The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, December 27, 1907, Image 1
1 THE NORFOLK WEEKLY J EWS JOURNAL. N011FOLK , NEBRASKA , FRIDAY , DEl'KMUifiH ' 72 , 1907. I < DULLET TOOK EFFECT IN BARN- HART'S ' LEFT LEG. " " " * * A CHRISTMAS NIGHT TRAGEDY MRS. BARNHART WANTED HUS BAND TO GO HOME. FOLLOWED HIM DURING EVENING iff Leg May Have to be Amputated to Save Attorney's ' Life She Did Not Intend to Kill Him , Just Wanted to Show That She Meant Business. Attorney II. F. Barnhart Is Jr his room in the Pacific hotel wit1' < 'tet wound in his left leg , the res fy * "near-tragedy" Christmas nlgi. * % , , 1 which he and his wife were the i > clpuls. Mrs. Barnhart shot her hu band during the evening , trying to make him go home. About 11 o'clock ehe saw him in the -Walton saloon. Barnhnrt left by the back door but his wife met him at the corner of the Nebraska National bank. They crossed to the Bishop block. Then she fired two or three shots from a 32-callbre revolver. Barnhart started to mount the steps toward the second floor of the Bishop block. Ho was on about the fifth step when his wife shot him in the calf of the left leg. May Have to Amputate , The bullet ranged upward and was thought Wednesday evening to be lodged in the knee bone. Dr. Salter , who dressed the wound , said that the injury might have serious results If infection set in , and that the limb might have to bo amputated , always ' n dangerous operation under the cir K' cumstances. Barnhart was taken to a room in the Pacific hotel. Mrs. Barnhart with one load still in her revolver hold the stairs in the Bishop block for some mlnutcB but was finally caplured by a ruse and locked In Iho city jail. Thursday morning she was sllll in the city Jail although Barnhai't ' himself had desired to give ba > ll for her a few minutes after the shooting. County Attorney Jack Koenlgsteln announced that Mrs. Barnhart would bo prosecuted for shooting her hus band. He said that the complaint would be drawn up Thursday and might charge assault with Intent to kill. Domestic Troubles. The domestic infelicities of the Barn- liart family have been generally known in Norfolk and have been brewing fern n number of years. The outbreaks have usually been dramatic. It was so Wednesday evening. Early Wednesday evening Mrs. Barnhart called on her husband at the Pacific hotel to Insist on his nccompa nying her home. Barnhart got away from her and went to bed. About 10:20 : p. m. Barnhart left the hotel. His wife followed ten minutes later. When Mrs. Barnhart was seen look ing through the open front of the Wai ton saloon , Barnhart was given a tip and left the saloon by the back way , passing down the alley. He and his wife met at the Nebraska National bank corner. They crossed over toward the Bishop block. Shot In the Air. Mrs. Barnhart threatened the attor ney with her gun. She says she fired twice , once down the street and once in the air. The first shot went through the plate glass in the office building of Dr. H. S. Overocker. Demonstrated She Was in Earnest. Then Barnhart made for the stairs. That was where his wife winged him. "I shot to show him I was in ear nest , " said Mrs. Barnhart Thursday morning. "I shot to hit and of course I got him. I did not want to kill him or , I would simply have shot higher. 1 wanted him to go home and I wanted to show him that I meant It. " The shots Immediately attracted at tention. Mrs. Barnhart mounted the steps beyond her husband , whom she permitted to bo taken from the stair way. Stood Officers Off. Mrs. Barnhart had her own way on the stairs. An officer started to arrest her. "Get out , ' she said , and she leveled her gun at him. The officer got. A Norfolk councilman tried his hand. "Get under , " she said. The councilman got. As a ruse Dennis Crum Impersonated ' ed n cab driver. "I wont a cab to get home , " Mrs. Barnhart said. She was told that a cab would bo ordered. When the carriage for Barnhart ap peared , Mrs. Barnhart opened the door to leave the building and was grabbed by an officer She was taken to the city jail , where she spent the night. Barnhart was taken to the Pacific hotel , where his wound was dressed about midnight. The bullet seemed to bo lodged In the knee joint. It was said that the knee would bo placed under an X-ray machine Thursday , Well Known Attorney. H. F. Barnhart has been a well known attorney in north Nebraska. Ho was county attorney of Plerco county before coming to Norfolk and secured the conviction of Nlegcnflclnd , one of the few men who have been hanged In Nebraska In recent years. Barn- hart was the democratic candidate for county attorney of Madison county n year ago liiHl fall. Ho Is especially well known In north Nebraska along the Bniiesteol line , where a good deal of IIH ! practice lies. Norfolk people who have been fa miliar with the affairs of Uarnhart and hlH wife and the threals that have been Interchanged between have been fearful of a serious collision between them. PILFER LOS ANGELES STORE , THEN GET AWAY. POLICE FOLLOWED , SHOOTING Two Los Angeles Youths Pilfered a Big Department Store In That City Christmas Afternoon and Then Es caped In Stolen Automobile. Los Angeles , Gal. , Dec. 2C. Two boys , after pilfering a largo amount of plunder from a large department ' store late Christmas afternoon , stole i automobile and started to escape 'i their booty. tfo > police , In another machine , fol , ,7 . * he robbers. V , - mse lasted many miles , during vh.'ii fifty shots were exchanged. The boys finally left the car and scaped in the darkness. TWO RAILROAD COMPLAINTS. York Commercial Club Files Charges Against Two Roads. York , Neb. , Dec. 20. Special to The Vews : The York Commercial club lied complaints against the North' vcstcrn and Burlington railroads to lay , alleging that track scales are not iirnlshed as provided by law. A hearing will be granted In a few lays. A MEMORABLENEW YEAR'S ' _ Big Celebration Planned for the Day at Gregory. Gregory , S. D. , Dec. 24. Special to The News : The management of the low Gregory roller mills together with the Commercial club are plan ning to make Dec. 31 a memorable day. On that day the mill will be started and formally thrown open to the in spection of the public. It Is planned .o have a roast ox and to feast the 'armors ' and others who come to Greg ory to look over the new mill , on roast > eef , and biscuits made from flour ground at the mill. That the affair will be a grand success In every way iml will prove an advertisement to the town of the most desirable char acter is a foregone conclusion , since the Gregory business men have taken mid of it , for they have gained a wide eputatlon ns belonging to the livesl of the live ones , who never do things : iy halves. The new mill is thoroughly tip-to late in every way , being constructed of the very best materials throughout and of largo capacity and the mosl convenient arrangement of machinery iniown in modern milling. It Is credit to the owners who have stakec so much money on their faith in the future of Gregory. That their hopes will be fulfilled seems assured , since three years of bumper crops have given the Rosebud country a reputa tion far and wide as one of the bes ! wheat and grain countries to be found anywhere. FIRE BOYS' DANCE. Eighteenth Annual Ball of Nellgh Fire Department. Nellgh , Neb. , Dec. 26. Special to The News : The eighteenth annna ball of the volunteer fire departmeni of this city took place In the audlto rlum last evening. The members eacl year endeavor to make their annua dance one of the most enjoyable events of the season. They certainly did themselves proud in their efforts at this time by furnish Ing excellent music , which was no only enjoyed by the large number o spectators , but by the dancers as well The auditorium was in a crowded con dition until a late hour. Revising Freight Classifications Lincoln , Dec. 20. Beginning with the first of the year the state railway commission Intends to got down to serious business and revise frelgh rates by classification. In practically every one of the hearings which hav been heard on an Increase or decreas of rates on a commodity , it has been the contention of the railroad's tba it Is impossible to tell the cost of ship ping any one commodity , and there fore unjust for tha commission to change any rate on any commodity They have argued that the commls slon should take up tha matter o rates by classes. Dyer for Department uommanacr. Mason City , la. , Dec. 2G. The Ma son City G. A. R. post has passed res olutlons indorsing Hon. H. A. Dyer o that city as a candidate for depart mcnt commander of the Iowa G. A. R Ho served as a private in company C of the Twenty-first Iowa for three years during the civil war. Miner Killed by Fall of Rock. Lead , S. D. , Dec. 26. John Roth , a miner employed on the COO-foot love of the Homestako mine , was Instantl ; killed , being cnished to death by mass of rock falling upon him. HE AND FAMILY LEAVE FOR PINE KNOT , VA. TO SPEND HOLIDAYS THERE The President , Hia Wife and Her Sis ter Left Washington for the Virginia Retreat to Enjoy Rest and Recrea tion for a Week. Washington , Dec. 20. President and Mrs. Roosevelt , accompanied by the attor's sister , loft hero this morning for Pine Knot , Va , , to spend the bal ance of the holidays. The train was scheduled to arrive n Pine Knot at 2:30 : , after which the iresldentlal party must take a ten- nllo drive through the country. The party was due to reach Mrs. loosevelt's cottage at about 5 o'clock his afternoon. AN EPIDEMICJF WEDDINGS Victims of the Disease Are Many in Brown County. Alnsworth , Neb. , Dec. 20. Special o The News : An epidemic of wed- lings has struck Brown county. Here ire a few of the victims : Will H. Metcalfe , deputy county reasurer , and Miss Bessie Gould were married Christmas eve at the homo of ho bride's parents in this cily by Rev. P. W. DeLone. Alonzo Monroe and Miss Nellie Stearns were married at the home of he bride's parents some twenty miles south on Christmas day by Rev. Mr. Vdums. W. A. Anderson and Miss Cora Cai- ver were married Thursday at the tome of .1. Raven , Esq. , twenty miles outh of lown. Walter Allen and Miss Clara Alpha Fcnnlngs , adopted daughter of B. M. hase and wife , were married Christ- nas eve at the M. E. parsonage in lohnstown by Rev. Mr. Carpenter. Owen Rlckard of Long Pine and Miss Pearl Hoke of Johnstown were narried Christmas evening at the Stall hotel in Johnstown. .1. C. Jensen , an old Norfolk boy who married Miss Amy Brown , an Mnsworth girl , some months ago , and ils wife are spending the holidays wilh his parejits near Pilger. Elections In Portugal April 5. Lisbon , Dec. 20. Following the promises of the government to termi nate the dictatorship and hold the elections for the chamber of deputies at un early date If Ihe calm In Ihe po litical atmosphere was maintained , a decree was Issued fixing the elections for April 5. Fatal Fight at Christmas Dance. New Franklin , Mo. , Dec. 20. it was learned here that during a fight at a Christmas dance In the western part of the county , George Beard was killed and four persons were seriously wounded. No arrests have been re- corted. DECREASE IN FLOUR SHIPMENTS Falling Off at Minneapolis Not Entire ly Due to Financial Flurry. Minneapolis , Dec. 20. Flour ship ments fiom Minneapolis for 1907 will tall slant of thu totals shipped during 1000 by nearly 1,000,000 barrels. This decreahe appaiently has not been en tirely due to the financial Hurry , aa the figures lor each month show that only In three months for the entire year have the shipments for 1907 ceeded those lor the same mouths in 1900. 1900.The The number of barrels pf flour sent out from Minneapolis by the various mills so far this year have been 13 , ' 825,375 , while lor a conesponulng pe riod In 1900 there were 11,573,123 bar rels shipped , a difference of 747,748 barrels. Despite the recent financial string' ency the sales of flour fpr use In the country or tor export did not suffer so much as was generally expected The shipments for October this year were 1,499,052 barrels , against 1,593 , ' 097 barrels last year. In November this year the greatest falling off is shown , with shipments of 1,067,970 bands , against 1,318,048 barrels a year ago. For the trading days in December up to the present 079,271 barrels have been sent out , as against 979,491 barrels for the corresponding days last year. MAN SPENDS JJI6HT IN SEWER Left for Dead by Thugs Who Chucked Him In Big Drain Pipe. Omaha , Dec. 26. Albert Holft , watchman ut the Cudahy packing plant , was assaulted by thugs and thrown through a manhole , and spent the entire night in the big sewer which drains the Union stock yards. Ho escaped by crawling a mile to where the sewer empties into an open ditch. The unfortunate man was found , more dead than alive , by the crew of a stock yards switch engine , who heard his feeble groans as he lay in the half frozen mud. He waa dying from exposure when found. When taken to the hospital it was found he had suffered a severe boating before being thrown Into the sewer by hia assailants , who evidently supposed they had killed him. Physicians fear the ficczlng mud la which ho must have lain an hour 01 more may cause severe congestion ol the lungs. Helft has not yet recovered sufficiently to give a coherent account of the affair. Says Coast Is Helpless. Seattle , Wash , Dec. 20. Colonel Woodburn , acting commander of the Department of the Columbia , U. S. A. , In a statement , said that the Pacific coast would be helpless In case the nnvy would prove uhablo to prevent a force of 20,000 , Japanese or other for eigners landing along the coast. Ho said there are not two thousand reg ulars on the coast to resist un attack by land , while 150,000 Infantrymen are needed' . CLASH BETWEEN NAVIGATION AND MEDICINE BUREAUS. RIXEY REVIEWS CONTROVERSY Surgeon General of Navy Wants Doe tors to Run Hospital Ships Why Admiral Brownson Resigned Post as Chief of Bureau of Navigation. Washington , Dec. 26. That a serl ous breach exists between the bureau of navigation and the bureau of med icine of the navy , Involving the ques tion of the responsibility of the latter bureau , was made apparent in a state ment issued by Surgeon General Presley ley M. Rixey of the navy , In which he touches upon the circumstances leading up to the probable selection by the president of a medical officer to command' the hospital ship Relief over the protest of Rear Admiral Wll lard H. Brownson , chief of the bureau SURGEON GENERAL RIXEY. of navigation , who" Tuesday sent hia resignation to the president. While disclaiming exact knowledge as to the caus = e of Admiral Brownson's resigna tion , the surgeon general's statement leaves litlle room for doubt that the controversy he reviews was a potent factor. Doctors Command Hospital Ships. Surgeon General Rixey malnlalna that hospital ships , as a rule , always have been commanded by medical of ficers , with a sailing master and civilIan - Ian crew for purposes of navigation This particular vessel , he says , form erly belonged to the army and always was commanded by a medical officer when used as a hospital ship. In at tempting lo unify Ihe medical services of the army and the navy , he says that a Joint army and navy board ol medical officers , which was convened by executive order more than a year ago , recommended that hospital ships should bo commanded by medical of- . fleers and that that recommendation was approved by both the secretary of war and the secretary of Ihe navy in general orders. Since the civil war , he says , all hospital ships and med ical transports of the army had been placed under the surgeon general of the army. He says further thai Japa nese naval hosptlal ships were com manded by medical officers , afler hav ing iried line officers. These ships he says , are simply tloaling hospitals , properly under Ihe conlrol of Ihe med ical deparlmenl , and should be con dueled in peace exaclly as in lime of war. This is especially so , he adds because during war lime line officers cannot be spared and do not , and should not , deblie the command of these ships. Doubt as to Neutrality Status. He maintains thai il always has been a doublful question if the Geneva and The Hague agreements could guarantee Ihe neulrallly of Ihese ships If combalanl ( line ) officers and crews were aboard , and 11 was Ibis doubt which prevented the Japanese during the recent war with Russia from us ing line officers on hospital ships. "The inlernal admlnlslrallon of the bureau of medicine and surgery , " he says , "has been , in my opinion , too much Interfered with by the bureau of navigation. This "Interference has at times caused grave concern as to how I could meet the needs of those under our care. " The hospital ship Relief , ho says should now be with the battleship fleet on Its cruise , but , he adds , "the bureau of navigation thought other wise , and' the fleet of 15,000 men , with its auxiliaries , is without a hosptta ship and will be until It arrives at Magdalena bay , more than three months from now. " Ho adds that he cannot understand how Admiral Brownson should be specially Interested in the officering of hospital ships , as his duties lie In another direction , and that ho should not Interfere In a matter pertaining entirely to the bureau of medicine am surgery , and therefore to bo decldet by the secretary of the navy. NAVY BREACH WILL BE SUBJECT OF INVESTIGATION. AN ARMED TRUCE NOW EXISTS The Feeling Between the Navigation and Medical Departments of the Navy Has Reached an Acute Stage and Internal Disruption May Follow Washington , Dec. 20. The feeling > ctwocn the navigation and medical lepartments of the navy has reached he acute stage and it is feared that inless the matter can be permanently settled In some manner , It may result n Internal disruption. Congress Is expected to make the natter one of official Investigation , lending which the two departments are working under armed truce. MINE OWNERS WILL CARRY FIGHT INTO FEDERAL COURT. REIGN OF TERROR ALLEGED Will Ask Not Only for Injunction Against Picketing , but for Final Dis solution of Goldfield Miners' Union. Troops May Be RetalneJ. Goldfleld , Nov. , Dec. 26. To carry the fight into the federal court will bo the next move of the Goldflold Mlno Owners' association. Today a suit will bo filed in the circuit court of the district of Nevada , asking not only for an injunction against picketIng - Ing and Interfering with , but for the final dissolution of the Goldfleld Min ors' union. The suit is to bo filed by the Goldfield - field Consolidated Mines company against the Goldfleld Miners' union , the Western Federation of Miners , the local union , and nineteen other of ficers of the same. The complaint sets forth the alleged' vast extent and richness of the mining Interests in volved , and the large number of per sons holding shares in the mines In various states and territories ; alleges that the Goldfield Miners' union and the Western Federation of Minors are unincorporated associations and thai it is claimed to bo a part of another larger organization , known as the In dustrial Workers of the World , also unincorporated , which has the same principles and seeks to accomplish its resulls by Iho same alleged unlaw ful melhods , and has in its ranks as members of these associations , not only the miners of the Goldfield dis trict , but other laborers , such as waiters , clerks , cooks , barbers and barkeepers. Claim Union Is Criminal Society. It Is further alleged that the West ern Federation of Miners Is organized for the destrucllon of properly and creating "endless strife , disorder , bloodshed and rioting. " The Goldfleld union is charged in the bill with "In timidation" and of being guilty of "wanton destruction of property , mur der of Innocent citizens , lawlessness and anarchy to such an extent that It has Instituted a reign of terror in the Goldfleld district. " It is further al leged that the Goldfleld union is a "criminal society. " The court is asked to cite the de fendants before it to answer the alle gations of the complaint , and to issue a writ of Injunction restraining the defendants from obstructing the busi ness of the Consolidated Mines com pany by threat , Intimidation or picket ing. An injunction against boycott Is further asked for. The court is asked to enjoin the Goldfleld union from holding any more meetings. Watchers or examiners are asked for , with full authority to enter on the propeity of the defendants and to carry out the orders of the court and to arrest any person violating them. Finally , It Is petitioned that the injunction be made permanent and that the Goldfield Min ers' union be abated and forever dis solved as a nuisance and perpetually enjoined from any further meetings or action of whatever kind or nature. The complaint Is signed by George Wingfleld , vlco president of the Con solidated Mines company. One effect of the filing of this , it Is said , may bo to Induce President Roosevelt to order a portion of the troops now in Goldfleld to remain on the ground to assist In the enforce ment of the mandates of the federal court , if necessary. Nebraska Teachers Meet. Lincoln , Dec. 26. More than 1,000 Nebraska teachers were enrolled for the state association convention. The opening program was given , compris Ing a concert at St. Paul's Methodist church. A. H. Waterhouse of Omaua , president of the association , doliV' ered a welcoming address at the Tern pie building. Mississippi Is for Taft. Jackson , Miss. , Dec. 20. L. B. Moio ly , Republcan national commltteeman for Mississippi , has held' ' conferences recently with leading Republicans throughout the state. The sentiment clearly expressed Is that Mississippi will Instruct Its delegates for Taft. Missouri River Still Open. Pierre , S D. , Dec. 26 , The Missouri river refuses to form the usual ice bridge at this city thla year , and with out a decided change in temperature * the stream will be open until after the 1st of January this winter. CONDITION THE WEATHER Temperature for Twenty-four Hours. Forecast for Nebraska. Conditions of tlio weather us record ed for thu twonty.four hours ending it S n. in. todny : Maximum 40 Minimum 22 Vvorago 31 laromctcr 29.10 Chicago , Dec. 20. The bulletin Is sued by the Chicago station of the United States weather bureau gives the forecast for Nebraska as follows : Partly cloudy and colder tonight and Friday. SANTA CLAU8 CARRIES MIRTH TO ALL STRATAS OF LIFE. CHEER ENOUGH AND TO SPARE Good Things Distributed With Lavish Land Brokers Raise Fund of $12,000 , for Stock Exchange Employes Many Dinners for the Poor. New York , Dec. 26. There was no spirit of depression In this city on Christinas day. From the Bronx to the Battery and over Into Brooklyn to the point where Coney Island points Its nose Into the sea , there was merry making that must have satisfied the jolllcst soul and those who had no cheer of their own were bountifully supplied by these who had enough and to spare. These In a position to know , say that never before have the good things been distributed with so lavish a hand or so many of the less fortunate made happy with gratuities. The Salvationists , Volunteers , Young Men's Christian association and a hun dred' other public and private humani tarian organizations vied with each other In supplying to all who would accept , bountiful repasts , surprise gifts of clothing and toys , with music and bright lights and well wishes thrown in. Even at the Stock ex change the scene of recent financial disaster for many , the walls were hung with holly and mistletoe and the brokers proved they were not broke by making a pool of $12,000 for the 360 exchange employes. Nearly every public school had its Christmas program. ERIE'S ' ACT MAY START WAR Railroad Withdraws New York-Chi cage Passenger Rates. Chicago , Dec. 20.The Erie railroad has announced the withdiawul of all its passenger rates now published in the Chicago rate sheet and a rate war of no mean proportions will be precip itated unless the other Chicago-New York roads bring enough pressure to bear to stop it. The new rates which the Erie proposes to establish will be announced Jan. 1 , and if filed with the intcrstafo commerce commission then will become effective Feb. 1. This action by the Erie has aroused all the other trunk lines , and it is not improbable that several more will cancel their rates in the Chicago rate sheet. No announcement has been made by the Erie officials as to Just how tar the cut In rates will go. It Is reported , however , that if the fight becomes hot the tariffs will be cut a second time , and it Is not improbable that for a time the lare between Chicago and New York will bo $12. The second class lare is now $10 , which repre sents a cut of $0.75. NEGROES LEAVING HENRIETTA Blacks Given Forty-Eight Hours In Which to Get Out of Town. Mnskogee , Okla. , Dec. 20. Negroes are rapidly leaving Henrietta , where the lynching of James Garden , a ne gro , occurred Tuesday , following the murder of Albert Bates , a prominent white business man. The blacks were given notice to get out of the town within forty-eight hours. A second at tack was inado on the jail early this morning by a mob of citizens , who sought a one-eyed negro named Bill Smith , charged with inciting Garacn to commit the crime. Sheriff W. P. Robertson spirited the man away from the mob and took him to Okmulgec. Jim Johnson , a negro who gave Gar den a rifle , was also taken to Okmul gee. Business of Iowa Towns. Des Molnes , Dec. 20. In an effort to help along the entire state of Iowa on the theory that what helps Iowa helps DCS Molnes , the Greater DCS Molnes committee Is busy gathering statistics that will boost the towns of Iowa. The statistic * ! pertain to the amount of buulness done , the accessi bility to tianiortatlon ) and other features that make them suitable for factory sites. President Goes to Pine Knot. Washington , Dec. 26. President Roosevelt left for Pine Knot , Va. , thla morning at 8 o'clock over the South ern railroad. Ho was accompanied by Mrs. Roosevelt and Theodore Roosevelt velt , Jr. , and' will remain at the cot tage until next Tuesday , devoting much of his time to horseback riding in the Virginia hills. Slain by Her Husband. Hyde Park , Mass. , Dec. 20. Dr. Walter R , Amesbury of Mllford shot and Instantly killed his wife , Anna , a teacher of music In Roanoke college , Danville , Va. , as the family were about to sit down to their dinner at the home of Mrs Jcnnlo Reese , Mrs. Amesbury'a mother. OPERATORS REPORTED PREPAR ING TO RENEW WAGE WAR. SCHEDULED FOR NEXT SUMMER PLAN STRIKE AT TIME OF REPUBLICAN - LICAN NATIONAL CONVENTION. WAGES HAVE BEEN REDUCED A Chicago Paper Says That the Tele graph Operators Are Preparing For Another Strike Because Strikers' Wages Were Cut. Chicago , 111. , Dec. 2C. The Commer cial Telegraphers union Is reorganiz ing Its scattered forces with the vlow of again striking against the two hip telegraph companies , according to the Chicago Record-Herald of this morn- Ing. That paper today prints an Inter view with Secretary Russet saying that the movement has already begun. He Is quoted as confirming the re port that another strike is being pre pared for. It Is stated that the union will hold a convention In Milwaukee Juno 8 and that the strike will probably be called belween that dale and Iho holding of Ihe national republican convention in Chicago In June. Mr. Russell says that there has been plenty of provocation by the compa nies , who materially reduced the wag es of all strikers who returned to work after the strike was called off. BANKER M'CONNELl ' IN CUSTODY President of Smelter City Bank Un der Arrest at Durango. Durango , Cole , Dec. 20. Charles E McConnell , president of the Smelter City bank , which closed Its doors Dec. 17 , was placed under arrest. The warrant upon which he was arrested was sworn to by Harry Jackson , a de positor of the bank , who had $3,400 on depobit when the institution closed its doors. The committee which has charge of examining the affairs of the bank found that on Dec. 12 Mr. McConnell had borrowed $10.000 In cash from the First National bank of Durango and had' given securities from hia hank for the money , but the books of the Smelter City bank did not show that the $10,000 had been placed oti deposit there. The committee sent for Mr. McCon nell and questioned him for several hours as to what he had done with the $10,000. After the conference Mr. Jackson swore out the warrant and the sheriff plated Mr. McConnell in jail. GREAT WESTERN IS SUED Action Brought for Keeping Stock Too Long in trie Cars. Des Molnes , Dec. 2i. ( In a suit filed in the tC'Jfial conrt , In which the Grfat Western railway is defendant , the first piosetution is begun in Iowa under the ledeial statute putting a limit on the time that live stock can bo kept in a car without teed and water. It Is charged against the Great Western that a cur of twenty-nine head of cattle was shipped from Stow- artsville , Minn. , Dec. 3 to Eldrldgo & Dreier at Van Meter , la. , and that the car did not arrive till Dec. 5 , and the cattle were without food and water for thirty-nine hours and thirty-five minutes. The suit Is brought In the name of the Unltea' ' States and the penalty on conviction Is a fine of $500. $ The law wus put on the statute books soraa years ago , after a bard campaign by the Humane society. At the last ses sion of congress the railroads made an effoit to get the minimum timu limit raised , but without success. TOGA FOR WILLIAM JAMES BRYAN Appointed United States Senator to Succeed Late Stephen R. Mallory. Jacksonville , Fla. , Dec , 26. Govern or Broward appointed William James Bryan of this city to bo United States senator , vice Stephen Russell Mallory , deceased , for the balance of the term , expiring March 4 , 1909. Mr. Bryan is a prominent young attorney , only thir ty-one yeaia of ago and now 1-plds the position of county solicitor for this ( Duvnl ) county. He was born in Orange county , Florida , Oct. 10 , 187C. Ho Is the son of John M. Bryan , who served fourteen years as state senator and afterwards as a menvber of the state railroad commission. Ho is not related to William Jennings Bryan of Nebraska. Powers Trial Nears End. Georgetown , Ky. , Dec. 26. The de fense In the Caleb Powers trial ex- pccts to close today and it Is said Iho commonwealth Is prepared to go on with its rebuttal testimony. It is also said that Henry Youtsoy will bo brought back to contradict Powers' testimony. Judge Jero R. Morton of Lexington , formerly counsel in tiu > Powers case , testified that ho was in the court of appeals room when the shot was flrec ! that killed Goebel.