Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 16, 1902, Image 1

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    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