The Omaha Daily
Bee.
Special Christmas Number,
Next Sunday's Bee.
Special Christmas Number,
Next Sunday's Bee.
OMAIIA, TUESDAY MOKNIXO. PECEMHER 13. 1904 TEN PAdES.
ESTABLISHED JUKE 19, 1871.
KIXOLK COPV THREE CENTS.
FRANK MURPHY DEAD
Pioneer of Omaha and Nebratka tit Sud
denly In Kaw Yoik.
TELEGRAM BRINGS NO PARTICULARS
Attending Physician Merely Wiraa Maager
Btatement af Startling Eet. '
f RANK HAMILTON G'JES FOR THE REMAINS
Ftoeral Will Ba Held ia Omaha from St.
Fbilomana'i CatbedraL
LEFT HOME FOR EAaf FIRST OF MONTH
nlarnl In BiiImii Life f a. F
and Stat. Devout Cataslle ai t
Pro
Active la Affaire at -
Masonry. J
Frank Murphy, president of the O
V Council fcluffs Sireet Railway
pany, me vnmna ksuw i;oihmj
pioneer and mam j-romlnent cltlien ,
Omaha and Nebraska, died iuddenl
New York City Monday noon. .
ody la belnc held thriv until Frank Him-
lton. nephew or Mr. Murpny, can reacn
New York ana bring me remains o umon
lor burial.
The last communication received from
Mr. Murphy by his friend or Dusiness
aaoclate here was dated Thurmay 01
laat week. At that time he waa apparently
In good health. He waa seized with an
attack of nephritis at 1 a, m. Monday In
his room at the Waldorf-Astoria and died
at noon. Drs. Miller and Duclose attended
him.
The startling news of Mr. Murphy's
death reached Omaha yesterday and
contained the most meager Information,
merely stating that Mr. Murphy had died
and asking for Instruction: . It wiu signed
by Dr. Arrrand DucIgim . The tel
egram was sent to the Alc....an.ts' Na
tional bank, addressed to . iank Hamil
ton. Mr. Hamilton wax nut. at the bank
when H.was received and it-.e message
ley on Mr. Hamilton's desk i.mll he hap
pened In about 1:30. It was not until then
thnt the news of Mr. Murphy's death was
known to any of his Omaha relatives or
friends.
Mr. Hamilton ' Immediately wired back
to have the remains embalmed and held
until he could reach New York. He will
bring . them to Omaha for burial.
Mr. Murphy left Omaha for New York
about December L He was supposed to
be In good health at that time and no
word had come to his relatives or friends
here since that he waa alck. The tele
gram yesterday, therefore, waa a terri
ble shock.
Mr. Murphy hod a serious siege of sick
ness about a year ago. Since then he had
been advised by his physicians to be cau
tious of his mode of living, to take plenty
of exercise as a means of guarding against
apoplexy, sine he was very heavy and
required more exercise than w. , regular
routine' of life .warranted. A friend laat
night said he heard It. waa apoplexy that
caused his death.
Oat of Leading- Cltlaen.
One of the foremost and wealthy cltl-
A . t. la.. Jt ...... W,.aw.W.,
ens ut nir vny nuu ... va, m. jnui 1117.
while participating actively in the man
agement or t)i vast and varied business
affair, lived i quiet and unostentatious
life privately, making hla home with his
sister, the venerable Mrs. Cuming, widow
of one of Ni brauka s first governors. This
home ia a handsome residence en St
Mary's avenue. New of Mr. Murphy's
death was not transmitted to hia home
on its receipt for fear of possible effects
up his relatives.
Mr. Murphy had never married.
In the death of Mr, 'Murphy the grim
reaper has visited the executive officers
of the Merchants' National bank twice
within the last year, the death of the
late vice president, 11. B. Wood, transpir
ing some months ago.
Mr. Murphy's iuneral services will be
held from 8t. 1'hllumena's Cathollo Cathe
dral. That much of the plans has been
decided on.
Mr. Murphy was a devout member of
the Roman Catholic church, not only an
earnest worshiper, but occupied a high
station in the affairs of that great re
ligious body. Also he was a staunch Ha
run, holding an exalted position in the
councils of that order. Ha waa u member
of Mount Calvary commander). Knights
Templar, having been honored in the af
fairs of his secret orders on many occa
sions. ..
ketch of Ills Carver.
Frank Murphy was bom in Wheeling,
W. Va., In July, 1843. He lived In Penn
sylvania, was educated In Pittsburg and
later resided in Illinois und Iowa, coming
to Omaha In 1S67. He had made thia city
his homj continuously since. Mr. Mur
phy . was a brother of Mrs. Thomas B.
Onmlng, widow of the late Governor Cum
ing, one of the first chief executives of
Nebraska. The Cumlngs preceded Mr.
Murphy to Nebraska. Ms. Cuming wus
appointed by the president secretary of
ttie lei ri lory under Governor Burt and
succeeded to the governor's chair upon
the death of Governor Burt.
Mr. Murphy came to Nebraska- through
the Influenoe of the Cumlngs. For many
years he waa the senior member of the
Insurance firm of Murphy et Lovett In
fact It was in this business that he rose
to his first position of subatantlal means
nnd took a leading part in local business
uffuira. He invested in oil lands In
Wyoming and other properties.
Leader la Early Legislature.
Mr. Murphy waa an active I sure in the
Fourth territorial legislative assembly of
Nebraska. He was prominently identified
in an effurt to preaerve order In the house
Thursday, January 7, 186. on which oc
casion Speaker Decker triod to take the
chair by force from Dr. W. R. Thrall of
Douglas. Thomas 11. Cuming wus then
acting governor of the territory, Governor
laajd having withdrawn. At the time of
the a Iso rd or In the house it was in session
as a commit toe of the whole to dlscuvs
the matter of a puMlc printer. A message
from the council waa to have been read
and a question an.se as to the validity of
the reading of the document at that time.
Mr. Decker started for the chair and was
about to assume the chair and take the
gavel from Chairman Thrall by force,
when Mr. Murphy rushed to the chair
and was ' followed by Mr. Paddock. The
three men had hold of the gavel at the
turn time. Docker was taken from the
ihulr and order restored. In the report
of a committee appointed to investigate
the disturbance Mr. Murphy Is mentioned
1tn several other In the light of peace
saakera and as landing for Isw and or-
(Con J sued on Bee on d Page.)
EUROPE FEARS FOR TREASURES
Rleetl.m at Mornsn t Head ( Metro
politan Museum of Art
Causes Tremor.
BERLIN. Deo. ll-The election of 2.
ri.rtu.nr Mnmn tu. nresident of the
! board of trustees of the Metropolitan Mu-
I ...... . 1- , m,.m.A
seum or Art at inw ion n
Blegfrled Llllenthal, one of the best known
art critics In Berlin, to see In this In
creased danger of the United States strip
ping Europe of Its art treasures and he
has begun an agitation for International
action to prevent art objects going to th
United. States. Herr Llllenthal has ob
tained7 the written view of Prof. Corrado
Ricol. director of the art gallertc at Flor
ence; Prof. Rio Jorls, director of the Acad
emy of San Luca at Rome; Privy Coun
cilor Wllhelm Bode, director of th Royal
Gallery of Paintings at Berlin; Henry
Maret, the art publicist of Paris; George
B. Cain, director of the Carnavalet mu
seum at Paris; Prof. Adolpho Venturl. di
rector of the National gallery at Rome;
and Prof. Jose Benlliure, director of the
Spanish Academy of Fine Arts at Rome.
With th exception of Herr Bode they all
are In favor of laws to prohibit the taking
of works of art from Europe to America.
PRIZE FOR AMERICA STIDKJIT
Jotaa Wolf of Dnbntiue Wins First
Honors at Rome.
ROM.B. Dtec. ia The distribution of
prises among the students In all the
ecclesiastical colleges connected with the
propoganda took place today, the whole
staff of the propaganda presiding. There
were also present the Right Rev. W. H.
tO'Connell, BlBhop of Portland, Me., and
the Right Rev. Charles H. Colton, Bishop
of Buffalo. N. Y.
Mgr. Kenedy waa the recipent of compli
ments on all sides, because the American
college, of which he is rector, had sur
passed all previous records in the number
of distinctions awarded Its student, who
received thirty-two medals while seventy,
five ranked next in distinction. In moral
theology, John Wolf of Dubuque, Ia., waa
the only recipent of a first modal.
BASILICA IS IN BAD SHAPE
St. Mark May Fall If Step Are Not
Taken to Strengthen Building;.
VENICE, Italy, Dec. 12. Engineers Man
fredl and Marangont, who have been en
trusted with the care of the basilica of
Bt. Mark' since the fall of the campanile,
have presented their official report. It set
forth that th condition of the basilica is
most alarming. The whole building shows
weakness. The foundations are bending
and cracking, the walls are sinking and
the ceiling of two of th vaults threaten
to give way. If they fall It may cause
most of the basilica to give way. The en
gineer recommend the immediate erection
of scaffolding and propose a thorough
restoration of the whole building, includ
ing reparation of the foundation.
AMERICANS AT THH VATICAN
Bishop McDonnell 1 Received and
and Present Peter's Penoe.
ROME, Deo. 12. The American pilgrimage
led by Rt Rev. Charles E. McDonnell,
bishop of Brooklyn, N. Y., was received this
morning by the pope In the : Clementine
hall of th Vatican. ' '
Bishop McDonnell presented the pontiff
with 16.000, the Pater' pence offering of
tho Brooklyn diocese, and Monsignor John
I. Barrett, the bishop' secretary, pre
sented th pope with 12,000 as the offering
of th priests of the same diocese. Th
pope thanked them warmly, saying he was
moat grateful to th pilgrims for coming to
Rom from such a great distance, and
biassed all of them and their families, giv
ing the priests present permission to extend
th papal benediction to their flocks.
CLADO WANTS COURT-MARTIAL
Rnsslan Captain Says Arrest Has
Placed a Stain On HI Honor.
BT. PETERSBURG, Dee. 12. Captain
CI ado, who wa arrested December 9 for
criticising the high admiral, Grand Duke
Alexia, and the admiralty, demands a trial
by court-martial, declaring that hla arrest
on the ground of distorted fact 1 a stain
on his honor.
CRON8TADT, Deo. 11 Lieutenant Dellv
rlon, who participated In Captain Clado's
newspaper campaign against the admiralty
officials, is under arrest.
American Bnlldlngr In Rnaala.
ST. PETERSBURG, Deo. 11 A building
erected by an American sewing machine
company, the handsomest structure in Rus.
slu, eleven stories high and built of gran
ite, waa opened today. It la th first build
ing in the empire in which th American
steel construction system haa been used.
EXPECT BIG STOCK EXHIBIT
Flae Live Stork Promise to Fill
Lowls and Clark Display
Groaada.
PORTLAND, Ore., Dec, 11 Th portion
of the Lewis and Clark fair ground which
waa allotted to the exhibition of live stock,
It Is thought, will prove inadequate to th
demand, and arrangements are being mad
to enlarg It Anything further than an
exhibition of the high bred stock from
farma on the North Pacino coast was not
contemplated by th state commission In
the first place. Bine the convention of
the International Live Stock association
at Chicago, however. It hss developed that
the breeders from all ' over the country
ar planning to send th best of their
herds to Portland next year. This
prompted the exposition authorttels to In
crease the apportionment for premiums
from J40.000 to 166.000 and to consider the
advisability of increasing the space to be
devoted to the display.
DONAHUE OBJECTS TO DELAY
Attorney for Chief Asks Board to
Hear th Charges Kext
Monday.
No meeting of the fire and police board
was held last night because of the abaenc
bf Commissioner Spratlen from the city i
and th illness of CommiSRloner Miller's
wife, who is in a hospital. Inasmuch
a th members make it a rule not to meet
a a license board without a full attend
ance, th others did not convene.
Attorney W. J. Connell said last night
that ha would file a demand with the boarl
to have the chargea against Oil of Police
Donahue heard next Monday night, as
both ha and his client are growing im
patient of the delay.
Some controversy has been incurred by
the lnstrurtiLrr given by the Civic Federa
tion counsel to have the cross-examination
In the desposUlon of Iowa convict
omitted. Mr. Council lust night tel'graphed
positive orders to have this part of the
testimony Included, aa it 1 considered
Important from th chief standpoint.
STOCK PRICES CO TO SMASH
New York Market Opens Monday Moraiif
with Downward Tendency.
SENTIMENT AFFECTED BY ADVERTISEMENT
Reg-alar Trader Are Not Willie to
Admit that Any One Parson,
However, I Responsi
ble for Slump.
NEW TORK, Dec. 11 Beginning with
heavy declines in Amalgamated Copper to
day' stock market was weak throughout
th entire selling-, th occasional rallies
failing to hold prices for more than a
few minutes at a time. Although values
crumbled away rapidly there was little
excitement In the street. Broker seemed
to have nothing but selling orders, they
aaid. and they did not look far beyond
th recant recklea speculation and the
campaign by newspaper advertisement
against a copper stock to find reasons for
th drop In price. .
Money was easy and loan were made
freely, but collateral was acru United very
carefully. Th market closed weak, with
price generally at the lowest. More than
2,000,000 shares of stocks changed hands
during the day.
Th selling waa continued nearly all th
forenoon, with only a temporary reaction.
and about noon the market ahowed fur
ther weakness. An Impreasiv feature of
the forenoon waa the heavy celling by
London houses. The sales of London houses
waa the largest In the steel stocks. There
was evidently a good supply of stop-loss
order on hand, but th short did not fare
much worse than some others.
The violence ot the opening declines waa
ao great and so pronounced that many
brokers and traders on the floor were over
whelmed with surprise, and for a little
while were quite nonplussed. Any market
support that may have existed was without
the slightest effect
One of the most sensational breaks wa
In Greene Consolidated Copper on the curb.
It had been selling around 24 early In the
day and had declined only nominally. In
the afternoon the stock broke nearly tea
points to 22, It later rose to 24V4 and closed
at 23. Ten points In Greene Copper is the
full par value of 110.
Opening; Break Caue I'neustness.
The opening break created considerable
uneasiness, though nothing like last
Thursday demoralization followed. Never
theless the feeling was one of vague
alarm. Traders seemed of the opinion that
last week' liquidation had not exhausted
itself and It was clear that a great num
ber of accounts were being closed. Lon
don waa reported to have sold 40,u00 shares,
including a great deal of Bteel, common
and preferred. Wire houses also sold and
representatives of prominent local broker
age ilrma were openly bearish. Brokers
operating for Boaton were said to have
old Copper and other stocks extensively.
There were some vigorous effort made
to support ths market, but by 11 o'clock
there was another bad break. Amalga
mated slumped " from Saturday's close.
Sugar fell 6, Tennessee Coal and Brooklyn
Transit a, Colorado Fuel 4. St. Paul 44.
United States Steel preferred 4, Reading
3H. Union Pacific J, United State Steel
2, Southern Pad lie and Baltimore 4k
Ohio 2H. Leather preferred 2, and Erie,
the first preferred, Missouri Pacific, Louis
ville Sl Nashville, Rock Island, Leather
and New York Central 2 to 2.
The extreme weakness of the market
came as a general surprise to all observ
era of th financial district. The vig
orous rally of th latter part of laat week
encouraged the idea that the demoraliza
tion waa over for, the preaent, and the ef
fective advance In London this morning
furthered this view. It was not expected
that there would be any further great rise
In price and It was even anticipated that
there might be a dull sagging movement,
according to the usual precedent in such
cases. There waa no news to account for
the renewed fright, but the movement of
prices wa convincing evidence of the
timidity felt by .security holders. Th re
newal of sensational proclamation through
advertising medluma from the earn source
that preceded the successful raid of laat
week had a notable effect on sentiment
The selling was general from all source.
Money 1 Easier.
The offerings of money at 3 per cent on
call ahowed that no stringency In that de
partment waa responsible for the liquidation-
An enormous amount of selling orders
cam Into the market at the opening, a.d
later, when it waa seen that the light list
was without support, the sellina orders In
creased from every quarter. On of the
best known commission houses reported
sales of 126,000 shares of the activ iasues
in th first half hour. The weatern
house, those with Pittsburg, Cleveland and
Chicago connections, were among the larg
est sellers of Bteel. For obvious reasons
a great deal of the unloading in Amalga
mated Copper cam from New England.
Many broker professed surprise at the ex
tent of today' break. They were loath to
believe that any Individual manipulator
could be responsible for ths decline. The
absence of support In most of ths high
class stocks in the first hour wa largely
responsible for th sharp declines. Never
theless, there was quiet buying on a small
scale. This was particularly true of Nor
folk A Western, St Paul, Pennsylvania,
Baltimore A Ohio and the Pacific. Call
money opened at S to Z, per cent It was
offered freely before noon at I per cent.
Thcr was a lively bound In prices of
stocks after th liquidation had spent its
first force. A score of stocks recovered
from 1 to 1, points from the lowest. Sugar's
rally was l; United State Steel pre
ferred, SH, and Brooklyn Transit, Colorado
Fuel, Tennessee Coal, Amalgamated Cop
per, Norfolk A Weatern and Reading, from
1 to over I points. The buying demand
showed no Inclination to follow prices to
the higher level and the market wa com
paratively quiet by noon, but the tone con
tinued feverish.
Bentlment changed to th extent that
broker advised their clients to buy stan
dard stocks. The situation wa reversed
in so far that early sailer were latex buy
er. Business, which in th first hour
sustained tremendous proportions, with the
tape from Ave to ten minutes behind the
market, fell off about midday.
Second Break Oecnrs.
Another break, leaa abrupt and extensive
than that at the opening, set In shortly
after noon. The entire list waa affected,
but chiefly Amalgamated Copper, which
wa lower than at any previous time of the
day. The steel stocks also were very
ijeavy. Reports from ths floor suggested
the theory that the selling cam from In
terest other than those which caused the
early decline. During th noon hour the
market ahowed brief period of extreme
dullness, but activity was soon resumed,
(CoaUnued oa Third FmO
DR. CARTER DEFENDS HIMSELF
Presbyterian Minister Makes n strong
Attack oa Westminster Con
fession of Faith.
NEW YORK, Dec", li Rev. Dr. Samuel
T. Carter, one of the three Presbyterian
clergymen who started the movement
which led t the revision of the ITesby
terlan creed in America, was upheld by
the Nassau County presbytery today In a
meeting at Jamaica, Long Island, at which
he had appeared In defense of a letter he
wrote the Westminster confewlon. In which
he declared that "scholastic theology is
wrong from its base upward."
Last September Dr. Carter addressed a
letter to the presbytery vf Nanmu, of
which he is the oldest member, renouncing
certain long established teachings of Pres
byterlanlsm. Including the "fall of man."
At the next meeting ef the presbytery of
Nassau a committee vaa appointed to nsk
Rev. Dr. Carter if he did not know of some
way to avoid a trial for hereny. The minis
ter insisted upon pleading his cause with
the presbytery personally.
In doing so todny Dr. Carter said:
The great objection to the confession Is
not this statement In it. or that, but It Is
the whole tone and style of the confes
sion. To put the mstter in a word. It Is the
god of the Westminster confession that Is
wrong. One pres-hytrry unfortunately sug
gested that the love of God should he put
In a foot note to the confession. It Is bet
ter to have the love of God In a foot note
than not have It at all.
Every minister end elder upon entering
his office must still arceipt the Westminster
confession as being the system of doctrine
taught In the Scriptures, and every scoffer
rnn still enst up this system against the
Presbyterian church. I am convinced there
can be no rest nor peace till this system Is
ss futlv almndoned by the church as It Is
by the'brief statement. If Calvin were liv
ing today he would be chairman of the re
vision committee. ,
Dr. Carter closed by saying:
Do not condemn nv: do not cast me out
of your mlnlstrv: welcome me nirnln to iv
place In the presbytery with the beautlf'il
understanding that there shall be greater
theological freedom In the Presbvterlan
church than ha been allowed heretofore. '
A resolution was adopted laying the let
ter of Dr. Carter -oii the table. "In favor or
th renewed Presbyterian emphasis of the
brief statement as he present vltnl creed
of the Presbyterian 4-hurch, and this pres
bytery request our brother to continue his
honored connection with the Presbyterian
communion."
ZION CITY PAYS ALL DEBTS
Dr. John Alexander Dowle Makes
Good All His Promise to
HI Creditors.
CHICAGO, Dec. 12 ZIon City haa paid
the final Installment on the big debt, which
a year ago Involved It In sensational bank
ruptcy proceedings and threatened to
wreck the gigantic enterprise established
by John Alexander ' Dowle.- Checks were
sent out today by Deacon C. J. Barnard
head of the financial department of ZIon,
In payment of the final 40 per cent, approx
Imately 1140,000. of the original Indebted
ness of more than $400,000.
The payment bring to a conclusion one
of th most remarkable case of application
for bankruptcy in the annals of the coun
try. One year ago a number of credltora
of ZIon City petitioned Judge Kohlsaat
for the appointment of receiver for the
ZIon Institution. At thia.mpment affairs
had an exceedlngly.'hCBmy outlook. Mrs.
Dowle was in Europe, and reports had It
that she had carried away with her vast
sums of money.
John Alexander Dowle was preparing for
departure January 1 for Australia and the
continent. The creditors numbered 1,100
and the aggregate amount ot their claims
footed up 1435,000.
Judge Konlsaat appointed receivers and
they took charge of ZIon. Dowle protested
that he could pay the debt In a year If
the receivers were removed.
Then came the appointment of a com
mlttee of the creditors. They heard the
argument of the head of ZIon and came
to the conclusion that ho was better
fitted to conduct the affair of ZIon than
any other person. It was arranged that
he wa to pay 10 per cent In three months.
25 per cent In six months, another 25 per
cent In nine months and the balance of
40 per cent In a year. The receiver was
discharged. Dowle has kept his agreement
to the letter and paid 100 cents on the
dollar of every claim involved.
DINNER FOR PRINCE FUSHIWA
Brother of the Mikado Gnest of the
American Asiatic Association
at New York.
NEW YORK, Dec. 12. The American
Asiatic assiclatlon gave Its annual dinner
at DHmpnicoss ttonlht w lh Prince
Fushlml of the imperial house of Japan
as the principal guest.
In the decorations the colors of Japan
were entwined with those of the United
States and gTeat quantities of chrysanthe
mums were used. Assistant Secretury ol
State Francis B. Loomls responded to the
toast: "The President of the United
States.'
After a tost hud been drank to the
mikado, Prince Fushimi replied to the
welcome extended by President S. D. Webb
of the association.
The other speakers and their subjects
were: I
"The United States and Japan, the
Guardian of the Portal, Defender of the
Oxen Door,'" General Stewart L. Wood,
ward; "America's Debt to Asia," Prof.
J. W. eJnks of Cornell University, and
"The Army," General F. D. Grant, U. S. A.
DYNAMITE USED ON FOUNDRY
For Fifth Time la Two . Months
Damage la Done to New
port Concern.
CINCINNATI. Dee. 12.-For the fifth time
within two months the Newport Iron Foun
dry and Machine company's building, New
port, Ky., waa dynamited lnte lust night.
No lives were lost and the workmen in the
place all escaped Injury. Two men wero
aeen running east on Twelfth street Im
mediately after the exposition, but they
eluded their pursuers.
A great hole was torn In the roof of the
coal room where the bomb alighted, and
th walla of the pattern room are ao twisted
and bulged that it la feared they will col
lapse. Members of the company declare
it la the work of strikers.
AMES JURY, AGAIN . DISAGREE
For Fifth Time Former Mayor of Min
neapolis Escapes CoBvletloa
Thronan Mistrial,
MINNEAPOLIS. Dec. 11-The Jury In the
caae of former Mayor Ames, who is on
trial for the rlflh time, charged with
Illegally receiving money from women, ro
portej today that they could not agree.
The court aent back word that there was
no word for them, which nr.eant that thty
were to remain out th rest cf the day at
least In an ffort to rsach an agreement
LAND OFFICE MAY BE MOVED
Canditiana at McCook Sot satisfactory to
the Administration.
CHANGE IN CONTROL OF FOREST RESERVE
Millard F. lngletoa of Omaha an As.
pllcnnt for Position of Register
of Deeds of District of
Col arable.
WASHINGTON, D. C, Dec. 12.-(Speclal
TtJegram.) There Is a p rsistent rumor
that the land office at McCook, Neb., w.U
be suspended. This action on the part of
the Interior department grow out of dis
satisfaction with the maimer in which the
office has been conducted. While a tem
porary suspension may rtsult, it is believed
that the faults found with the workings
of the McCook office will turn out all r.giu.
It may mean the transfer of the offlci.rs
or It may nieun new officers, but it is not
nxj-ected that the McCook land office will
bo wholly wiped ont in view of tne lact
that tho government Siill has remaining In
the section controlled by McCook oihce
large tracts still open for settlement
Transfer of Forest Hrserve.
Congressman Mondoil s bill transferring
the forest reserves lrom the department o.
th Interior to the department ot agricul
ture passed the houso today. This bill h.is
the active support of President Roosevelt
aud the endorsement of both the aecretaiy
of the interior and the secretary of agri
culture. The bill simply places the force of
forest reserves under the agricultural de
partment where It is contended it ilghtfull'
belongs. The commissioner of the general
land office, ex-Covernor Richards of
Wyoming, has been extremely anxious to
bring about the change contemplated In
the bill. The forest reserve division will
then be under control of Forester
Gifford Plnchot, where better administra
tion la assured. About CO people are
affected by the transfer, including clerks
In this city, field officers on forest re
serves, rangers, supervisor and superin
tendents. I
Aid for Mrs, Hawthorne.
D. McLeod. pastor of the Frist Presby
terian church In this city, has, cn tele
graphic authority, sent Mrs. Hawthorne,
mother-in-law of Mr Ronnard. president of
the State Bank of Bloomfleld. Neb., to
her homo at that place. It will be recalled
that Mrs. Hawthorne, while en route to
Washington, waa robbed of a sum of
money, and being destitute was taken in
charge by the women of Dr. McLeod's
church.
. ftna-leton Fllea Endorsements.
Senator Millurd today transmitted to the
president petitions signed by leading citi
zens of Omaha favoring the appointment of
Millard F. Singleton to the position of
recorder of deeda of this city, the term of
the present Incumbent expiring on January
8. Indorsements have been received by
President Roosevelt in behalf of Mr. Sin
gleton, who la a well known colored citizen
of Omaha, from Congressman-Elect John
L. Konnedy, General C. F. Manderson,
C. J. Greene, Rev. John A. William,
John L. Webster and E. Roeewater.
Nebraska Boy Promoted.
Th nomination of Clarenc C. Culver,
socond lieutenant In the Fifteenth cavalry,
t be first lieutenant, has been sent' to the
senate for confirmation. Lieutenant Culver
Is a son of Jacob H. Culver, adjutant
general of the Nebraska National Guard.
Cigarette Law In Conrt.
The cases of C. H. Cook and others
against the county of Marshall, and Robert
E. Hodge against Muscatine county, Iowa,
were argued In the supreme court today,
these cases growing out of the cigarette
mulct law, as It is familiarly known to
the Iowa courts. The party dealing in
cigarettes is liable personally for that tax
and the owner of the real estate, upon
which the tax becomes a iven, are plaintiffs
In error. The tax on whlcn tne piainnns
in error sought remission Is that of S3C0
a year, levied In accordance with the stat
ute of Iowa. It ia an original package
contention and involves the right of a
common carrier to transmit original pack
ages to purchasers without being held
in damages for violation of state laws.
Bluffs Man Protests.
Representative Mondell has struck a snag
in the consideration of his bill providing
for the opening of certain portions of the
Wind River Indian reservation. This bill
haa received favorable reporta at both ends
of the capltol building, that ia to say, the
house and senate. Now comes Mr. Bolsen
of Council Bluffs and hie attorney, John N.
Baldwin, to secure a hearing before the
committees of congress before further ac
tion is taken on the Mondell bill. It Is not
clearly understood, apparently, by Repre
sentative Mondell Just what Bolsen and hl
attorney desire, but It is believed that they
have some old concession regarding alleged
coal lands sui.oeed to be within the ter
ritory It is denired to open to agricultural
settlement, upon which they desiro to be
heurd.
The committee of the house, to whom the
request was addressed, will grunt the gen
tlemen from Council Bluffs a full hearing
at any time they may desire.
North Carolina Get More Time.
The supreme court toduy in the caae of
the State of South Dakota against the
State of North Carolina sustained a motion
to modify the decree of the court giving
North Carolina until April 1, 1906, to puy
the value ot the bonds owned by South
Dukota. Originally the court ordered the
value of the bonds paid early In January,
falling in which the United States marshal
was directed to sell property of the state
of North Carolina at public outcry from
the east front of the capltol. Someone go
ing through the laws of the United States
discovered that it was Illegal to sell at
public outcry anything of value In the cap
ltol reservation, and this, as much as any.
thing, Induced the supreme court to modify
its decree and grant an extension of time
prayed for by North Carolina. It was also
noticed by the court that the legislature ol
North Carolina would not meet until Jan
uary, and aa thia money due South Dakota
will have to be appropriated out of money!
In the treaaury of that state It waa thought
but simple Justice that the extension should
be made.
Setters Wist Msra Land.
Congressman Martin of South Dakota ha
received many petitions from citizens re
siding in tho western part of that atate, In
all probability aggregating 3,000 signatures,
favoring Mr. Martin' section homeatead
bill, which Is modeled along the lines of
the Klnkald bill, now In force in Nebraska.
Indians After Their Money.
Senator Gamble had a conference today
Ith Secretary Hitchcock regarding the
settlement of the account with Sioux In
dians growing out of the tale of the great
Sioux reservation. The sale been me opera
tive February 10, 1S90. and ten yeara from
that time, or In February, Jimo. the gov
ernment was to take the lands remaining
unsold and psy the Indian 60 cents an acre
for the same. Approximately about liOoo,-
(Continued on Third Peg.)
NEBRASKA WEATHER FORECAST
Fair and Warmer Tneariayi Wednes
day Fair.
Dee. Hoar. D-sr.
.! In. 1.1
l 18 r. m 1
. h p. to in
T 4 r. m 10
N A p, m ...... i si
. p. m ...... 1 l
IO T p. m in
.12 N p. m 14
l p. m . . . . . . 1.1
It . ra
a. m
T a. m
K a. ra , . . , ,
T a. m
IO a. m
It a. at
12 m
HUMAN SKELETON IN COURT
Proserntlon Attempts to Demonstrate
that Caesar loans; Did ol
Kill Himself.
NEW TORK, Dec. lV A headless human
skeleton, dorsal vertebrae and ribs pluyed
an important part In the trial of Nan Pat
terson for the murder of Caesar Youn
todny. The gruesome exhibits were nmde
usw of In the examination of Dr. Philip
O'Hnnlon, the coroner's physician, who per
formed the autopsy upon Young's body.
Miss Patterson's counsel protested nt the
use of the skeleton, asserting that It dirt
not compare correctly with the structure
of the dead man's body, but his objections
were overruled. Tho skeleton was used to
decide the course rf the bullet after It en
tered Young's body. The prosecution con
tended that It had gnne straight to the
spine, which tho state's lawyers believed
proved that Young did not kill hlmaelf.
Assuming that Young with the pistol In
his right hand had crossed It over his
chest and shot Into Ids left side, the prose
cution contended that the bullet would have
traveled to the left. The fHct that It flew
sraight Inward to the spine was advanced
as proving that the wound was not self-In.
fllcted. Dr. 0'II:inlnn was positive that the
bullet hnd taken a straight course to the
rlpht.
Lawyer Levy, for the defense, tried to
gain an admission that the muscular cover
ing of the ribs at the point of entrance of
the bullet may havo deflected its course,
but Dr. O'Hanlon declared that there had
been tio deflection until the bullet struck
the spine.
When Mr. I-vy asked Dr. O'Hanlon If he
had not at first declnred the case to be a
suicide, the prosecutors objected nnd tho
objection was sustained. Dr. O'Hanlon
testified that he had found powder murks
on Young's fingers. His testimony as to the
course of the bullet was corroborated by
Dr. Rlgims of the Hudson Street hospital.
William Stemm testified that the driver
of the cab lifted the trap nnd looked In
after the shot was fired.
Justice Davis said from the bench that a
gross Impropriety had been committed by a
newspaper In publishing what had pur
ported to bo the views of the wives of the
Jurors concerning the case. He cautioned
the Jurors not to discuss the testimony even
In their own families.
NEBRASKA . MAN IS KILLED
Harry Strlckler rasght Between
Bumper of Cars la
Black Hill.
LEAD, S. D Dec. K. (Special Telegram.)
Harry Stricklor, brnkeman of a1 Burling
ton freight train, while coupling th air
brake between two fiat car at Kngle
wood station, waa caught between the
bumpers and his skull crushed. He was
brought to tho hospital at Lead, but died
shortly after being admitted. He Is un
married and his parents reside at Central
City, Neb.
Death Due to Improper Nursing;.
CHEYKNNE. Wyo.. Dec. li-Members
of the State Board of Charities have gone
to Rock Springs to investigate the charge
that Philip Wolf died in the state hos
pital there In consequence of improper
nursing, the coroner's Jury having re
turned a verdict to that effect. Wolf was
shot several weeks ago by George Ahlf
In a duel. He was recovering, It is aaid,
when his wounds were washed by an In
experienced nurse vIth Insect poison In
stead of the usual solution, causing in
flammation and gangrene.
Adnddel Not Guilty.
STURGIS. S. D., Dec. 12. (Special.) In
the case of the State against Ellas Aduddel,
arrested on a charge of grand larceny and
tried In circuit court here, the Jury brought
In a verdict of not guilty. This is where
Aduddel wus accused of stealing a number
of head of horses belonging to Joseph Por
ter. The Jury disagreed In the case of the
State against Edward Green, arrested on
the charge of grand larceny.
Movlnsj to Sioux Falls.
STURGIS, S. D., Dec. 11 (Special. )
Sheriff Jesso Brown of Meade county left
tonight for Sioux Falls with throe prison
ersHudson, Herr nnd Ktllian convicted
and sentenced at the term of court which
closed here lust night. The former get
two years and ten months und the two lat
ter ten months each.
CONGRESS 0F FRATERNALS
Representatives of Nineteen Orders
in Session In Thia
City.
A congress of delegates representing nine,
teen fraternal orders working In Nebraska
convened yesterday for a two days' ses
sion at the executive chamber of the Wood
men of tho World building. Tliero were
present at the meeting yesterduy two dele
gates from oach order, besides the officers
of the congress, making In all sixty persons.
Sovereign Commander J. C. Root of the
Woodmen of the World Is president of the
ccngress: H. M. Warlnar. vie
representing the Ancient Order of United
Workmen; W. E. Sharp of Lincoln, repre
senting the Royal Highlanders, la secretary.
The "uniform bill" recommended at the
last session or the national fraternal con
gress nnd which would regulate all fra
ternal orders should It become a law,' was
referred to a committee for consideration.
At the conclusion of the vnrv r tu ..
gress this evening Soverelirn Commander
Root, chairman of the national fraternal
congress committee on legislation, and A.
H. Burnett, a memler of the law commit
tee of the same organization win luu.
Chicago to attend meetings of the two com.
mlttees, which will convene at the Great
Mortnern notel Wednesday evening.
Prepsrlns; for Holler ktatlng,
Workmen will begin to plane the Audi
torium floor this morning I" prepare it for
the HfUhon of roller skating that will be
InauKuriited in a week or ten days. After
the planing process sandpaper will be up
piled. Manager Glllan'hHS ordered a large
cons'giimerit of roller skates of late pat
tern and some fine sport Is said to be In
store f"r thos who enjoy nn hour on rol
lers. There will be a band In attendance.
Novelties snd features probably will bw in
troduced from time to time, as Manager
(illlan ssys he Is anxious to make the ven
ture a success Roller skating Is becoming
popular again In many of the eastern cities.
Years nsu it wa much In vogue bar at
tue I.OU1K9UUS
SHELLING THE TOWN
Japanese Tern Thair Guru on tha City of
Port Arthur.
ARSENAL IS REPORTED TO BE BURNING
lues Are Also Eagine in Other Fortiona of
the Doomed City. 1
TELEGRAPH STATION IS DAMAGED
Bombardment of Goldsn Hill and tha Instf
Fortreta Continuea,
WARSHIPS ARE SAID TO BE DISABLED
Toklo Hears Nnl Will Devote HI
Time to lledaetloa af Land
. Defenses of Russian
Stronuhold.
TOKIO. Dec. 12.-4 p. m.)-The com
mander of the Japanese naval Innd battery,
reporting today, say:
Four Russian battleships, two crwlsera.
one gunboat and one torpedo storvahip
lyiiiR in Poll Arthur harbor are completely
disabled. There Is no further necosxlly for
bombarding the Ku.slnn naval force.
Are now engnaed shelling the town of
Port Arthur, which I being heavily dan
aged." Dispatches received today from th
Japanese army besieging Tort Arthur re
port that the Interior of the fortre was
bombarded with heavy guna yesterday,
seriously dnniagir.g the battleship Poltava,
the transport Amur and the wireless tele
graph station at the foot of Golden hill, and
that the arsenal waa set on fire.
A dispatch from the headquarters ot th
Japanese army In Manchuria says;
At 2 In the morning of the 11th a body
of Infantry of the enemy attacked Peltai
tozu, but at dawn was completely repulsed
northward.
In the afternoon of December 11 th
enemy's artillery, holding a portion west of
Manpao mountain, opened a cannonade
ng.tlnst Yaotuu and Tungchtapaotsu, and
the enemy's artillery, posted west of Da
mountain. shelled Butsaowa, Neither
caused damage. Mamavbclh, on the right
bank of the Hun river, was attacked by
the enemy'a cavalry. The Russlana were
driven westwurd. losing a number of men.
The Japanesee sustained no casualties.
Arsenal nt Port Arthur on Fire.
WASHINGTON, Dec. 12 Th Japanese
legation haa received the following tele
gram from Toklo:
The Port Arthur army r ports that Its
bombardment hns Inflicted considerable
damage upon Golden hill and also set the
ajsenall at Port Arthur on lire.
. Japanese Attack Repulsed.
MUKDEN, Dec. 12. On Friday night th
Japanese several times attacked tha
trenches of the Russian right, but they
were repulsed.
Movement of Russian Ship.
SUDA BAY, Island of Crete, Dec. 12. Th
Russian cruisers Oleg and Dnieper and th
torpedo boat destroyer Gronzy arrived her
during the night.
CAPE TOWN, Cape Colony, Dec. lt-The
Russian hospital ship Orel arrived her to
day to take in eupplloa. Two large Russian .
warships rssed ('ape Point this morning,
Damaare Telegraph Station.
LONDON, Dec. 12. -A dlspateh to tha
Japanese legation from Toklo today says
the bombardment of Port Arthur Sunday
considerably damaged tha wireless tele
graph station at the foot of Golden hill
and set fire to the arsenal.
Russians I's ArtlllarT,
GENERAL OKU'S HEADQUARTERS,
via Fusan, Sunday, Dec. 11 (Delayed in
Transmission.) The Russian along th
front 'of General Oku's army ar continu
ing artillery Are day and night. The Japa
nese are not replying. A Russian move
southward Is not anticipated immediately.
The Rurslan plan for a winter campaign
has not developed.
Last night the thermometer reached T
degrees below zero, which Is unusually
cold for December.
The Japanese preparations for tha winter
are practically completed.
COURT DENIES A REHEARING
St. Louis Men Convicted of Naturalisa
tion Frauds May Now
Appeal.
ST. LOUIS, Dec. 12. The refusal today
of the United States circuit court of ap
peals before whom arguments in the case
were made at St. Paul, to grant a new
hearing to Thomaa E. Barrett, John P.
Dolan and Frank E. Gurfelt, conviclted In
the United States district court of St
Louis of naturalization frauds, is mad
public here. It la expecte that the de
fendants will carry the case to the Unitad
Statt supreme court by habeas corpui pro
ceudinga or a writ ot certeroraii.
Dolan and Garrett ' were convicted No
vember 1, 1903, und Barrett was convicted
December 6 following. Each waa sentenced
to pay a line of $1,000 and to imprisonment
in the Mlsaourl penitentiary for five years.
The petition for a rehearing alleged er
rors In the trial. The ' decision of th
court of appeals sustains the district court.
Barrett was formerly marshal of th Bt.
Louis court of appeals, Dolan waa formerly
chairman of the y democratic city central
commltee and Garrett wa a patrolman.
The evidence was to the effect that bogus
naturalization paper, secured through
Barrett, were sent by Dolan with Garrett
us Intermediary to John Barbaglla for dis
tribution among foreign residents of Ot
Louis. '
ASKS RECEIVER FOR RAILROAD
Btnte of Indiana Mae the Vsndalls
for Three Million
Dollars.
INDIANAPOLIS, Dec. If. In connectloa
with the reopening of the suit for $3,000,0x
brought by t l.e state through former At
torney General Ketcham against the Van
dalla railroad Mr. Ketcham filed an appli
cation for a receiver for the road and asked
for an Injunction to prohibit the proposed
merger of the Terra Haute Indianapolis,
St. Louis, Vundalla & Terre Haute, In
dianapolis & Vlncennes, Logansport Sl To
ledo, and Terre Haute A Logansport rail
road companies, all of which are at preaent
controlled by the Pennsylvania system. Mr.
Ketcham in his suit claimed tho Terr
Haute & Indianapolis and the Bt. Louis,
Vandalla & Terre Haute railroad com
panies were alone aolvent of the five com
panies propoaed to he merged, and the ef
fect of the proposed merger would be to
make the merged line Insolvent. He asked
that the meeting of the stockholder of th
Vaudoliu. which Is to be held at Terre
Huute Wednesday, be enjoined from com
pleting the formalities necessury to com
plete the merger. Judge Carter today de
cided that the hearing will not be held be
fore Wednesday und therefore the merger
will not he interfered with. The hearing of
th application for a receiver wlU aoiaa up
some Urn af Ur Wednesday.