfY ORDER
General Bell Asserts that Attempt
Would Re Made to Rescue
Prisoner from tha
Soldiers.
DENVER, April 18. After conferring
with Attorney General N. C. Miller. Attor
ney John M. Waldron and General Sherman
Bell today. Governor Peabody decided that
he would not produce the body of President
Charles H. Moyer, president of the West
ern Federation of 'Miners, before the su
preme court on Thursday . under the writ
of habeas corpus Issued last Friday.
Mr. Waldron will appear before the su
preme tribunal and ask thai the court Is
sue a modified order. Hs will set up In Ms
return that under the present circum
stances It - Is unsafe to produce the peti
tioner and will ask the-court to "proceed
with ths case the same as If ths petitioner
wers In court.
' This stand was taken because of repre
sentations made by General Bell. He told
the governor and attorneys that he waa
satisfied that a plan had been formed by
union men whereby Mr. Moyer would be
rescued from ths custody of the few sol
diers who would be sent In charge of hlrfi,
or harm might come to him through the
actions of men In 8an Miguel tounty op
posed to the Western Federation Of Miners
and to union men in general.
At the conference today representations
that will be put In the return to be made
to the supreme court by the state officers
were decided upon. The answer will main
tain that the power ofNthe governor Is su
preme In such cases. It will bo maintained
that he hn the authority to arrest and Im
prison at will for the good of the state and
he may Incarcerate any person for an In
definite period. It will be said It is neces
sary to keep Mr. Moyer in custody for
some time yet, as it will be Impossible to
bring about peace in San Miguel county
unless he la kept In confinement.
Kip Them In the Bud.
If you have- loss of appetite, headache,
constipation or biliousness take Electric
Bitters. It cures or no psy. Only SOc. For
ale by Kuhn Co.
HILL , HOLDS WHIP
(Continued from First Page.)
adopted by a viva voce vote. The list of
delegates, alternates and electors was read
and adopted and the state committee was
announced. .
At 10:80 ths convention adjourned without
day.
i A Haa Jladly Injured.
Or painfully hurt, burned, bruised or
wounded gets quick comfort from B'jcklsn's
Arnica Salve. It cdnquers pain. 25c. For
ale by Kuhn Co.
FORECAST OF THE WEATHER
Fair and Warmer for States of Xe-
' braska and Iowa Today and
Tomorrow.
WASHINGTON,-., April 18.-Forcast for
Tuosday and Wednesday)
For Nebraska! Fair and warmer Tues
day; Wednesday fair.
For Iowa: Fair -Tuesday and Wednes
day; warmer Wednesday. , .,.,
For Montana;, Fair Tuesday and Wednes
day. . . .,
For Colorado and Wyoming: Fair Tues
day and Wednesday; eolder Tuesday In
west portion and In east portion Wednes
day.
For Missouri: Fair Tuesday and Wednes
day; warmer Wednesday.
For Kansas: Fair Tuesday arid Wednes
day.
For North and South Dakota: Fair and
warmer Tuesday;. Wednesday. Increasing
cloudiness. -
Local Record.
OFFICE OF THE WEATHER BUREAU.
OMAHA, April 18. Official record of tem
perature and precipitation compared with
the corresponding day of the last three
years:
114. 1903. 1903. 1901.
Maximum temperature... 6B 68 AG 67
Minimum temperature...; 40 fo fjo 31
Mean temperature.,...,.. 48 r.S 58 44
Precipitation 00 fS T .00
Record of temperature and precVitatlon
at Omaha for this day and slnos MXrch 1.
1904: , ...
Normal temperature , , 58
Deficiency for the day , 7
Deficiency since March 1, 1904 24
Normal precipitation 11 Inch
Deficiency for the day '. 11 Inch
Total precipitation since March 1.2.42 Inches
Deficiency since March 1. 1904.... .79 inch
Deficiency, for cor. period W3...J.20 Inches
Deficiency for cor. period 1902... t. 07 inches
Heport of Stations at 7 1. SI.
4
n
c
; 3,
CONDITION OF TUB
WEATHER.
; s
15
Omaha, clear
Valentine, partly cloudy
North Platte, clear
Cheyenne, clear ,
Salt Lake City, cloudy ..
Rapid City, clear
Huron, -clear
Wllllston, clear
Chicago, partly cloudy ,.
St. Louis, clear
St. Paul, clear ............
Davenport, clear
Kansas City, clear
Havre, clear
Helena, clear
Bismarck, clear
Galveston, clear
54 M .00
56 62 .00
84 TO .00
80 64 .00
70 70 .00
66 64 .00
44 60 .00
44 48 .00
44 CO .00
68 6H .00
40 4 .00
60 04 .00
68 64 .00
62 6(1 .00
bti 66 .00
42 43 .00
70 74 . 00
L. A. WELSH. Forecastsr.
A FATALJillSTAKE
Is Often Mada by the Wisest
j)l Omaha
It's a fatal mistake to neglect backache.
Backachs is ths first symptom of kidney
Ills. ,
Serious compllcatjons follow.
Doan'a Kidney Pills cure them promptly.
Don't delay until too late.
Until It becomes diabetes Blight's dis
ease. Read what an Omaha cltlsen says:
Mrs. Kanude Thompson of 808 Douglas
street, sys: "It Is nearly twenty years
since I first had trouble with my back and
kidneys, and In plts of all doctors snd
medicines could do, I gradually grew worse.
There are very few people In my neighbor
hood who do not know how I suffered. Seeing
Doan's Kidney Pills advertised I sent to
Kuhn A Co.'s drug store for a box. After
using it I found the pain In my back had
passed away. T cannot use words strong
enough' to express my opinion of Doan's
Kidney Pills after what they did for me
when sverythlng else had failed." -
For sale - by all dealers. . Pries W cents.
Foster-MUburn Co., Buffalo. N. T., sols
agents for ths United States.
Remember Uie aatua Doan's aad take ao
ubsUtuta.
CARTERS
CURE-.--
Irk Bsedsrh inn rrller ill tfi troubles let
dent to a billons (t of the Tii"m, tack ss Pis
tlnsss, Nsases, Irewi!net, DlitrtM after sating,
Psla la tb !, While their most renatn
able suecsss h bees stows to coring
BradM'he.tct t'srtn'sT.ittle LWrr Villa sre sentrl '
vslsstils la Coustipstloa, curing md preventing :
this annoying complaint, whin thajr ' correct. ,
all disorders of l stomach, stimulate ths llvw
sad ngolate ths bowels. Mm If they only cured -
Arbe they woald blmotprltlei to teeeewas
ndrrfmm this dlntrwtng complaint; bot fortu- -,
Dstsly their goodness does not end br, snd toots
.mho encs try tbers will find th little pills' vain
sble in so many Wsyt that they will not b wUliag
te io without lhes. But after all itch Bead
f- tha ban of so many Urea that here ia where we
make oar great soask liar I'iUs care It Walls ,
O'.hera da sot. -
Csrtsr's I.lttle Liver PT1U re very small aad
try eaay to tske. Ons er two stlii uiakas dose.
They ar atrirtly veertsnle snd do sot grips or
parte, kut by their gentle sctlon pljaaa all wte
uMthmn. lnvlalaaiMeentsi forIL Bold ,
by Iragglsta everywhere, er asat by matu
CARTER MEDICINE CO.,
Now York City
DON'T FIND FAULT
. with your climate
Just wear . ' .
which . makes you ', In
dependent, of ..sudden
changes in temperature.
Its pure linen that does
it not a thread ol cot
ton In Kneipp goods.
r
J
lOBrSAU HX
WILLIAMS & SMITH CO,
MRS. J. DEN SON
Brave Women
Women's delicate nerve organism sub
jects them to so iifuCh -f.uffcrlng that it Is
almost Inconceivable how they manage to
fulfill the various household ad. soolal
duties, and yet they do and stiKcr. A ,
It is because they are 'brave. "
As a rule, they undorst&nd -the nature of
their delicate organism, but overlook tha
wonderful Influence their nervous system
has upon their general health.
They are not sufficiently Impressed with
the fact . that all .their 1'ilV are directly
trshenhle to tfie nervous r.ysteirt.
: That their periodical M.tTerlag aad head
acnes, are aue to vennenea m-Pvea,
-I
Dr. Miles' Nervine
hat been Wonderfully successful In rsvltal-
lxlng the nerves and curing all cases of,
nervous disorder! and loss of vitality.
Thousands of delicate 'Women have re
gained their hnlth and vigor by Its use,
and the thourhtful fortify themselvee by
keeping their nervous system strong ana .
vigorous by Its use.
rFrom a thin, nervous wreck, miserable
and WMlched, I am now enjoying splendid
health, and It !s all traceable to your,
spler.dld modli'liie, Dr. Miles' ' Restorative
Nervlne'-lTRS. MAUD. B. OPUNGER,'
Philadelphia, Pa. . ,M
Money bock If first bottle falls to benefit.
A skin op r-BAtrrr is a jov POBBvett.
DR. T. FELIX OOOaAUD'l OB IE NT At
CBBAJf , OA MAGICAL. BKAUTIgiJCJa .
Vamoraa Tan, rimplei.FreriieB.
SOU i MCDMj 11MH, srta B
tuiaaaoa, ana crtry biaaiinj
.un uvauty, ton
VleeeideMctlan. it
Ffhfta fttood tha teat
m 1 1 " i , u,vwoi
Af cert no couotar
ftlt of almllaf
nama. br. L. A.
HAvra aalil to a
ilmily of Uie tumt.
l-'Aa you ladles
FwUl is tlwni, I
reoo m m a d
'fiauTUid"t Cnwm'
as tba least harmful of all ths (kin praparaUona.'
For aala by all Draflts snd PMarOoetia Daalera
in tha V. g., Canadaa. and Cnrona.
FtRD. T. HOPKINS, Prtpr. 17 urMt Janet H, K.
'! ' '
AHUSKMKNTS. ; r '
BOYD'S ,V0S.ai.r.BUr-
,- i ,
TONIGHT AyNP ALA. WEEK .
TUB HU'K t KC1I.IA SHAY UHAII
OPERA, COMPAJIY. .
Tonight snd Sat. Mat, CARMEN.
Wed. Mat. and Sat. Night, BOMB
MIAN GIRL. Wed. Night, II. TRtlr
VA TORE. Thui-s. Night,. KA1J8T.
Friday Night, PAOUACCI AND
TICANA.
Piioes 26c, Mc.'Wc. tl.HO, J1.60. Bar
gain Mats. Wsd. ajid bat., -Be and Uio.
Telephone 1031. ,,
EVERY NIGHT MATINEES THURSDAT,
SATURDAY, SUNDAY.
Modern Vaudeville
Marcel's Art Btudies & lias ftllef.
Mldglcy A Carlisle, Clara Ballerinl, I'AUy .
link, ixiulstt Hrehaney. Trask Gladden,
Arthur BalUrliil s Vug; and the Kiuodrome,
KR.UG 15-25-50-75C
Tonight at k. 10 Mat. Wed.
GEO. jcomp.ay ixhe Good Old
t VANS I Fi.ty i Summer Tims
Immense Musical Comedy Hit.
Thur. Night "Georgia Camp Meeting."
A Fine Musical Program
Mil's Gamble, Miss Fawcett, Mr. Medina
and Mr. Manchester may be heard In a
choice program of quartette and solo work
Tarsday Krtalsg, April 1 1,; H o'clock,
at Trinity M. K. Chnron.
Corner Blnney and 21st Streets.
Assisted by Omaha Violinist. Mc Cus
caden. ADMISSION K CENTS.
' .ii.' . j
Red Snapper Spanish
, Tuesday Dinner. .
Strawberries Every Day
' 'at tbe
CALUMET
: :
s J L.-w
fflT'l