\ THE NORFOLK WEEKLY NEWS-JOURNAL ' . , ' , , , 'NORFOLK. NKBIIASKA KlMD'AY NOVEMBER 18 11)10 ) STANDARD OIL WINS ITS CASE JUDGE DIRECTS VERDICT FOR THE DEFENDANTS. ON GRAND JUNCTION CHARGES Judge McCall of the United States Cir cuit Court Takes the Famous OH Trust Out of Jury's Hands and Finds tor the Oil People. Jackson , Tenn. , Nov. 17. Judge John 13. McCall , of the United States district court , this afternoon Instruct- od-tho jury In the case of the govern ment against the Standard Oil com pany of Indiana to return a verdict of not guilty. This Is the case In which Judge Mc Call on Tuesday ruled that each busi ness settlement Instead of each car load shipment , constituted a unit of offense. The case was the so-called "Grand Junction" charges. Under Judge Me- Call's last ruling the maximum pen alty would have been $920,000 , If the company had boon convicted. Iowa Miners Strike. DCS Mollies , Nov. 17. Two hundred miners employed at the Gibson mines near DCS Molnes struck today because the company refused an additional weigh master. Packers Begin Case. Chicago , Nov. 17. The opening round of the legal fight by the indicted meat packers to take the trial of their cases from the hands of Judge Landis of the United States district court was begun today. Attorney John S. Miller of counsel for the defense opened the case by rending an extended petition giving reasons for the change of venue sought by the packers. Ho was fol lowed by Attorney Morltz Roscnthal , also of counsel for the dofonse. TAFT LEAVING PANAMA ISTHMUS HE BELIEVES NATIVES BY DENY ING REPORT OF INTENDED - ED ANNEXATION. Panama , Nov. 17. President Taft will sail for homo today , delighted at the progress made in the construction of the Panama canal and with the cheers of Panamans ringing in his cars. The president's speech made last night at the dinner given in his honor by President Aroaemena and in which ho ridiculed the report that the United States was contemplating the annexation of Panama was published this morning' and excited the earnest appreciation of the people here. Mr. Taft will embark on the cruiser Tennessee at Colon at G o'clock to night for Charleston. Ho will stop at' Guiuitnnnmo , Cuba , Saturday after noon , for a brief inspection of the Am erican naval base. This morning Mr. Taft looked ever the Pacific division of the canal and from a tug examined the completed section. This is the president's fifth visit to the isthmus and his popular ity among the natives and the canal workers is everywhere manifested. They all Likts Taft. Just to show him special honor the men turned in yesterday and broke all division records for th laying of con crete at Gatun jdom. At the Gatum locks 4,437 cubic yards of concrete were placed and at the spillway 540 cubic yards were laid down , making a total for the day of 4,975. This In formation was convoyed to the presi dent In a message signed "Tho men , " and was stated that the record work was done in appreciation of Mr. Taft's visit. Ready to Dictate Message. On the way home the president will dictate his general message for the approaching session of congress , hav ing road the reports of all depart ments during the voyage hero. FIANCE DIES IN AUTO WRECK. Bride to Be Witnesses Killing of Sweetheart. Lenox , Mass. , Nov. 17. George N. Root , treasurer of the Lenox Savings oank , was instantly killed , and his brother , Willis 13. Root , was seriously Injured when an automobile in whlcn they were returning to Lenox from Pittsfleld skidded on an icy road and was overturned. Miss Florence Mahanna , who was soon to have married George Root , was in the machine , but was unhurt. HARVARD LAWS "COME BACK. " Last Year's College Football Men De feat Carlisle Indians. Cambridge , Mass. , Nov. 17. A team composed of last year's college foot ball players now attending the Har vard law school demonstrated on Sol dier's Field that they could "como back" with a week or two of prac tice , for by a score of 3 to 0 they de fcatcd the Carlisle Indians. The Indians came to Cambridge with a string of well earned victories and comparatively few defeats while the law school team had played but one previous gamo. A NEBRASKA BANK ROBBED OF $3,000 , STATE BANK AT GUSHING , NEAR GRAND ISLAND IS DYNA- ' MITED. Qrnnd Island , Neb. , Nov. 17. The Statrabank lit Gushing , Nob. , was rob- bci " Vly today by bandits who dyna- mil lie safe , wrecked the building , seen$3,000 and escaped. Sheriffs Hiilg 8 * ind Button are In put-milt of the n .Ys , A BHOLOUP \ IN'DEADWOOD BANK STRANGER FIRES AT CASHIER OF FIRST NATIONAL , MISSING TARGET. Deadwood , S. D. , Nov. 17. An un known stranger attempted to hold up Joe Poznansky , the cashier of the First National bank here , nt noon today. When the cashier ducked the bandit flrud , but the bullet missed Its mark. Other persons In the bunk overpow ered the robber and he was placed In ail. He declines to give his name. TWO BIG STEAMERS HURT IN COLLISION FRENCH LINER AND A GERMAN LLOYD MEET PASSENGERS PANICSTRICKEN. New York , Nov. 17. In a collision in the Hudson river today between the French line steamer La Lorraine , bound for Havre and the North Ger-1 man Lloyd liner Prinze Frederlch Wll- liolm , bound for Bremen , as they were drawing out into the stream to sail for Europe , both steamers wore badly damaged above the water line , and had to return to their piers. Passen gers on both liners were panic strick en at the time of the collision , but as surances of the officers that there was no danger speedily quieted them. TYPHOID FEVER AT ANNAPOLIS TWO MORE CASES DEVELOP , MAKING THIRTEEN CADETS NOW VICTIMS. Annapolis , Md. , Nov. 17. Two more midshipmen were sent to the naval academy hospital today suffering with typhoid fever , making thirteen cadets In all who are down with the disease ( nut seventeen as was erroneously re ported ) . Among the number are : Delanvan Bowner of Wisconsin ; Lawrence K. Fordo , Wyoming , and Bert F. Clark , Wyoming. Professor Henri Marcon. an Instructor at the academy , is also at the hospital from the same cause. The cases are declared to be of a mild nature. WANT IMMIGRANTS TO COME OUT WEST GOVERNORS OF SOUTHWEST TO ASK THAT LEGISLATION BE ENACTED. Springfield , Mo. , Nov. 17. John H. Curran , Immigration commissioner of Missouri , announced hero today that at his request Governor Hadley soon will call a conference of governors and immigration ofllcials of the south west to urge national legislation that wlllMlvert alien immigration from the crowded cities of the east to the un developed agricultural sections of the west. The conference will bo held at St. Louis in December. The call is a result of President Tuft's recent visit to Ellis Island when he said that leg islation was needed for a better distri bution of immigrants. NIP A MEXICAN REVOLUTION. Arms Had Bsen Distributed Through out Twelve States. Mexico City , Nov. 17. A revolu tlonary movement with ramification throughout at least twelve states of the republic has just been nipped In the bud through the vigilance of fed eral authorities. The movement was attributed to Francisco Imadero , erst- whllo candidate for the presidency In opposition to President Diaz and RIcardo - ardo Flourez MacGon , the revolution ist who served a prison sentence at Florence some years ago for violation of the United States neutrality laws. Arms and ammunition it Is said had been widely distributed and a concert ed uprising on a fixed date was plan ned. Secret agents of the federal gov ernment succeeded In several In stances In seizing papers In which the plans of the revolutionists were out lined. Effective measures were at once taken to thwart the proposed In surrection. "NOT A WORD" 1 SAYS TEDDY THE COLONEL STILL REFUSES TO DISCUSS ELECTION. BUT HE RETURNS TO NEW YORK "Not a Word Not a Word , " Exclaims the Colonel as He Bounds Out of His Touring Car In Gotham "You Can't Come Back , " Doesn't Get Word. New York. Nov. 17. "Not a word- not n word , " said Colonel Theodore Roosevelt In answer to a question as to what ho thought of the recent elec tion when ho returned to his maga zine labors today for the first time since November 8. "They are saying you can't come back , " ventured a reporter. "Not a word , " said the colonel as he bounded out of his automobile which brought him In from Oyster Bay and hurried Into his olllces. PARLIAMENT WILL ADJOURN NOV. 28 GOVERNMENT PLANS TO PASS BUDGET BEFORE APPEALING TO COUNTRY. London , Nov. 17. An apparently in spired statement Issued today fixes i November 28 as the date for the dlsso- j lution of parliament. The government it is asserted designs to pass the bud get before appealing to the country , the debate on the financial measure proceeding In the house of commons while the lords are discussing the veto bill. ' That the American dollar and the "Irish" dictator will figure largely In | the unionist campaign was Indicated by the excitement at the annual con ference of conservative associations at Nottingham this morning when Henry Chaplin , unionist member of parlia ment , and former president of the lo cal government board , In an opening speech denounced the government , which ho said was handing ever the rule of the cojntry to the "sworn en emy of England , who , with the gold of foreign millionaires aspire to dictate our destinies' " MORE RIOTING IN CHICAGO VIOLENCE IN GARMENT MAKERS' STRIKE BREAKS OUT ANEW. , Chicago , Nov. 17. Riots by striking garment workers broke out anew to day In several parts of the city after a lull of several days. About 300 strikers waited at the foot of Gault court , the home of many Italians , for hours this morning , and when the residents , employed in many Instances as strikebreakers , appeared to take street oars for their places of employment , the crowd attacked them. Police from a nearby station used clubs to break up the disturbance. Many of the strikebreakers wore girls. j Five hundred men and women gathered - ' ered at Halsted and West Adams I streets on the west side and with blasts from horns visited nearby clothing - ing shops and wore dispersed only after rough handling by the police. MAY MAKE NEW ALTITUDE MARK WITH 1,000-FOOT START , AVIATORS - ORS MAY GO HIGH AT DENVER MEET. Denver , Nov. ] 7. Now that the suc cess of the first days of the aviation meet here has demonstrated that Cole rado's high altitude and atmosphere has no seriously detrimental effect on the operation of aeroplanes , at least of the Wright biplanes , it is expected that a now world's record for altitude will bo established before the close of the meet here next Monday. The probability of a new record is ! based on the fact that the aviators have a start of nearly a mlle before they leave the ground , leaving less than a thousand foot climb between them and a new altitude mark. Whether such n record will stand as | the official altitude mark , or bo put in a special class , is a matter that would probably bo determined afterward. Hoxie , Ralph Johnstono and Walter Brookins , nil of the Wright forces , are appearing in the meet and J. C. Mars of the Curtlss will arrive Sunday. Hunt a Lost Steamer. Selkirk , Man. , Nov. n. On order from the government the marine do purtmont dispatched the steamer Lady of the Lake with a relief party to look for the missing steamer Wolverine , which was reported overdue Novem ber 10. At that tlmo It was said there were 200 fishermen from North Lake Winnipeg fishing stations on the boat , homeward bound from their season's work. LIFE'S DISAPPOINTMENTS ( Copjrrlebt , 1 10. ) TOLSTOI IS STILL ALIVE RUMOR OF HIS DEATH FOUND TO , BE UNTRUE. MORNING PAPERS PRINTED IT The Count is Still Alive and Dictating a New Article Doesn't Know the Countess is Near Him Angered When Son Arrived Reads Papers. Astapova , Russia , Nov. 17. Count Tolstoi's malady up to 4 o'clock this afternoon had taken no definite.turn. St. Petersburg , Nov : 17. It Aa re ported that Count Tolstoi desires a reconciliation with the Greek church , from which ho was excommunicated following the publication of his work , "Resurrection , " in 1901. According to today's papers the holy synod held a secret session yesterday at which the relations of the count and the church were discussed. Astapova , Russia , Nov. 17. The condition of Count Tolstoi at this hour , 11:50 : a. in. , practically is not beyond hope of recovery. Only his intimates wno nave been with him since his flight from Yasnaya Pollana are permitted at the bedside. The author's wife and others of the family who have como hero have been refused admission to the room in which the husband and father is lying lest their unwelcome presence excite the patient. Tula , Russia , Nov. 17. Count Leo Tolstoi is still alive and even said to bo slightly improved this morning. His condition , however , continues critical and for many hours the symp toms have been such as to give rise to frequent reports that the end had come. Such a report eminated from Moscow last night and it was some tlmo before its untruth could bo "es tablished. The aged author passed a restless night at the home of the station mas ter at Astapova , to which ho was removed when illness seized him dur ing his attempted pilgrimage from Shamardlno to the Caucusus where he had hoped to end his days in solitude. At 8 o'clock this morning the count was sleeping. His temperature , which was 101 last night , had fallen to 100. The Inflammation of the lungs was less menacing. On the other hand the pulse was alarmingly higher and Intermittent. The weakness of the heart action was the cause of the greatest anxiety and the physicians were prepared to resort to the use of oxygene. The case was aggravated by. the condition of the kidneys , which were greatly swollen and inflamed. Hasn't Seen the Countess. Countess Tolstoi has not been ad mitted to the sick chamber and oven the fact of her arrival has been con cealed from Tolstoi lest knowledge of her coming may over-oxcito him. The count was not pleased when the pres ence of his son Sergius was made known to him. When Sergius entered the room and was recognized by his father , Tel stoi was plainly angry and showed ills annoyance by asking : "Why did you como ? How did you know that I was hero ? " The younger Tolstoi pretended lie had learned his father's whereabouts from a railroad conductor , but the count was not satisfied with this ex planation. At the same time Tolstoi was delighted - lighted at the arrival of his friend Count Vladimir Tschortkoff. The lat ter remains constantly at the bedside with the physicians and Tolstoi's daughter , Alexandra. Ill as ho Is , the novelist continues conscious. His physicians have hum ored him by allowing him to read the newspapers and also to look over his latest favorite book , "Hadji Murat. " Ho has been permitted oven to dic tate to Alexandra a part of a now article. A crowd of press correspond ents who have been sent to the scone occupy the platform of the railway station as Astapova. During the night an attempt was made to communicate with Astopova from hero , but the flag station telegraph operator had retired and when a positive denial of the ru mor was finally secured many papers had gone to press with the announce ment that the noted Russian had pass ed away. LOWER PRICES GALLED A FARCE DR. WILEY SAYS THERE'S A MEAT PACKER PLOT AT WORK AGAIN. Washington , Nov. 17. The so-called reduction In the price of meats Is a deliberate manipulation of the mar ket , according to Dr. Harvey W. Wiley , chief of the bureau of chemistry of the department of agriculture in a statement made hero. "The interests which manipulated the prices upward , " said Dr. Wiley , "temporarily have released their hold on our throats for the purpose of get ting a fresh yrlp. The so-called reduc tion In moats is fictitious. "Its manipulation was deliberate , just as the increase in prices was un just , unreasonable and uncalled for by conditions , prevailing throughout the country. The prices were fictitious at the top notch because they wore forced there arbitrarily. "Developments will show that the interests are after some one It maybe bo some independent packer they hope to drive from under cover. " Secretary Wilson said that the an nounced reduction in prices was ab normal. He said it was duo to drought in the cattle raising country , increas ing the cost of hay. The farmer with little on his hands must pay $35 a ton for his hay and rather than do this he was sending his cattle and sheep to market. This accounted for the sud den tumble in prices , he said. "This tumble Is not at all normal and will not all bo permanent , " con tinued Mr. Wilson , "but a plentiful corn crop and plenty of grain will en able the farmer to feed freely and wo should get a lower level of prices. Lower prices are certain to come , pro vided that somewhere between the farmer and the consumer there is no combination nor agreement to keep them up. " MARY GARDEN WORE "THEM. " | And New York Got Real Excited Over the Double Hobble Skirt. Now York , Nov. 17. A double bar reled hobble skirt appeared on Fifth avenue for ten very exciting minutes yesterday , and then melted into the Plaza hotel and was lost to view. But the Interesting sartorial Innovation had rather a big time during its brief swift stroll from the Hotel St. Regis at Fifty-fifth direct , to the Plaza , four blocks further up. I To all effects the frock had been ! plaited narrow from waist to ankle , | but as the wearer hastily ran across the avenue to escape a green motor bus It was evident that it really con sisted of a pair of extra narrow hob ble skirts one for eacli leg of the wearer. More ttian forty women and not a few men waited on the pavement to see the wearer of the double barreled toddle skirt take up her line of march again , but seeing her audience , she hailed a passing taxi and was whirled to the Plaza. And everyone gasped and said : "Isn't It just like Mary Garden to spring a frock like that ? " For the wearer of the new and un- hobbled hobble skirt was none other than Mary Garden. WHY BANKER FORGED IT "I ONLY NEEDED MONEY FOR A FEW DAYS" BELLING. PACES IN TOMBS ALL NIGHT Third Vice President of the Bronx National Bank , Who Secured a $3,000 Loan by Forging Certificate of Stock , Has Invalid Wife. New York , Nov. 17. "I only want ed the money for a few days , " Charles A. Belling , third vice president of the Bronx National bnnk was heard to eay during the night as ho paced up and down the Tombs prison cell In. which ho was lodged when arrested late yes terday , charged with forging a certifl- catc of stock In the bank and obtain ing a $3,000 loan from the Knicker becker Trust company on this as se curity. It is alleged that Belling got $3,000 from the trust company on presenting what purported to be a certificate or twenty-five shares of the capital stock of the Bronx National bank stock worth from $200 to $220 a share. BellIng - Ing Is 37 years of age , Is married and lives with his wife , who is an invalid , on the upper west side. 1 ANTI-AMERICAN RIOTERS OUT. They are Expelled by the President of Nicaragua. I Washington , Nov. 17. The liberal leaders alleged to be responsible , for the anti-American riots at Leon , Me-1 | aragua , today were expelled from tjjat country by President Estrada , accord ing to a telegram received by the state department from 'Thomas B. Moffatt , United States consul at Blue- fields. PIONEER OF NEBRASKA. | Frank Thlelbalt of Lyons Dies In Lin- coin Sanitarium. Lyons , Neb. , Nov. 17. Frank Thiel- bait of this place died at the Nebraska sanitarium at Lincoln , aged 48 years , and unmarried. He leaves several brothers and sisters here and a father at Norfolk. The body was taken to Clearwater , Neb. The funeral will take place tomorrow. He was born In Illinois and was a pioneer citizen of Nebraska. Football Friday at Nellgh. Neligh , Nell. , Nov. 17. Special to The News : The next football game in this city will take place tomorrow af ternoon at the Riverside park Held. A combination team lias been formed at Elgin and will try conclusions against the strong Gates academy eleven of this place. The high school boys play their last game of the schedule Saturday afternoon - noon at Atkinson. As Wayne has ab- solutely refused to play their return match , It will probably be the last game of the suason unless flattering inducements may bo brought to bear on other high school teams from a distance. IIUNUIHUN OF THE WEATHER Temperature for Twenty-four Hours. Forecast for Nebraska. Maximum 49 Minimum I0 ! Average 30 Barometer 29.90 Chicago , Nov. 17. The bulletin Is sued by the Chicago station of the United States weather bureau gives tlio forecast for Nebraska as follows- Partly cloudy tonight and Friday ; warmer southwest portion tonight. SULLY'S ' SLAYER DOWN AN'O ' PUT JOHN R. PETRIE'S MONEY'-GONE ' AND HEALTH DROKEN. " 1 , SEEKS ADMISSION For Many Years He dervi T v ' jii.'I t > > ni ernment as Deputy Marsha } In QUth Dakota and Had Arr4ned ) < iQy fy a Thousand Criminal y ' . ' / < ' $ ' MltchelH S. D. , ' ' received In this city qday 'ty ) feet tliat Llout. Johpt'-ttiM4otrijof { } | ) Clmmberlaln was dc v.n \ and .Quthnt Los Angeles , Calif. , has applied for dler's home , because > money and broken in news will bo rccclved > < the many hundreds otffrlcnUrt trio throughout South"iDakotO'tT ! iplio was widely known asjjnf tcn dllaid worthy ofilcor of thoiJfoderaJlifw'ufn- meiit , having held thoiposlttdn lKlltllt- ed States deputy marshUhOj a' r at many years. fui\i \ ) WM * For over a quarter ofla c'tfhtut' rjur. Petrio worked out at Chafflborlaln'/lttid ' / In his capacity of marstial ha'sftraoficd down ever n thouBandircfilnIll < rtiho < > were wanted by the govornmenW'vVlio case was rare whero'iBolriq.ifttJlod to get his man , dead or , aUvovi JljsJlast and most notuble capture iyas tbnt of Jack Sully , wiio for years roamedjrttho prairies west of the Missouri ) rly/eMas / the leader of a famous ging ofihorso- thloves and cattle rustlers , who.suc ceeded in running off thousands--of ; horses and cattle and secretingithbm along the banks of the rlvor and''then ' driving them into market'atisome'ro- ' mete point from the scene of'stealing. ' Killing of Jack Sully. < K > Sully had all the officers standing-fin fear of him , for his reputation 'Was ' bad , and ho successfully carried but many a raid. Sully's last raid brought him to the end of his rope. Ho had succeeded in getting away with a big bunch of cattle and run them to the southern part of the state , crossed the J river over into Nebraska and stopped at Verdlgro , Nob. At that place1 ho was captured by a local officer and brought back into this state. For safe ty he was placed in the county Jall/at / Mitchell. He made his escape 'tr'dm the Jail ono Sunday night wheri'lho ' sheriff oj the county died , and'wftwe ' * by the vigilance of the officers " , } tyiB lacking for the moment. * Sully's friends were in waiting for him&pd | ' had been planning and walting'for'tho opportunity for him to escape. - Horses wore in waiting that night , and. ) his friends spirited him oft to the reserva tion west of the river. It wasi thfin that John R. Petrle was placed on .tho trail of Sully , vlth orders to bring.hlin in dead or alive. . .1 , > , Sully , thinking that Petrle would come after him , arranged with vtho ranchers and neighbors , whotVarned him of the approach of' tho1 do"puty when he appeared in the vicinity. Me tric anticipated some such actldii1 , 'ha ' he knew the ranchmen woro'friendly to Sully , and was compelled 'to-'go after him with a posse , After posting the latter , ho directed the rahchmen to ride up to Sully's liouso nnd'-te" ! ! him that Petrie was afterliinv'tind USd a warrant for his arrest and''that'Jno ' would best submit without troilble. ' f Bandit Is Shot ? " Sully only needed the warning'-to make his escape. Booted'aM'd1 ' spurred , the cattle rustler sprang frbfo &B cover , mounted his ovet/fraltlng 'nbrjie and dashed out Into the open aha1 down a hill us Petrie joined in 'the thtt'se , taking with him two of hV posse ? , Petrle ordered his men to'fl'reL.f | and thus take Sully aj'lve. ately the three men .commenced * ! \o \ pump lead from their Windliesters at the fleeing rider and MB horse , but one bullet went too high and drilledrAttole through the body of the desperado , who rolled off tV paddle and .teUslto the ground , but still shawlnBfflght--as the deputy and his possa rodo-upntBul- ly felt and knew that hU ttnujfjbBd tome when the bullet pierced hl8thdo > . Petrle kneeled benlde tha-sftvoumlflld and dying desperado and < pdftly' nb- vlved him with the cbntout : of his flask , and a few iiiomentai hitti'J3uly ! ! died. „ < > l , , vj To Coast Two YearsMgo. wj } This is but ode of themmny exploits which marked the career1 ofothe < once prominent Potrlo , and'vll prhctlcaliy closed his career on the iJlhlns' ' 'west of the rlvor. A couple1 of yoars' Hgo he went out to the Pacific'1 mist for the benefit of his health , and now comes the sad Information 'that he' is practically all in. * ' In the recently published 'hovel , "Langford of ttio Three Bars , " the in cidents of which are laid on the Sioux reservation west of the river , Petrio figured as the character of Marshal Johnson , In which much of his work as a deputy waa exploited. Petrio ep- listed in Company A , Second Illinois cavalry , as a i-rivnto. Ho was mus- torcd out of the service as a lieutenant ' of Company I , Ono Hundred and For tieth Infantry. Ho was born at Mt. 1 Morris , Ogle county , 111. , which ho claimed as hia homo. After Iowa Saloons. Des Molnes , Nov. 17. The Iowa anti-saloon league today filed injunc tion suits against cloven saloons at Keokuk. alleging violations of the mulct law The league | s making a crusudo against saloons Ju several eastern Iowa towns.