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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 16, 1902)
The Omaha Daily Bee. V - ESTABLISHED JUNE 19, 1871. OMAHA, TUESDAY MORNING, SEPTEMBER 1U, 100'J TEN PAGES. SINGLE COPY THREE CENTS. CALLS IN SENATORS fire f th Meet Inflneitinl Hit Appoint mint witk Pridril EotTtlt. DECLINE TO DISCUSS OBJECT OF VISIT lennUr Hani Expresses Dsnbt About V Intervention lettlinj Strike, PRESIDENT RECEIVES HIS NEIGHBORS Uinj of EU Callers Hst Known Him frem Childhood Up. SERVANTS OF HIS FATHER AMONG THEM Chief Eaecatlve ThorooaThly Enjoys the Occasion Has Pletnre Take with Sew York Police aaea. NEW TORK, Sept. 15. Much speculation waa caused tonight by the presence In the j city of five of the most Influential members : of the United States senate, all here on their way to meet President Roosevelt at Oyster Bay tomorrow. The Ave are Senator Hanna of Ohio, Senator Allison of Iowa, Senator j Aldrlch of Rhode Island, Senator 8pooner of ' Wisconsin and Senator Tlatt of Connecticut. The senators declined to discuss the prob- j ability of any particular question coming up at a conference with the president to morrow. In fact they said they know of no specific reason for the sending of the Invita tion to meet the chief executive at this time. Senator Allison said: "I am going to see the president at his Invitation, but be did not mention that others were to be there." Senator Hanna disclaimed all knowledge of the president's purpose in calling the senators together. "I do not know what subjects will be dlscuased at tomorrow's conference." hi salJ. Asked whether he thought the coal strike would be one of the subjects taken up, he replied that he could see that it would. ( "Do you think the differences between the eperatora and miners will be submitted to arbitration?" he was asked. He answered: "I am out of touch with the strike situation and have been for some time. At the present time I see no chance that the Civic federation may be called on to arbitrate." RecelT-sa Hla Xela-hbor. OYSTER BAT. N. T.. Sept. 15. President Roosevelt today received his friends and neighbors of Nassau county and between C.000 and 7,000 people shook hla hand. The reception was held at his country home on Sagamore Hill, and from t o'clock until nearly 6 he waa busy shaking bands and re newing old acquaintances. He met people today whom he bad not seen for thirty years and shook hands with men who had known him when he waa a child. The president thoroughly enjoyed the af fair and waa aa fresh when it waa over as when he began. He expressed his feelings to a woman In the crowd who asked him ir h waa retting-tired. '"Not a bit," be replied. "It takes mors than a trolley car to knock me out or a crowd to tire me." The weather could not have been more delightful. The decorators did their work thoroughly, and when the sun rose this morning It shone on a village reaplendent with color. Host all the public buildings and many of ths private houaea were adorned with flags and bunting. The moat effective decorations were along the road leading from the center of the town to the road that winds op Sagamore hill. Here, at a distance of every 100 feet, were huug large American flags which formed a can opy of atara and atrlpea, under which the people rode oa their way to Sagamore hill. The event, which passed oft so success fully, was in the' hands of a general com mittee, of which Frank C. Travis was chairman. The crowda began to arrive early from points on Long island, and by noon the village streets were crowded. ' Delegations came In from places near here and several special traina added their quota to the crowd. Starts at 1 O'clock. At 1 o'clock the members of the com mittees, headed by a band, atarted for Sag amore hill and they were followed by ve hicles of all deacrlptiona filled with Long laiandera. many of whom bad come a con siderable dlatance to greet the prealdent. The precautlona to guard the prealdent against any possible barm were of the moat thorough character. In addition to Sheriff Jobnaon'a 100 special deputies who had been aworn in for duty today a large number of aecret arrvlcs men end police men from New York In plain clothea were about the grounds. No one was allowed to go psst the president with a camera or a stick of any description. Cameras, va lises, canes, umbrella and In many cases overcoats and women's wrapa were taken from their owners and piled up under a tree aesr the porch. It waa 2:45 o'clock when the reception began. Prealdent Roosevelt stood oa his porch and shook handa with all. After passing him the visitors passed off tho porch along a road leading to the side of ths house, where lemonade was served, and thence by another road out of the grounds. On the porch with the prealdent were Mrs. Roosevelt, Sire. William Rooievelt, Miss Christine Roosevelt, Hiss Lorraine Rocse relt, Mrs. E. Reed Merrltt, Frank E. Travis. Assistant Secretary Loeb, Father Powera and Rev. Henry Homer Washburn. A Cosmopolitan Throat;. All sorts of people in all conditions of life Bled by the president. White and black, poor and well-to-do. women with babes in arms and several with dogs, small boys and little girls, all got a pleaaant smile and a lhake of the hand. Many were In line who tad known the prealdent all hit life and his lelight In renewing an old acquaintance was tpparent, but none gave mere pleasure than Ihe greeting of two old family servants, Haggle and Bridget Mitchell, who bad been ervants In hli father's family. They came from New York, where the now live, to tract the preaeident and to show him a photograph of hla father, and on of him elf when he was 4 years old. The president was delighted to see ths pictures and ths old servants and presented the sisters to Mrs. Roosevelt. During the reception number of bands (tationed on the lawn In front of the porch liacoursed music. "Garry Owen," "There Kill Be a Hot Tim la the Old Tewa To light." and "America," seemed to b the iavorltea, aa they were repeated a num ber of times. The Hlcksvllle Battery at the foot cf the till alao did Ita share to make ths affair I success and fired a continuous salute. A pleasing incident occurred toward the llose of lb reception. Th New York po- (Continued on Second Pag.) FIRST TRIAL AT THE HAGUE t ailed States and Meslen Take Inltla. live la Sabmltllan; riaa C'aae for Arbitration. THE HAGUE. Sept. 15. The hearing of the claim of the United Statu against Mexico, growing out of the ploua fund of California, commenced hare today before the International Court of Arbitration. At the opening of the court the foreign minister, Dr. R. Melvll Baron von Lladn. reviewed the history of the court, which, he said, bad been ready for buslneaa since Jan nary, 1901, but lacked ll"anta. He heart ily congratulated the -er-sea repub lic on taking the Inl' ( outcome and experience hoped tb ' would ' lb contribute to the maintenat. of the world. ' Or. Matzen, president of the . thanked the minister for hla friendly Inga, and said be hoped the court woult become the center of international right. The prealdent then opened the first session of the arbitration court, expressing the hope that the work of the tribunal would t harmonlie with the sublime Idea, which led to its establishment, and aald a glorious result w.s anticipated from the arbitration court, namely, to facilitate the peaceful aettlement of disputes between states on the basis of respect for right. The American and Mexican representa tives expressed their thanks for the wel come and said they had full confidence in the impartiality and equity of the court. In declaring in advance their Intention to abide by its decision the Mexican repre sentatives hoped that both great and small powers would follow the lead of the two great North American republics. ENGLAND MAY HAVE BIG TRUST ' tlHUUMlHU mm nmc uiu ,,WJ ' ' Dally Mall Affirms that After Much Secret Xenotlatlnn; Hail Makers Are Together. ! .hi. ; I1NDON. Sept. 16.-me L-ai.y morning declares that after many months of secret negotiations there has been erm,t an association of the leading British steel rail manufacturers for the purpose oi comro.nS - "V "- the output l lie in hid biicb". tered the association Include the Barrow Hematite Steel company, limited; Bolklow, Boughan & Co., limited; Quest. Keen Co. of Dowlais and Cardiff. Crawshay Bros, of Merthyr Tydvil. the Moss-Bay Hematite Iron and Steel company, limited; Charles Emmett & Co.. limited; the North eastern Steel company, limited, and the Rhymney Iron company, with an aggre gate of capital roughly estimated at 60, 000.000, not counting large debenture Issues. In view of repeated rumors and reiterated denials the announcement of the Dally Mall In spite cf its apparent olreiimstan tlallty of detail, must be guardedly ac cepted. As an Instance of the need of such an association the paper quotes a repre sentative of a prominent engineering- firm of New York as saying that since February he has placed orders In Europe for 600,000 tons of steel rails for America, of which 60.000 tons were placed. in England, 300.000 In Oermany and 150.000 in Belgium. The greater part of theee orders would have been placed In England but for the fact that the mills her could not accept them. The Daily Mall aays the representative In question added that. In 1902 the purchases 6f steel rails in Europe for America would amount to 1,000,008 tons, the major part of which would go to Germany unless Eng land woke up. KING LEOPOLD IS UNDECIDED Bclalnm Mtaarek Cannot Annoance Date for Haitian; Vnlted States and Ramors Are False, BAGNERE8 DE LUCHON. France. Bent. ' 15. Dr. Therraa, physician to King Leopold of Belgium, says the situation with regard to the king's visit to the United States Is , the same as It was February 22. when It j . announcec, on me autnorlty of an offi- j clal of King Leopold's household that. I while his majesty had on several occaaions. expressed a desire to visit the United States he had never resched the point of suggesting any date for the trip. "King Leopolds desire to visit America has. not changed," says Dr. Tnerras, "but absolutely nothing has been decided and in view of the health of Queen Marl Hen- liette, it la impossible to reach any de cision In the matter. The announcements from Brussels and Parts that King Leopold would visit the United 8tates In February or uarcn or next year are therefor unau thorised. CALL ON NEBRASKANS TO AID Peter Jensen Goei fa Canada ta Per "d Countrymen to Abandon Foolish Ideas. WINNIPEG. Sept. 15. Peter Jansen of Janaen, Neb., former repreaentatlve to tbe Paris exposition and a native Russian, has gone to the Yorkton district to co-operate with the Immigration officials In try ing to Induce the Doukhobors, who came from Russia, to give up th fantastical Ideas which have possessed tbem of late. Published reports of the craxy and unac countable actions of the Doukhobors have brought him from Nebraska, and he will try to dissuade them from chaalng away their cattle and leaving themselves desti tute of food during the coming winter. BOXERS ARE AGAIN ACTIVE a of Them Enter Chens; Tn Fa aad Start Triable Mllltla Xw oa Gaard. LONDON. 8ept. IS.-tA dispatch to tbe Standard from Shanghai says that a force of armed Boxers entered Cheng Tu Fu, capital of Sxechur province, September 15. Some of them were killed or captured In the streets of th city and tbe shops there are closed. Tbe military authorities are patrolling Cheng Tu Fu and the sltuatlou there is reported to be serious. PRESIDENT SARATOFF TAKEN Authorities Finally Corner the Ela lv Chief aad Macedonian Com mittee In Belnrad. LONDON. Sept. 16. Csbllng from Vienna, tbe correspondent of the Dally Chronicle aays a telegram haa been received from Belgrade announcing tbe arrest of M. Baratoff, president of ths revolutionary Macedonian committee, who ha been In hiding for some tlm. British Steasner Foaadera. COLOMBO. Ceylon. Sept. 15 It Is now learned that th British steamer Nlthsdals. news of the grounding of which on a reef south of Cardlva Island, la the Indian ocean, September I, waa received her Friday laat. has foundered. Part of lta crew has bees brought to this port. Ths captain and thirteen taf are believed t hav been drowned. EXPLOSION IN A COAL MINE Gai ted Pswder Oombins to Work Hstoo Hear North Fork, West Virginia. SEVENTEEN MEN IMPRISONED IN WORKINGS fire Follows After and There la 'So Hope of Saving; the I.lvea of Any of the tnfortnnnte Men. NORTH FORK. W. Va., Sept. 15. A gas and powder explosion occurred here today In the Big Four mine of the Algoma Coal and Coke company, as the result of which ties Lester, an engineer; John Reekie, ngarlao miner, and fifteen colored t are known to be Imprisoned In the u. . There la hardly one chance of the men being recovered alive, as they are beyond j the point where the explosion occurred The gas and smoke la so thick that all rescuing partiea have been driven back. H. Franken, a mining boss, and George Pierl, a Hungarian miner, succeeded In crawling over the fallen coal and slate after the explosion to the lights of the rescue party, and were taken out alive, though badly burned and aufTocated. The explosion is said to have been caused by an accumulation of gas catching on fire from the lamp of a miner, and this in turn fired six kegs of blasting powder, stored back In the mine. The explosion knocked down all the brattices for a quarter of a mile back toward the mine entrance, thus cutting ott of tbe ir ,rom the men mPriODed behind tne debr. There had been a email gaa explosion in this mine on Saturday last and Mine Superintendent A. J. Stuart had personally cautioned the men who worked in the mine not to attempt to work "Be-in untl1 tn a,r had been tested by a 8fetr mp The rescuing party, headed by Mine In spector Cooper, attempted to rescue, but were driven back by the want of air. It is now learned that the coal is burn- 1n and that there la no hope of extinguish- Ing the flames until a new air passage can be built to the point of the explosion. TEN DELEGATES ON CARPET Grand Jary Mill Grinding Away am St. Lou la Sensation, with Yoth 1ns; Sew Developed. ST. LOUIS, Sept. 15. The examination of the present members of the house of delegate, in relation to the city lighting bill and the defeat of the street railway bill, will be continued tomorrow before the grand Jury. Ten delegates were before that body today and each was detained but a short time. It was expected that Circuit Attorney Folk, who is prosecuting In the alleged bribery caaes, would go to Jefferson City today to appear for the state In the hear ing of arguments for and against the Is suance of writs of habeaa corpus for the release of tbe five ex-delegates now In jail here, but by reason of tbe statutory pro vision allowing his time after service of court papers ha was Dot compelled i go and Assistant Circuit Attorney Maloney repreeented him. The proceedings con sisted only of formally deferrln: the bear ing until next Saturday. Until then at least the habeas corpus petition by which Judge Chester hoped to secure the release from Jail of the five men charged with bribery and perjury can have no effect. Charles A. Gutke, one of the five former members of the house of delegates, con fined In the city Jail on charges of bribery and perjury, was informed today of the death of his 11-year-old son, who bad been sick for some time. The father broke down and weDt at the news, but declined to so home and aee the remains in the custody of , a deputy sheriff when Judge Douglass later j gVe him permission to do so Delegate Edmund Bersch. out on bonds .tln 145 000. volunteered to to to Jail in place of Gutke for a few days, in order that the latter might be at home un til after tbe funeral of hla son. Judge Doug las gave his consent to the substitution, the bonds of Bersch 'being transferred for the time being to Gutke. Judge Douglas later decided to accept Ed Butler and Henry E. Yermann on Gutke's ' b0D(1' nd tnerefor Bersch will not be called upon to make the sacrifice. MASONIC TEMPLE IS IMMUNE Judae Dana Restrains Collection of Last Year's Taxes On It by Is suing; Injunction. CHICAGO, Sept. 15. Judge Dunne today Issued an injunction restraining the collec tion of the taxes for 1901, amounting to over $36,000, on the Masonic tenfple. The injunction will put a stop to the sale of the big office building for taxes. The taxes in question, according to affidavits of the Temple association officers, hav been paid. Charges, however, have been made that a gang of tax fixers forged the receipt held by the association with a view to defraud ing the county of taxea. Several men have already been Indicted for the conspiracy. The People's Gaa, light and Coke com pany today tiled an appeal bond for J600.000 In the 75-cent gaa ordinance case, which was dismissed by Judge Grosscup July 30 for want of Jurisdiction. An assignment of error was filed and the appeal allowed by Judge Kohlsaat In the federal court. Notice was served on the city. This appeal is another atep taken by the gas company to frustrate the endeavors of the city to force th corporation to serve its palrona with gas at 75 cent per 1.000 feet, instead of $1 net, aa at the present time. The city maintains a right to regulate th price of gas under an ordinance passed aome time ago. The company, on the other hand. In sists It has the power to set its own price The case haa been dragging In the courts fr several months. SOUTHERNERS BAR THE NEGRO Radical Faction Sec are Control of a Republican Executive Commute Down in Alabama. BIRMINGHAM. Ala.. Sept 15.-Th re publican executive committee haa refused the admittance of negro delegates to the state convention, which meets tomorrow. This action was the result of aeversl hours' strenuous struggle today between those of the new regime known aa the "Lily Whites" and those not in Tavor of barring out th negroes. The elimination of the negro waa ac complished through th passage of a reso lution, on a vote of IT to 10, adopting ths report of the subcommittee which was ap pointed at th meeting of the full com mitte oa Saturday, and which had con sidered all contesta and paased on all cre dentials presented by the delegates. When this report was read today not a alngle negro's name appeared oa it. although aaa aa-ra had preat4 credential. MONEY MARKETSTILL TIGHT Hate Toaehes Twenty Per Cent, with Small Slat atj Present of Easier Conditions. NEW YORK, Sept. 15. The money market today gave smsll sign of easier conditions. From the time it opened until the close, rates In the call loan market were high, touching 20 per cent early in the afternoon. On tbe stock exchange., the trading was dull all day, and at times almost stopped. Money on the stock exchange opened at 15 per cent bid today, the first loan being at that figure, after which it reacted for a few mlnutea to 12 per eent, followed by a gradual return to tbe earlier figure. LONDON. Sept. 15. The financial situa tion in New York create general public in terest here and practically monopollzea at tention in financial circles. The Standard says: "A small parcel of gold has been secured In Paris for shipment to New York, but not, however, as an ex change operation. The bulk of the large amount of gold on the open market In Lon don has been bought up at TTs 9Hd per ounce in anticipation of a further decline in New York exchange and New York's ne cessity of importing goid. The money mar ket regarded the proposals brought forward by Secretary Shaw regarding the money pressure in New York as Inadequate, conse quently there was no slackening of the dis count rates." Long special articles in the London press this morning give details of the money sit uation in New York. Tbe Dally Chronicle commences its financial article by saying: "So far nothing has been done In the way of buying gold for export to the United States. Some inquirtee trom that quarter were made yesterday, bol nothing resulted, although one or two parcels of bullion were bought on speculation. We are not greatly appalled at the prospect of large gold ex ports, because New York speculators have first of all to find money wherewith ts pay for them. Our market la sbarply divided In opinion as to whether gold in large amounts will be immediately required. ' The argu ments pro and con are anything but con vincing, in view of the fact that the amounts of money already borrowed by Wall street operators In the London, Paris and Berlin markets to enable them to sustain their In sane gambles are so large that many per sons believe that the surplus for the pres ent season shipments of the products of the United 8tates will not suffice to liquidate this Indebtedness. Further moneys will con sequently have to be borrowed In order to pay for the imported bullion. That doubt less can be done and possibly the surplus from excess of exports over Imports would suffice to liquidate such a fresh debt and a portion of the old debt. The operation, how ever, would be surrounded with difficulties and we dono t think shipments of gold to New York can aaauuie large pruporiious un der any circumstances. Our market, how ever, is undeniably a trifle nervous." PEARY IS ON HIS WAY HOME Secretary of Arctic Clah Receive Dis patch from Explorer, Dated at Labi-alar. NEW YORK. 8ept J KB. Herbert L. Brldgeman, secretary off Peary Arctio ciufc, received a dpatcbs f Vr fcosa Lieu tenant R. E. Peary, the Arctic explorer, dated Chateau Bay, Labrador. Lieutenant Peary says he kt on his way home on relief ship Windward and that all on board are well. Beyond the dispatch of today Mr. Bridge man has no information aa to the move ments of the explorer, who sailed with his expedition to tbe north pole July 4, 1898. Mr. Brldgeman left Lieutenant Peary at Cape Sabln, August 29. 1901. Tbe relief ahlp Windward left New York In June last to find the Peary expedition and has evi dently been successful. Mr. Brldgman left New York on the mid night train for Boston, whence he will go to Sydney to meet the explorer on his ar rival there. Dr. Dederlcb's message also said that the doctor had left his quarters with tbe Eskimos st Etah and had gone to Peary's winter headquarters to offer his services if needed. In his message to his wife Dr. Dederlch touches on one point that is of tbe great est interest as throwing light on his rela tions with Lleutenaut Peary. It will be recalled that when Erick, the Peary relief ship of last year, returned last autumn, leaving the explorer to make a dash for the pole this summer, it was said that Dr. Dederlch, who had for three years been Peary's surgeon, had been left alone at Etah and would have to depend upon hla own unaided reaources to exist during the long, dark winter. It was at first Intimated that Dr. Deder lch had been marooned as a result of a disagreement with Peary, but this was em phatically denied later by tbe officers of the Peary Arctic club. Dr. Dederlch'a wife waa entirely satisfied in her own mind that her husband's reaaon for remaining was be cause of his fine sense of honor and his devotion to Peary despite the difference that had arisen between them. FIGHT ON EXCURSION TRAIN Kesrroes Create Disturbance and the Condnetov Is Utterly Power less to Interfere. DOVER, Del., Sept. 15. A free-for-all fight among thirty or more negroes on the excursion train of the Queen Anne railroad from Rebotha, Del., to Queenstown, Md., oc curred as the train waa leaving Rebotha. One colored man was shot and killed. At Hickman, Del., terror reigned to such an ex tent that Fred Clifton, tbe conductor, had no control over tbe crowd, who threatened his I life if be interfered. Windows were smashed and several persons were seriousy Injured. Tbe sheriff of Caroline county was tele graphed to meet the train at Hickman and make arrests, but he had not arrived when the train left. The sheriff at Centervllle, Md., was sent for, who. with several depu ties, took a special car over the Queen and rode to Queenstown. where several arrests were made. The white paasengers on tbe train fled to the baggage room for protec tlon. TWO VICTIMS OF GAS FUMES Towns Men at Ann Arbor Unfamiliar with Its Ise Foand Dend In Their Room. ANN ARBOR, Mich.. Sep. 15. Two young mn. L. W. Bruskl and Joseph Kiersek. of Posen, Mich., were found desd on the floor of a room In the Newman house here to day. From letters in the pockets of the men It is evident that Klerxek had come to Ann Arbor to have his eyes treated. The men said when they retired that they were not accustomed to using gas light. It is supposed that they got up in the night for soms purpose and turned on the gat, thinking this would produce light. When found th bodies were lying on the floor, where th men had evidently been overcome whila trying t reach th door. CALDWELL INQUEST BEGINS Teitimonj ghewi that Blowi Wen Not Dealt by Striken. PERKINS AND CHADWICK ARE RELEASED Dr. Lavender Saya Death Was Caaaed by Concnaslon of Brnln, Prob ably Rraalt of Kick la Rack of Head. The inquest over the body of Earl Cald well, the Vnion Taciflc machinist who was the victim of the Cass street tragedy early Sunday morning, begin at 2 o'clock yester day afternoon In Coroner Bralley's rooms at Twentieth and Cuming streets, and the testimony of the three witnesses examined confirms tbe essential features of the story published in The Bee. The examination was continued until t o'clock this morn ing. George L. Perkins and Raymond Chad wlck, aged 20 and 17. respectively, former apprentices in the Vnion Pacific shops, who were among the strikers arrested In connection with this case, and Dr. W. R. Lavender, who conducted fhe autopsy over the body of Caldwell Sunday, were the witnesses examined. Perkins and Chad wick were released from custody after the hearing and the seven other prisoners, all of whom were present at the inquest, were returned to tbelr cells in the county Jail to await the completion of the inquest. County Attorney Shields conducted the examination for the state and at his side sat Edson Rich, the t'nlon Pacific attor ney, who took a leading part tn the ex amination of the witnesses. Ed P. Smith repreeented the Vnion Pacific atrlkers In terests. The Jury selected for the occa sion waa composed of these gentlemen: Steven Hansen, H. S. Mann, George R. Rathburn, E. N. Stanberg. C. M. Blach man and St. A. D. Balcombe. M. W. Ball, the companion of Caldwell, who survived the tragedy, was present. He showed the effects of having been badly assaulted. Two Witnesses Aarree. George L. Perkins was the first witness placed on tbe stand. Young Perkins told an apparently straight story, which was corroborated, in nearly every detail, by the statement made by Chadwlck later. Neither of the boys was thought at tbe outset tr have had any part whatever in tbe assault ing of Caldwell or Ball. On the essential point as to who began the fight which ended in the death cf young Caldwell, these two youthful witnesses agreed absolutely. They both stated em phatically and without hesitation that Joha Rp!!man precipitated th affair by striking the first, blow, which landed on Caldwell's left Jaw and knocked him to the ground. John Spellman Is not a striker, but an em ploye on the contract work on the Vnion Pacific's new shops. As to who was responsible for th blow that caused Caldwell's death neither of the witnesses could tell, but they both stated that John Spellman did not stop after hit ting Caldwell once, but followed this blow up and fell or Jumped on hla victim whom he hsd knocked into a ditch at the edge of the gldrwjajk. ,t Whether In th mixun, nith Caldwell in tho ditch Spellman dealt the blow that killed him, Chadwlck nor Perkins could not say. Both the witnesses implicated Jack Mc- Kenna, the other employe on the contract work of the Vnion Pacific, and the pal of John Spellman, 'as the man who atarted the attack on Ball. McKenna, it waa brought out, had never been a striker nor an em ploye of the shop. Posplsll Not There. Young Perkins stated thst he had been regularly assigned for picket duty Saturday night and was to stay at his post all night. He said that he, John and Mike Spellman, (the latter is John Spellman's father), Jack McKenna and Raymond Chadwlck were standing together when Ball and Caldwell, tbe Lnlon Pacific employes, came along on their way to the shops. He declared that Charles Poplsll, the "tall man" whom Ball assured the police was one of Caldwell's assailants, was not present when Ball and Caldwell made their appearance or when the fight occurred. He said that PosdIsII did not arrive until about ten mlnutea after tbe affair and therefore had absolutely noth ing to do with it. Perkins likewise stated that John Kerri gan, another striker positively identified by Ball aa being a participant in the fight, was not present when the affar occurred and did not show up for some time after ward. Chadwlck corroborated these state ment, both as to Posplsll and Kerrigan. Perkins did not see anyone else hit Cald well except John Spellman and did not see Bail attacked by anyone but McKenna. He saw Mikn Spellman standing there with a small piece of a broomstick in his hand, but did not see him take a hand tn th fight. Close cross-examination failed to bring out any statement from either Per kins or Chadwlck that old man Spellman or anybody else but young Spellman bit Caldwell. Neither of the boys saw any weapon used during the entire fight. Mike Spellman Talked. Perkins admitted that he heard Mike Spellman say after the assault upon Cald well and Ball: "Well, I got one good whack at him with my club, anyway." He was unable to aay whether It waa Caldwell or Ball to whom the elder Spellman re ferred. It was brought out very clearly by the testimony of both Perkins and Cbadwlck that Jack McKenna and John Spellman had been drinking heavily during the nlgbt and that they bad ahared their bottle with Mike Spellman. They both were under the Impression that John Spellman and Mc Kenna were drunk, but were confident that Mike Spellman waa pot. Both the young men were queatloned very closely by the attorneys on each side as to what Instructions they had received on that and other nigb's from their lodge officers who assigned them to picket duty. They both were clear-cut and emphatic in their replies that they were always in structed to talk to all the nonunion work men they could find and try to persuade them to leave the ahops, but under all cir cumstances to refrain from violence in an form. They say they were working under Mike Spellman, who waa lieutenant of tbe picket force to which they belonged, and that on that very ntght Mike Spellman had admonished them to be careful of their conduct and by no means strike snyone. The young men said they had been doing picket duty ever since the strike began and that they had never violated the orders given tbem. Doctor Describee Injarles. Dr. Lavender gave a minute and scientific description of the injuries which caused Caldwell's death. The .fatal blow, be said, was dealt in tbe back of the head, near th base of the brain, on the occipital bone, near the right parietal, and produced a alight fracture of the skull sbout ha'f an inch In length. The blow produced a hem- (Continued oa Bcead Page.) CONDITION OF THE WEATHER Forecast for Nebraska Partly Cloudy Tuesday. Wednet-day Fair. , Trmnerntarc at Oannha Yesterday Honr. Dea. Hoar. Dev. It n. m AS 1 p. m T H n. m (I 2 p. m TT T n. m rH 3 p. m TT Hn.ru M V p. n TH a. m VI B p. m Trt in a. ni rt p. m T4 It a. m Tl T p. m 7J 12 m T.t p. m To O p. m IH TEMPORARY STEPS GIVE WAY- Five Hnndrrd People Are Precipitated la a Heap to the Groand. ST. PAVL, Minn , Sept. 15. While l.OOo people were struggling to get Into the new Sons of Zlon synagogue to witness the dedicatory exercises, the temporary steps leading to the entrance suddenly gave way and 500 people fell In a heap. Men and women screamed and fought to get out of the mass and It was only by prompt effort that a panic was averted. The police platoon, which led the proces sion to the church, broke rank and rushed Into the crowd, preventing frantic men, women and children from crushing one an other In the scramble to get out. When quiet had been restored It was found, ex cept for a few who were bruised and cut, no one had been fatally Injured. Mrs. Isaac Goldstlmme waa badly brulaed about the body and face. Delia Rosenblaum, a 10-year-old girl, was caught tn the crash and bruised badlr. Sam Rolsner, a 9-year-old boy. had bis foot crushed between the breaking tim bers. Several others received cuts and bruises and other minor Injuries. Senator Moses E. Clapp. Mayor Robert A. Smith, Congressman F. C. Stevens and several prominent rabbis of the church had Just stepped off the steps to the walk when the crash came and so escaped In Jury. They were the first to assist those who had been caught In the falling tim bers and helped to restore order in he frightened crowd. JUSTICE HORACE GRAY DEAD Retired Supreme toort Jurist Passes Away at Summer Home In Massachusetts. LYNN. Mass., Sept. 15. Justice Horace Gray, who recently retired from the Vnlted States supreme bench, died at his residence in Nahant this morning of paralysis. He had been In poor health for some time. Since his retirement he has been stsytng at his summer home. Judge Gray was born In Boston, March 24, 18-8, and was graduated from Harvard college In tbe class of 1843 and from the law achool in 1849. He was admitted to the bar in l&sl. Hew as reporter of the supreme Judicial court of Massachusetts from 18o4 Until 1861. He was appointed associate justice of that court In 18S4 and chief Justice in 1873. President Arthur commissioned him as associate Justice of the supreme court of the Vnlted States December IS. 188L MORE DELAY IN CARTER CASE Jndae Kohlsaat Extends Tim Closing" Testimony to Last of Januurr. far cuirmn a. iRAnnthr tiv in the hearing of the Oberlln M. Carter case In ' Junction had been served. We are tbere the Vnlted States circuit court was made fore, in tho sight of this injunction, in con tiecessary today by an order of Judge tempt of court and are subject to arrest. Kohlsaat extending the time for closing but we believe we aro within th range ol testimony until January 29. Before the common law." proofs are completed It Is expected that Substance of Petition. Captain Carter himself will be temporarily! released from Fort Leavenworth prison long enough to present his sworn testi mony. This is the case Ir, which the fed eral government is seeking to recover a large amount of funds which Captain Car ter and his relatives had and which are said to be part of the proceeds of an il legal deal with Contractors Gaynor and Greene. OPENS MERGER CASE AGAIN Government Investigation of North ern Securities Technically Brains In New York. NEW YORK. Sept. 15. The government Investigation of the acquirement of the stock Of the Great Northern and Northern Pacific companies by the Northern Securi ties company technically began in this city today. Thi commissioner appointed by the Vnlted States court for Minnesota, F. O. Tnrnl1 will tinM tti Sm h.,n V. tomorrow. The defense met Mr. lngersoll j palr tnelr PrPertr the' m' con and the solicitor general, J. T. Richards. In tract tor carr',lD tb m,iu ,n1 uBer ronforenc. tnrw r.. . 1 Joss through the destruction of property; until tomorrow. The solicitor general will conduct the case for the Vnlted State.. REPORTS ON FUNERAL RIOT Mayor Lew's Committee Consider In snltlnsT Spectators Responsible for Interruption of Obseqales. NEW YORK, Bept. 15. Th committee appointed some time ago by Mayor Low to Investigate the riot at tbe funeral of Chief Rabbi Joseph Jacob on July 30. reported today that the primary responsibility rested on persons in the establishment In front of which the riot occurred. In that these persons Insulted the funeral procession. Police headquarter Is censured for not providing more protection to the large procession. FOR ROBBING UNION PACIFIC Edarar H. NeaT I Sentenced to Serve at I.t Two Years, Having; Con fessed Embesslement. DEWER, Colo.. Sept. 15. Edgar H. Neff pleaded guilty In the criminal court today to the embezzlement of 18,620 from tbe Vnion Pacific Railway company and was aentenced to serve two t five yesrs at hard labor tn the penitentiary. Neff was cashier In Denver for the freight house of the Vnion Pacific. Movement f Ocean Vessel Sept. 18. At New York Arrived Hohenzollern, from Bremen ari Southampton; Moltke, from Hamburg; Mtnnetonka, from London; Taurlc, from Liverpool. At San Franciaco Arrived Ventura, from Sydney. At Gibraltar Arrived Trav from New York. At Bremen Arrived Kaiser Friedericb der Oroste. from New York. At Cherbour -Hailed Bremen, from Bre men, for New York. At Glasgow Arrived Astoria, from Nw York, via Movllle. At Plymouth Arrived Kaiser Wllhelm der Groese. from NVw York. At Southampton Arrived Koenlgen Louise, from New York. At GlDgow Arrived Carthagenlan, from New York At Liverpool Arrived Celtic, from New Took. COURT ENJOINS MEN Judgs McPherson f Iowa Bigng Order Drawn by Railroad Lawyers, INJUNCTION IS SWEEPING IN ITS TERMS Seeki te Prevent Mainteeaio of Picket Liiei hj the Strikers, ALSO DRAWS LINE ON UNION BULLETINS Labor Leaden Deolare Cctrt Striked at Their Personal Liberty. THEY WILL CONTEST LEGALITY OF ORDER President MrSell of Boiler Maker and Vice President onion of Machinists Comment an Action of t'onrt. Vpon sppllcatlon of John N. Baldwin, at torney for the Vnion Tactile, Judge Smith McPherson of Iowa, acting as Judge of tbe Vnlted States district court In and for Ne braska in place of Judge Munger, who was absent from the city, yesterday Issued an order restraining the strikers and their sympathizers from in any way Interfering with the company and its employes. Vnlted States Marshal Mathews served tbe first copies of tbe restraining order at 1:30 In the afternoon on these strlkera and strike leaders at the Midland hotel: P. J Conlon, first vice president of the Interna tional Association of Machinlata; Georgt Mulberry, third vice president of the samt organization; George W. Smith, A. 8. Mil. dred and George L. Hurst, members of tht local executive committee of machinists; J, J. Dlnan and F. B. Roberta. Vice President Conlon Immediately ar ranged for a meeting of as many striken as possible at Labor temple at i o'clock so that Marshal Mathews could serve hli injunction without having to apend sev eral days looking up each man. Accord ingly a large number of the men mentioned In the injunction congregated at Laboi temple and accepted service. Mr. Mathews said: "Mr. Conlon and hit associates have been very kind in fa cilitating my work in this way. They mel me very cordially tn the first place and have materially lessened my task by bring ing the men together." Feellna; of Indlsjnatlon. There is a general feeling of Indlgnatloi among tbe strikers over the context of tht Injunction, which tbey are confident Is the product of John N. Baldwin s brain. They regard it entirely too sweeping and do nol believe It can be enforced. "We will violate certain provisions ol this Injunction." said Messrs. Mulberry end Conlon to a reporter for The Be. "There are provisions which strike at our peraonsl liberties, and we will not amicably submit to them. Wo are not desirous of breaking any law, but we do insist on having our rights. Th ninth provision seeks to de prive us of our privilege of f re speech and the use of a free, ptee which the" cenetltu- tlon of this country places at our disposal, and agalnat It we feel a bitter antagonism. It seeks to prevent ns from sending our dally bulletins to our members In other places, but you may say that our bulletin i today goes out jus i tne same as ir no in- The petition upon which the restraining order was issued was filed after 10 o'clock and within half an hour tbe order was signed by the Judge. In the petition the complainant, the Vnion Pacific Railroad company, alleges that a laige number of the employee of the company a tew months ago quit Its employ and sine that time have been on what is commonly known ai J a strike; that tbey have congregated at and ! sr0UD(I tBe ehopa and premises of th com pany in sucn numoers as to require ins presence of a large number of guard td protect the property of tbe company; thai the defendants are destroying th property of the company and doing acta of violence against th employes; that the company hai a contract with the United States govern ment for carrying ths malls, and that the action of the strikers ha been such as to j make it practically Impossible for ths com ' pany to secure men to take th place of j those who quit work, which tbey could do I if it were not for that action, and that by i reason of their failure to secure men to re- i tDilt tDe tr'k" hl ieiti tn Uw nd properly constituted authorities of tbe city of Omaha; that the loss to tbe company by reason of the action of tbe strikers may amount to many thousands of dollars, which tbe defendants are not able to make good at an action at law. Th petition was printed, showing that th action of tb company had been contemplated for some tlm. Order Is Iwstplsg, The order, which was also printed, with blanks left for the signature of the judga and tbe date of Ita lasue, is directed against 145 persons byname and "all others aiding and abetting aald defendants and who shall have knowledge of the writ or upon whom it may be served, and each and all of them are hereby counaeled and dtrected to refrain: From In any manner interfering with th free use and occjpation by the Vnion Pacifies Railroad company of all Its prop erty and premises of every kind and char acter and from In any manner interfering with any of its officers, employes or agents either by way of threats. personal violance or any other forcible or violent means calcu lated to prevent or intended to prevent such employes, agents or officers from entering the employ of said Lnlon Pacific Railroad company or from continuing in the employ of said company or which are Intended to indue sui'h officer, agents or employe to leave the service of oald company. From Interfering with, intimidating by violence, molestation or threatening In any manner the agents, officers or employes of said Vnion laclflc Railroad company and by nreana or sucn interference, in timidation or threat endeavoring to in duce sjch officers, employes or sgnni to leave th service of said company. From congregating, assembling or loiter ing about or In the neighborhood of tb piemiae of said l nlon Paclne KaJiroad company with Intent to interfere with Its employes or wltb the prosecution of their work and from lnterfcrii-s with or terror izing or Intimidating tne employes of aald company with tbe pur pom and intent to cauo them to leave th Service of said company or to prevent or Interfere with any such employe in going upon, about or oil said company s property and premise. Must Sot Go an Premise. Prom going upon th premises and prop erty of said Vnion Pacific Railroad com pany at Omaha and trom Interfering with the free arcrm of the employes of said company tu tnelr places of work and to th.ir return to their homes. From congregating or assembling at or near the gates or entrances to th prem ise of aald railroad company and th dr XuatianU ax mmrnanaaU to dior asm