Omaha daily bee. (Omaha [Neb.]) 187?-1922, June 10, 1905, Part Two, Page 11, Image 11

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    f
J
TIIE OMAIIA DAILY BEE: RATUKDAY, JUNE 10, 1903.
11
; KRAUSES ARE FOUND GUILTY
V-
.1 T. "Bl n i.i o
Znnlnainep PnWln T.tiiV
ONE BROTHER GUILTY OF INTIMIDATING
r
I
V
Jade Manner Gives Attorney Kole
for Defendants Tea Day
to Prepare Motion for
New Trial.
John Krause and Herman Krause riave
been found guilty Jointly of maintaining
and enclosing certain public lands, appro
priating 4,6X) acres In Sheridan county,
Nebraska, also of asserting an exclusive
right to the use of such public lands and
of preventing the free public access to and
across such public lands.
John Krause Is found additionally guilty
of Intimidating Theodore Osborn. Edward
Whetstone and other settlers from entering
and from free transit to and across certain
publlo lands by threats and other intimi
dating means, In the vicinity of the Osborn
homestead on section 85, township 26, range
40, on what is known as the Krause broth
ers' south or summer range. No conviction
of Intimidation was found against Herman
Krause.
The trial of which this verdict la the re.
suit has been on in the United States dis
trict court for the eight days last past and
Is the first trial and conviction of cases of
this character yet held In the United 8tates
district court for the district of Nebraska.
The case was principally prosecuted by Spe
cial District Attorney 9. It. Rush under the
direction of District Attorney Baxter. The
attorneys for the Krauses were L. C. Nole
man and C. C. Barker of Alliance, Neb.
Esaentlnl Points of Kvldence.
The essential points of evidence were
worked out by Special Agcn DeFrees of
the United States land department, assisted
very materially by Mrs. Bessie Osborn, a
homesteader, wife of Theodore Osborn, liv
ing within the Krause brothers' enclosure.
The case was given to the Jury Thursday
noon and a sealed verdict was returned at
10:30 p. m. Thursday night and was read
in open court at 9 o'clock Friday morning.
Tho conviction of the accused Is on seven
of the fourteen counts of the consolidated
indictments. The first indictment was
found by the federal grand Jury In No
vember, 1903, this Indictment comprising
four counts. Tho first count was of a
technical character and was nolled. The
second count was of a not particularly es
sential character and a verdict of not
guilty was given on both th second and
fourth counts, which latter was of a gen
eral technical character alBo. A verdict of
guilty was, however, returned against both
defendants on the third count of the first
Indictment, which charges "maintaining
and enclosing by certain fences publlo
lands and thereby preventing free passage
to the publlo to and over them."
The accused are found Jointly guilty on
the third and eighth counts of the second
indictment, which was returned during the
May term, 1905, of the federal grand Jury.
These two counts charge "maintaining an
enclosure and obstructing a free passage
to certain public lands," not described In
the first Indictment.
Detail of the Verdict.
John Krause Is found Individually guilty
In addition to the third and eighth counts
of the second Indictment, of the fifth and
seventh counts of the same Indictment.
Both defendants were found guilty of the
first and third counts of the third Indict
ment, which was returned In May, 1906, and
refer to lunds not described In the first and
second indictments. ,
These two counts charge. In the first, of
"maintaining and enclosure around about
4,500 acres of public lands," and, in the
second count, of "assorting an exclusive
right to the use of such public lands."
Attorney Nolcman, upon the announce
ment of the verdict, gave notice that he
would file a motion for a rehearing of the
case and asked that he be furnished a
complete transcript In the case.
Judge Munger gave Mr. Noleman ten days
to prepare his motion.
The penalty fixed by the United States
statutes In such cases Is a maximum fine
of 11,000 and imprisonment for one year for
each offense.
BAXTER TALKS OF THE OUTCOME
Says
Effect Will Da to Compel
Obedience to Ijw.
United States District Attorney Baxter
said Friday morning in reference to the
verdict against the Krause brothers:
"The effect will be far reaching and is an
evidence that the Department of Justice
intends prosecuting all of these cases to the
end. Special Agent DcFrees, with Special
Agents Chambers of Iowa and Nixon of
Kansas will start out at once into the cattle
country to hunt up additional evidence of
Illegal fencing. I do not know Just which
case we shall tuke up next. We had ar
ranged for the Bartlett Richards case, but
as you know, a continuance was granted
In that case until the November term of
court. In the meanwhile additional sur
veys will have to be made to fortify the
indictments already presented in order that
we can bo made sure of our premises. It
Is the Intention of the department to go
Into every section and district where Illegal
fences are reported to exist and we will
begin civil stilts against all offenders at the
next term of court. Wherever It can be
shown that any acts of Intimidation have
been practiced toward thu homesteaders by
the cattlemen by denying them access to
I-ubllo lands or to restrlrt their lights In
any manner we shall institute crlmtnnl pro
ceedings against the offenders and will
prosecute them most vigorously. We shall
get after the Illegal fencers, big and little.
We expect to get our surveys completed In
the present cases now under indictment by
the first week in July. Tho present term
of court will continue until the middle of
July.
"The effect of the conviction In the
Krause brothers case will be to compel the
cattlemen to comply with the law in refer
ence to taking down their unlawful fences.
Any one of them who shows a willingness
to take down their fences will be given a
reasonable time to do it, but the govern
ment will not permit any dallying. In
brief, the Illegal fences have got to come
down."
i
Now Is the Time Arrause for sum
mer Vacations.
Very low rates will be In effect to the
east June 29-30-July 1-3 via the Pennsylvania
Lines. For rates and further information
address Thos. II. Thorp, T. P. A., 26 U. S.
Bank BJdg., Omaha.
Summer coat and pants to order, IU
McCarthy Tailoring Co., t04 S. 16th St.
NEW JURY NEXT MONDAY
Last Three Weeks of Conrt Before the
Summer Arijoarnment Promise
to He Dosy Ones.
The new petit Jury will report to Judge
Day on Monday. This will be the last Jury
called before the adjournment of court for
the summer vacation, and those cases
which are not brought to trial during the
next three weeks will perforce go over to
the October term.
During the last three weeks muchtlmo
has been wasted through the failure of
attorneys to get together to try their
cases, or because they were too busy to
do so. As a consequence very few cases
have been disposed of and the court dockets
of the four law Judges are loaded down
with untried cases. It Is expected that, as
usual, there will be a rush to get to trial
during the next three weeks and the dis
trict court rooms in the county building
promise to be busy places. The equity
dockets are pretty well cleared up so far
as urgent cases are concerned.
No place In Omaha for goods so cheap
as Hubermann's Jewelry store, corner 13th
and Douglas. Diamonds of own import.
Improved Clilcaao and Hw York Pas
senger Service Over Pennsyl
vania Short Line.
On and after Sunday next, June 11, the
Pensylvanla Short Line will run its New
York trains from Chicago as follows:
"The New York Special" leaves 8:00 a. m.,
arrives New York 8:15 a. m. Time, 23 hours
and 15 minutes. Extra fare, 15.00.
"The Keystone Express" leaves 10:06 a. m.,
arrives New York 3:00 p. m. Time, 28 hours.
Differential fare train.
"The Manhattan Limited" leaves 11:00 a.
m., arrives New York 12 olclock noon. Time,
24 hours. Extra fare, 14.00.
"The Pennsylvania Special" leaves 2:45 p.
m., arrives New York 9:45 a. m. Time, 18
hours. Extra fare, $10.00.
"The Atlantic Express" leaves 8:15 p. m.,
arrives New York 8:15 p. m. Time, 28 hours.
No extra fare.
"The Pennsylvania Limited" leaves 6:80 p.
m., arrives New York 6:30 p. in. Time, 23
hours. Extra fare, 5.00.
For full information address Thomas II.
Thorp, T. P. A., 2C U. S. bank Bldg, Omaha.
Low Rate Excursions fu the Seashore
via New York City, with privilege of stop
over on return trip.
The LAKE SHORE & MICHIGAN
SOUTHERN R'Y will sell round trip tick
ets from Chicago to Asbury Park and re
turn June 29, 30, July 1 and 2, at rate of
823.35, good returning not later than July
10, with privilege of extension until August
31 by deposit of ticket and payment of 60
cents. Stopover may be had at New York
on the return trip.
Don't miss this opportunity for spending
your vacation at the seaside. If you are
particular as to comfort and service, we
offer something a little superior to any
other line. See that your ticket reads via
the Lake Shore the route of the "Twen
tieth Century Limited." Send for Itinerary
to L. F. Vosburgh, General Western Pas
senger Agent, Chicago, 111.
CHICAGO AMD RETrrRJI S5.0O.
Milwaukee and Return SO. SO.
On Saturday, June 17th, the Illinois Cen
tral railroad will sell tickets at above
rates, limited for return untlf June 26th.
Tickets will be honored in coaches, re
clining chair cars and tourist sleepers.
Through trains leave Omaha at 7:25 a. m.,
8:60 p. m. and 7:60 p. m.
Tickets and information at 1402 Farnam
St. W. H. BRILL,
Dlst. Pass. AgL
Specially Conducted Party in Private
Car to Lewis and Clark Exposition.
This trip gives you 200 miles along the
matchless Columbia river; Includes several
days' visit In the Exposition City, Portland,
then over the beautiful Shasta Route to
San Francisco, stopping at Shasta Springs.
From San Francisco the pleasure seeker's
city to the wonders of Yosemite, the Big
Trees, Los Angeles, with side trips to Cata
llna Islands, Pasadena, Riverside, Red
lands, Mt. Lowe and San Diego, returning
via Salt Lake and Denver, arid though you
have traveled over 6,000 miles of moun
tains, rivers, forests and sea the cost 1.1
less than one-third of what a European
vacation would cost. This is the chance
of a life time. Write to Elizabeth P.
Allen, 622 N. 2fith street, Omaha, Nebraska.
Yellowstone Park and Portland.
Personally conducted party will leave
via the Burlington Route June 29th for
Portland, stopping at Gardiner, Mont., for a
six-day tour of Yellowstone Park.
Return from Portland can be made
through California and Colorado If desired.
Party will travel in standard sleeper, and
application for berths should be made at
once. Rates are very low. Full informa
tion at Burlington Ticket Office, 1002
Farnam street, J. B. Reynolds, City Pas
senger Agent.
Omiha In the Lead.
Business prosperity in our city Is surely
great if we can Judge from the number of
stocks which have been absorbed by our
merchants within the last year. In the
latest New Jersey Is the loser and Omaha
people the winners of another chance for
bargains. Hayden Bros, have secured at
receiver's sale the ilfiO.OiiO general stock of
Cllne & Co., a large New Jersey firm, and
will place It on sale some time next week.
HIGH SCHOOL CADETS CAMP
AT VALLEY TARK. IOWA.
VISITOR'S DAY. TUESDAY, JUNE 13.
SPECIAL TRAIN from UNION STATION
10 o'clock a. m.
via The Northwestern Line
RUNS DIRECT TO THE GROUNDS
returning early the same evening.
Tickets on sale at Union Station,
$1.00 round trip, children half fare.
Special entertainment for all.
Attention, F. I'. of A.
Members of Mondamln Lodge No. Ill are
requested to attend the funeral of our
late frater, Catherine Klllaln, from the
residence, 3506 Parker street, Saturday,
June 10, 191. at 2 p. m. Interment, St.
Mary's cemetery. Sister lodges invited.
S. S. ALCOX, Fraternal Master.
H. C. H. COOK, Secretary.
Special Bates Kast Via Wabash R. R.
Call at Wabash city office. 1U01 Farnam
street, or address Harry E. Moo res, Q. A.
P. D., Omaha. Neb.
President Goes on Visit.
WASHINGTON, June . President
Roosevelt left here at 11:16 o'clock this
forenoon for a short visit to friends In
Virginia.
The "Crosby" Corset
FREE
ILEIt GRAND HOTEL.
LECTURE
AND
Special Violet Demonstration
Py HELENE C. CROSBY,
At Chambers' Academy, Twenty-Fifth and Farnam Streets, Saturday,
June 10th, 3:00 P. M.
12 HB
m MEN
SUITS
IN EVERYTHING
EXCEPT PRICE
Suit Case
Special
$1.69 .
r
-
Suit Cases,
All Leather.
$2.69
Are the prices that are
selling these suits at a
record-breaking rate
Last Saturday we inaugurated the most successful Mens
Suit Sale known to Omaha shoppers. There is still a broad selection if you choose today.
Fancy mixtures in the newest weaves and the shades most in vogue, including the favorite gray
effects in plain colors, checks, invisible overplaids, stripes and the quiet pin dots for business suits.
Variety enough in these garments to meet every taste and a substantial saving of money, too.
Men's PaLnaLinaL Hads, $3.90
We hare secured a limited number of finely woven Fanaina
hats that every man familiar with quality will recognize as
belonging to the $6.50 class. They are carefully made, cor
rectly blocked and nicely trimmed. 'About 75
hats in the collection, in sizes from 6 3-4 to 7 3-8
full $G.50 quality today
Men's Straw Hats
Men who do not wish Panama hats will find here the most
complete collection of straw hats in all the new braids, styles
and proportions for young men, middle aged and old men of
every size and taste specially priced for tomorrow's sale, at
3.90
45c, 75c, $1.00 to $3.50
Men's Underwear 35c
The best underwear value of the entire
season Is our line at 35c. It's sold In
every store In this city for 50c. It's a
wonderful bargain. This
Is our fourth case
we've sold this
season
i it uuij. its a
35c
Men's Hose
Our Hone Department was never In
such complete condition all the new
shades and colors for summer wear
the new drop stitch scam Is the
favorite for summer wear
10c, 15c, 25c, 35c
Men's Neckwear
The new fluffy neckwear for summer
Is here In the brondest variety we have
ever gathered together, Including the
new washable effects
10c, 15c, 25c
MEN'S SHIRTS,
WORTH $1.50....
89c
Today
dozen
we place on special sale 273
men's-high grade negligee shirts.
They are the surplus stock of one of the
most successful shirt builders in New
York City. We took his entire lot at a
price that means a substantial saving to
the men who wish to lay in a whole season's supply. Plaited
madras and plaited cambrics with white grounds, blue and
white figures, novelty effects, solid blue, grey
THEY ARE REGULAR $1.50 7f
JJ J
and tan
VALUES TODAY
MRS. ALCOE UP ONCE MORE
Confessed Blaokmailer Now Seeks Libera
tion for Falsa Imprisonment.
YEISER FILES NEW CLAIM FOR CLIENT
Attorney for Woman Attacks Con
stitutionality of Law Under Which
Woman is Detained In
Count? Jail.
Mrs. .Lillian Algoe, tne confessed black
mailer, appeared before Judge Day again
just before noon Friday, being brought In
on a writ of habeas corpus directed to
Sheriff Power. The writ was asked for by
Attorney John O. Yelser, the attorney
named to defend the woman on the charge
of blackmail, to which she pleaded guilty
and on which Hhe was fined 1260.
In his petition for the writ Mr. Telser
sets up that Mrs. Algoe ts unlawfully de
prived of her liberty under the sentence
Imposed by the court, the not having paid
the flue. The attorney contends that the
statute under which the fine was Imposed
is unconstitutional, being so broad In its
terms that, In the language of the petition,
it defines blackmail as being any threat of
exposure, which would include the exposure
incidental to the prosecution of a legitimate
claim for damages. It is also contended
that a cause In action is personal property
and tlmt the statute would deprive a per
son of property without due process of law.
Judjje Day having to go to Lincoln at
once, to be absent until Saturday afternoon,
asked Judge Redlck to hear the argu
ment on the application for the writ.
Argument in the case was postponed until
Saturday morning. This decision was
reached only at a late hour this afternoon,
the state nut being ready.
"TWENTIETH t'ESTl'RV LIMITED"
Shortens the Time to New York Two
Hours.
Commencing June 18 the time of the
"Twentieth Century Limited" between
Chicago and Mew Yorfc, via the Lake
Shore and the New York Central, will be
reduced to eighteen hours, leaving Chicago
2:30 p. m., arriving Grand Central station,
New York, 9:30 next morning.
Returning, leave New York 8:30 p. m.,
reaching Chicago 8:30 the following morn
ing. The new schedule will be made with
the same ease and comfort that have char
acterized the running of this favorite train
under the precent schedule of twenty hours.
Kor Information address L. F. Vosburgh,
General Western Passenger Agent, Chicago.
J. Walter Thompson Co. Moves.
The J. Walter Thompson company, the
great New York advertising agency, has
outgrown Its former quarters In the old
Times building and has removed to new
offices at Twenty-third street and Fourth
avenue, where 18,000 square feet on one
floor are fit accommodations for a giant
tmslness.
The new offices are a ver practical Il
lustration of the success which has given
the name of Thompson distinction In the
advertising field for the past half century.
Card of Thanks.
Mr. and Mrs. P. J. Quealey and family
desire to extend to their many friends their
sincere thanks for the kindness, sympathy
and beautiful flowers during the illness and
death of their beloved daughter, Mrs. Jose
phine Quealey-Clark. Especial mention is
due to the postofflce employes; alpo Elks'
lodge, No. 89. P. J. QUEALEY.
Card of Thanks.
We deFlre to thank our friends and also
the members of Omaha Lodge No. 18, A O.
V. W., for the kindness and sympathy
shown us In the death of our dear wife
and mother, and also for the many beau
tiful floral offerings.
Mr. Jacob Knauber. Louis Knauber, Fred
KUchner, Albert Klrchnen
irMin-iMiiiMiMi'iiMM.- nil Mir miniiinni iiii
oca smmomm
A Dainty Gift
la one of our gray-finished Sterling; Cold Meat Forks; 7
Inches long, In case, $2.50; large forks up to $25.00, and
hundreds of other useful articles. You should see them.
MAWHINKEV RYAN cu.J
15 Iff AND DOUGLAS SrS. OMAHA , AUS
GETS OUT ON HIS BIRTHDAY
Soldier Secures Ills Liberty on
Twenty-Sixth Anniversary
of His Life.
"Because It was my birthday. Judge,"
responded Andrew C. Weatherstone, a sol
dier, when asked by tho police magistrate
why he came to the paved streets Thursday
from Fort Crook and got Intoxicated.
"How old are you?" asked the Judge.
"I am 16, sir," replied the soldier, as he
stood at attention before the bar of Jus
tice. After standing before several bars on
Thursday Weatherstone lost his cap. He
was discharged and left for the poBt, with
uncovered head.
Sewing Machines for Rent,
by week or month, at low rates. The
Singer is acknowledged the lightest run
ning and most convenient of any. Try one
and be convinced. .Only at the Singer
store, 1514 Douglas street, Omaha, Neb.;
438 North 84th street. South Omaha, Neb.
To New York In IS Honrs.
On and after June 11th, "The Pennsyl
vania Special" of ,the Pennsylvania Short
Line will run from Chicago to New York
(910 miles) in 18 hours. It will leave Chi
cago every day at 2:45 p. m arriving at
New York next morning at 9:45. Return
ing it will leave New Y'ork every day at
8:Ej6 p. m., arriving at Chicago next morn
ing at 8:56. r
The business man's opportunity. Today
In Chicago, tomorrow in New York. The
next morning back in Chicago.
"The Pennsylvania Special" elghteen
hour train between Chicago and New York,
will be equipped with Vestlbuled and Electric-lighted
Library-Smoking, Dining, Sleep
ing and Compartment-Observation Cars.
For full information address Thos. H.
Thorp. T. P. A., ' 26 U. S. Bank Bldg.,
Omaha.
Harry B. Davis, undertaker. Tel. 1221
' DIED.
FIRTH Joseph. June 8, 1906, aged 48 years
1 month lii days.
Funeral services will be held from late
residence, 5i South Thirty-third street,
Saturday. June 10. at 2 p. in. Interment
Forest Lawn cemetery. Friends invited.
LA HI RE Madame txiulse. at the Old La-
dtt a' Home, 2il4 Wirt street. Thursday,
June 8. aged 80 years.
Funeral from tne Old Ladles' Home, at
1:46 p. m., to Sacred Heart church at 3
o'clock p. m. Interment at Holy Bepuleher
cemetery.
Buy where you know you will get
reliable goods. TIIE ONLY KIND
WE SELL.
7c
9c Hose
lie
SPECIAL SATURDAY TUICES.
MILTON R0GERS&
SONS GO.
14th and Farnam Streets.
Burglars Got All
Our money, but they left the goods, which
we are anxious to swap for your money.
2Sc Colgate's Tooth Powder 15o
10c Root Beer 8u
Mulford's Salts of Fruit 10o
HofT's Malt Extract 2oa
Vlomalt, 2 bottles 2o
25c Dermallne Soap ftjc
2&c Lee's Egg Tar Soap 20a
Howell Drug Co.
4th and Capitol Avenue.
W m iii
ainj
Every New Sir
Style is Here
er
Choicest style In Men's, Women's and Chil
dren's Clothing.
Charge your purchase and arrange the term
of payment to suit your convenience.
Walk right In ; look over the clever garments and convince
yourself that we, being manufacturers, can sell clothing on
easy payments at cash store prices.
Men's Bine Setts Salts Men's and Boys' Shoe - LadW Shirt Waist Stilts
Men's Raincoats Boys' Salts Lsdlss' Sslncoata
Men's Salts Ladles' Stylish Shoes Ladles' Wash Y slats
Men's Bate Ladies' OxJords " fine Millinery
RENTER 2f
HQS
!M 1508 Dodge,
BTORB OPEN WEDNES
DAY KVENINOS,
Ft
Browning,
King & Co
Hard Work
finding collars that won't wear out.
There's a difference though be
tween wearing out and tearlnsr out.
Our bobby la selling collars that do
wear out, but that will not tear nor
upltt out. Hepldt'8, a perfectly com
fortable aud swell fitting collar.
Ask for The Arrow
Brand. .
We have them in
many styles and in
quarter sizes.
15c
2 for
25c
"Custom sets the fashion." said
Beau Urummel, "comfort regulates
It."
Fifteenth and
Omaha, Neb. w'
Brrxuiipgy N EW YOB Kdyoprr Rquar
YOUR.
. IV I SI
ID
BOY'S y
FEET
Are the busiest part of him. They
are required to carry him wherever
his fancy leads and If his feet are
nut properly shod Ms disposition is
spoiled he Is cross and irritable and
not the boy you would have him be.
But shoe htm with the right kind
of shoes fitted in the way our ex
perienced salxsmen fit boys feet with
a pair of our famous 11.60 shoes and
you can rest assured that the busiest
end of your boy is well taken care of.
Saturday is boys' shoe day at our
store bring your boys big and little.
Drexet Shoe Co.
1419 Farnam Si.
Omaha's I'p-lo-Date Sao Boas.
ASK FOR OUR FREE) CATAJLOOUB.
H