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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (April 21, 1903)
JCSTANLISIIED JUNK 1, 1871.
OMAHA, TUESDAY MORNING, AP1UI, 21, 1!)03 TEN PAGES.
SINGLE COPY THREE CENTS.
ERIE WRECK FATAL
Chicago Flyer Crashes Into Freight Train
Which it Taking a Siding.
EIGHT DIE IN RESULTANT COLLISION
Eng'm and Can Jump Traok and Damoliih
Ktarbj 6chxl Home.
Fire spreads among pile of debris
Vlctima Barred Beyond Sacognition When
Besoum eeach Them.
COAL FREIGHT SPREADS AMONG FLAMES
niters Threach splintered Wood
Helping; l Keep Coaltgndoa
Hearts aad lataaalfrlas;
JAMESTOWN, N. Y., April io. Eight per.
aona are dead and ten injured, three of
them seriously, as the result of a col
lision between passenger and freight trains
en the Erla railroad near Redhouse, N. Y.
Of the dead only one, Robert N. liotch
klss of Mesdvtlle, Pa., a brskemsn, his
been identified. Seven bod lee. apparently
those of three men, three women and a
child, were burned beyond recognition In
the Here Bra which followed the wreck.
The women are said to have boarded the
train at Youngstown. and to hare come
from Pittsburg. -
R.. MoCreadr, a mall weigher of Mead
villa, Pa., and Prank Barhlta of James
town, a traveling salesman, are missing
and it. Is likely two of the unidentified
bodies are those of the two men.
V r The wrecked passenger train was known
as No. 4, running from Chicago to New
York. The engine was in charge of En
gineer Samuel Cook and Fireman Fred Bell
of Meadvllle. The train waa made up of
one combination car, ' two dar coaches,
three sleepers and two private cars. The
train was derailed by striking a freight
taking a aiding at Redhouse. The wreck
at onca took fire and the combination car,
two day coachea and two eleepers, together
, with several freight oars, were consumed.
" There is soma dispute aa to the cause of
I the wreck. The passenger train was run
A, nlng east and the freight, which was west
bound, had orders to go onto the siding
and await for It to go by. The siding Is
about a milo and a half long and there Is a
tower ml the block system near the west
end. ' .
The freight waa drawa by two engines.
Borne trouble was experienced In entering
the siding and the foremost engine of the
freight waa aent with a flagman to bold
the express. It Is alleged that the operator
in tha tower, Lawrence Vale, a boy 18
years old, aaw the light on the engine and
aupposed tha freight waa on the aiding
behind it. Vale then displayed a white
algnal toward the passenger train, Indicat
ing that It had a clear track. The engi
neer on the passenger failed ta tee the
( - JUgraaa aad onlr sew .tka clearance algnal
.from tha tower. T"' The train ran toward
the eaat end of tha siding at high speed
, and collided with the aecond engine of the
J freight Just aa It was about to clear the
wain )tne. . .
' The passenger engine and some of the
coaches crashed into a small wooden struc
ture nsed aa a feed store and school house.
The first halt dozen cars of the freight
i were wrecked and the coal with which they
. were loaded filled in among the burning
wreckage, creating an Intense heat. All
but three of the express cars followed the
engine and the whole mass of wreckage was
soon in flamea. The tracks were strewn
for rods with burning wood and coal and
beapa of twisted Ironwork.
No 4 Is one of the fastest trains on the
Erie. The two private cars attached to
it today were occupied by W. J. Murphy,
-.bis wife and two officials of the Queen &
Crescent railroad, and J. L. Frazler gen
,f eral superintendent of tha Clover Leaf, All
. escaped uninjured.
TORNADO DESTROYS A TOWN
C Peal, la Neosho Cennty, Kiaiai,
U Visited by a Dailr
TOPEKA, Kas., April 10. Word haa just
reached hers of a tornado at 8U Paul.
Neosho county, Saturday night, which
destroyed a great amount of property and
Injured flvo people, four of whom cannot
Mre. David Chamberlain and three mem
bers of ,a German family named Longham
will die, It la thought. David Chamberlain
hao bruises of a aavera character, while
several other persons sustained minor
The three atery brick school building
was entirely destroyed, and the homo of
David Chamberland, Mr. Longham and Mrs.
Melluse were blow away. Many houses
were unroofed. The depot platform was
carried from tba townstte,
The tornado Jumped a building occa
sionally taking a house here and a barn
there. Tba storm lasted about five
Near Cherryvale all the buildings on the
farm of Stanley Foster were demolished.
Mr. and Mra. Foster were injured badly and
their S-year-eld child was fatally burl. Ilia
latter suffering a fractured skull.
NAVAL COMMANDANT IS HELD
Warrants Iaaaa tor Arrest of Porto
Rleaa Ofletal Charged with
IAN JUAN. P. R.. April !0. Chief Hood
of ths Internal revenue department haa
sworn out warrants for the arrest of Cap
tain Andrew Dun lap, U. S. N.. commandant
of the naval atatlon here, and Robert Giles
for bringing la liquors from the Island of
St. Thomas on the lighthouse tender Laurel
without paying duty.
Giles haa appeared and waa held under
f 1,000 bond for trial before tba Insular
LIGHT CLASHES WITH RAILS
felnrada Eloetrlcat Companies K.
Joined from laterferiaa; with
DENVER. April 20. Judge DeFraace of
the district court at Golden has lasued
an Injunction restralniag tba New Century
Light and Power company aad the Hydro-
Electric Power company from Interfering
with tba Denver, Northwesters at Parian
Railway company; la building Its Una
through Gove caayoa, in Grand county.
Tba New Century company today filed
another application for tha land with the
auts laud hoard.
MARRIES UNDER FALSE NAME
I'Mlmai Ana am Fa Title at a Prlne
' sa la Wedded o a
LONDON, April 20. William Browti, a
ootman, was remanded today at Portsmouth
on the chargo of making a false entry at
the registry office there In tho middle of
December last, when, under tb-v name of
"Prince Atbrohald Stuart d! 7 ho
married Counters Russell, wh ' a
divorce from her husband, Earl' "hl ,
the ground of the earl's bigamy ln"v '
Ing Mrs. Sommervllle in the United Suw
Countess Russell was the first wife of
Earl Russell. On March IS. 1901, sho ob
tained a decreee of divorce from the earl
on the ground of his bigamy in marrying
Mre. Mollle Somervllle at Renn, Nev., the
earl having previously obtained a divorce
from the countess in the United Statea on
the ground of desertion.
The earl subsequently was arrested in
England on the charge of bigamy, was tried
at the bar of the House of Lords, pleaded
guilty and waa sentenced to thm months'
imprisonment as a first-class misdemean
ant. The court'a decree of dlvoree was
made absolute October 2S, 1901, and the
earl again married Mrs. Somervllle October
Countess' Russell's maiden name was
Mabel Edith Scott. She was the eldest
daughter of the late Blr Edward Claude
NO HITCH IN THE TREATY
Kearotlatloaa with Caba Are Progress
ion; la a Moat Satisfactory
HAVANA, April 20. The correspondent
of the Associated Press Is autborltaMvely
Informed that there is no hitch in the ne
gotiations for the final trcatloa between
the United States and Cuba, the only dif
ferences thus far being on the subject of
detail covering the acquirement of private
properties for purpose of naval stations.
The Cuban government- prefers to pur
chase these lands and lease the whole, to
gether with the government lands required,
to the United States for a nominal consid
eration. There seems to be some natural
questions to the extent'to which the United
States will compensate Cuba for the pur
chases and leases, but no serious difference
has arisen on these subjects.
The final negotiations are now embodied
In three treaties: One for carrying out the
details of the arrangementa for the occu
pancy of the naval station In accordance
with the Roosevelt-Palma agreement; an
other covering the sovereignty over the Isle
of Pines, and the third incorporating the
Piatt amendment provisions into a perpet
ual treaty. .
GOVERNMENT GENERALS SLAIN
Dominican Rebels Repulse Attack,
Killing Three of Enemy's (
BAN DOMINGO, Republic of Santo
Domingo, April 18 (Delayed In Transmis
sion. ) The .' government - ahelld.. this, city
yesterday, when several ' bouses were dam
aged and this morning 'attacked in force
at several points, but waa repulsed with
losses, General Cordero, minister of the
interior; General Alvares, governor of
Puerto Plata, and General Qneseda being
killed. Over 100 government soldiers were
killed or wounded.
The revolutionists made several prisoners
and captured horsea and ammunition. Their
losses were slight, only a few men being
killed or wounded. President Vazques nar
rowly escaped being shot.'
The rebel gunboat Independence has re
turned and It is reported that General
Navarro landed from it near Monte Crlstl.
The revolutionista are surrounding Monte
OFFER TO jAID MACEDONIA
Volunteers from All Countries Ask
to Fight Under tjnrl-
ROME. April 20. Rlcctottl Garibaldi,
leader of the Italian volunteers In Greece
during tha war with Turkey, baa received
letters from almost every country In ths
world from men who volunteer to join his
expedition to free Macedonia from Turkey.
These offers include the formation of a bat
talion of yeomanry and cavalry In South
Africa. Many offers have been received
from the United States. ' ,-. i
It its reported, however, to be Signor
Garibaldi's opinion that no serious rising In
tha Balkans la possible thla year.
ARK FLOATS BEFORE KING
Noah's Famoas Ship Reproduced at
Malta Water Carnival la
VALETTA. Island of Malta, April 20.
King Edward today reviewed 1,000 blue
jacketa and marines and later laid the
foundation atone of the breakwater, which
ia to protect the entrance of the grand
This evening there waa a water carnival
in the harbor, the features of which were
floating models of thirteen types of ves
sels of various perioda, from Noah's ark
to tba battles'alp Edward V1L
The royal yacht. Victoria and Albert,
leaves here tomorrow.
Will Welcome Warships.
KIEL. Prussia. April 20. Tha warships
of the United Statea European squadron
will be welcomed here during the yachting
week and the membera of the -executive
committee of the Imperial Yacht club have
already discussed Informally how to enter
tain the American visitors. The crews will
be asked to take part in tha boat races, to
which one day will bs given up. The Ger
man men-of-war boats are modeled exactly
after tha American fashion supplied by tha
Navy department to Germany aeveral years
ago. Therefore, the contests between the
German and American Bailors will be on
Letters Com I as Home.
LONDON. April 20. Ths Whits Star liner
Oceanic, which is to sail from Liverpool
April 2? for New York, will have among its
passengers Mr. and Mra. G. W. C. Drexel,
Mr. and Mra. W. A. Haxard and Mra. Levi
Z. Letter and Miss Leiter.
Famine Faads Ample.
STOCKHOLM. 8weden, April 20. The
central famine relief committee says tba
funda at Its disposal are sufficient, pro
vided the growth of the pasturage ia not
Netherlands Kshlbtt at St. Loaln.
THE HAGUE, April 20. Tha government
of The . Neitherlands has decided not to
make an appropriation In aid 'of Tba
Nrltherlaoda exhibit at the St. Louis exposition.
DEEP SNOWFALL IN EUROPE
Stsnn Ceaiai After Having Oontinned for
FREEZING TEMPERATURE IN GERMANY
Gale Does Maes Damage la the
Gronads at Potsdam aad Many
Historic Trees Aro Vp-
. rooted and Destroyed.
,prll 20. Tha gale of Sunday
wroiti, havoc on the ground at Pots
dam thai. . J full report on the subject has
been telegrapbed to Emperor William.
Many splendid trees dating from the time
of Frederick the Great, were uprooted. The
Imperial wild park waa also seriously dam
Tha thirty-six hours snow storm over
Europe ceased today at daylight. The snow
Is two Inches deep In Berlin, Increasing to
a yard deep In the Harts highlands. 8now
lies deep In eaat Prussia and Poland, where
wires are down and trains delayed.
The temperature In most parts of Ger
many Is barely at the freexlng point, so
that the damage to the fruit crops may not
be so serious as at first supposed. The
snow is melting rapidly and tha streams
are already flooding.
The government has issued notices that
telegraphic communication with Russia la
Interrupted and tbat tba lines connecting
with Pomeranla, Sileela and eastward of
Berlin are also down.
Snow oa Polish Plains.
Tha snow lies from eighteen Inches to
three feet deep In the Polish plains. At
noon no trains had arrived at Posen for
twelve hours. Trains are snowed in on
the lines all over Silesia and the province
of Posen. ,
The railroad administration has no anow.
plowa, as such snows as this are extremely
rare. Hence shovel expeditions have been
ordered to dig out the drift-oovered trains
and carry food to the belated passengers.
Telegrams from . many cities read alike.
Street cars are Immovable. Telephone and
telegraph wires are down and the trains
are either not venturing to leave the term
inals or are stalled in this country, or are
arriving at their destinations after great
difficulty , and with their passengers
wretched with cold and hunger. Minor ac
cidents bava been numerous. The turret
over the Paradise door of the Magdeburg
cathedral waa blown down.
Forty large trees in the Thlergarten here
were uprooted. Part of the roof of the
opera house was blown off and workmen,
at tha risk of their lives, sought to repair
It ao as to prevent damage to the richly
decorajed Interior, but tbey were unable
to continue at work. Tho anow, however,
did little damage to the Interior.
Be r II a Streets Perilous.
Falling chlmneya and tiles made tba Ber
lin thoroughfares perilous last night. Twenty-one
Injured persons were taken to the
Count von Ballestrem, president of the
Reichstag, who is on his way to attend the
opening of Parliament tomorrow, la snowed
IB between here and Silesia.
Among the line trees planted' by Freder
ick the Great which were uprooted in the
park at Potsdam waa tba largeat of all, tha
fir trees. ...
Some shipping dlsastera are reported from
the Baltic and the North sea. The German
schooner 8noort was stranded near Dant
slc and the Danish cutter Irene waa wrecked
off Swinemunde. The crewa of both vessels
were saved. .
WORTHLESS ORE GETS VALUE
St. Paul Man Invents New Smelting;
Process for Refractory
BT. PAUL, April 20. An experiment that
may revolutionize the Iron and ateel in
dustry of the country was successfully made
this afternoon at the plant of the Valley
Iron works In this city.
Iron ore, of which there la billions of
tons in north Minnesota, waa smelted In
an ordinary cupola and turned out pig Iron
which polished up like steel and which,
according to those interested in the ex
periment, la better than the finest Besse
While the bard and soft Iron ore mines
of St. Louis county have been tunsing
out mil liens of tons annually for yeara,
farther north there are gigantic beds of
Iron which, because of the price of titanium,
making It refractory, have received but lit
Frank Johnson of St Paul claims to have
discovered a process by which It can be
profitably used and in the presence of a
delegation of Duluth men intereated In min
ing he today conducted a successful demon
stration of bis discovery. A prominent
chemist and assayer who waa present
stated that in his opinion this ore could
now be smelted aa cheaply as hematite.
Aside from solving tha question of how
to smelt this refractory ore It ia stated
that It producea a steel better than Besse
mer because with one-third the weight, the
same tensile strength ta secured. Tha su
perior quality of tha product ia ascribed
to the presence In the ore of vanadium and
chrome, ingredients that are said to give
it extraordinary strength and toughness.
Propositions for the construction of large
smelting works at Duluth have been hing
ing on the result of this teat and It is
expected now that success baa been at
tained, that these projects will be rapidly
WIFE CONTRADICTS YOUTSEY
Other Relatives Will Also Take the
Wltaess Stand for the Same
FRANKFORT Ky.. April 10.-Jamee B.
Howard, on trial on the chargo of killing
Governor Goebel, took the wltneaa stand
again today for further cross-examination.
The witness declared be waa in the Board
of Trade hotel when tha crowd passed
bearlug tba wounded man.
He could give no description of the man
ner in which Goebel waa being carried and
got considerably tangled on this point.
Mrs. Henry E. Youtsey Is here and will
be called by the defense to contradict her
husband as to his confession made on the
witness stand In the Howard trial. Youtseys
brother-in-law. Banker R. H. Wltherspoon
of Winchester, and other relatives are
also here for the same purpose.
The cross-examination of Howard waa
completed shortly before Boon. He con
tradicted himself on a number of Important
points, aa compared with the record In
Mrs. Anna Weiss, who was a typewriter
under Auditor Sweeney, and who worked
In the little room In which Youtsey worked,
said she did not hear any knock on the
door or ste or hear him In conversation
with anyone prior to the shooting, fine
was In and out of the office, but did not
La him admit Howard or anyone else.
DRUNKEN. MAN MURDERS TWO
One la Pol teems a Wis Son ah t to
Arrest Him aad Other Disin
RAWLINS, Wyo., April 20. (Special Tel
egram.) F. J. Keefe. head of the Keefe
Commercial house and ex-city treasurer,
shot and killed Tom King and Policeman
Baxter tonight, and has' escaped. Sheriff
Horton and a posse are in pursuit and If
Keefe Is tsken tonight It Is feared ha
will be lynched. There is Intense excite
ment in the city and extra police aro being
appointed to prevent violence if Keefe Is
captured. King waa tilled Instantly and
Baxter died at 10 o'clock.
Keefe has been drinking heavily for sev
eral weeks and haa been arrested a num
ber of tlmea. He locked himself In his
place of business tonight and began shoot
ing. Pollcemea Baxter and Spencer at
tempted to gain admission te bis store,
when Keefe tuddenly appeared, gun In
hand. He fired several shots, and King,
a former lieutenant In Torrey'a Rough
Riders. 'who Was pasalng up tha street,
fell, shot through the heart. Baxter was
shot through the stomach. Keefe sprang
out of the store und ran across the rail
FIND BODIES OF CHURCHES
Bnrled In Sheep Corral Where Mar
derer Directed tha
GILLETTE. Wyo., April 20. (Special Tel
egram.) The aearching party returned to
night with the bodies of Mr. and Mrs. John
W. Church, late of Omaha and Council
Bluffs, who were murdered at their ranch,
sixty miles south of Gillette, on March 15,
by W. C. Clifton. The bodies were buried
in a shallow grave In the manure of a
sheep corral, where Clifton, in bis con
fession, said they would be found.
Church waa killed by being struck on
the head with a, club or ether blunt In
strument, while Mrs. Church was shot
through the bead, the bullet entering be
hind the right ear. The bodies were partly
decomposed, but were easily recognised.
The remains will be tsken to Newcsatle in
the morning. Mrs. Church of Council
Bluffs, mother of the man, la here and Is
prostrated with grief. .
"Slim" Clifton, the murderer, la under
double guard at the Weston county jail in
Newcastle. The people are greatly excited
over the affair and a lynching is threatened,
but the offlcera believe they can ' preserve
order. Clifton has broken down completely
and la crying for mercy.
SETTLE RANGE DIFFICULTY
Sheriff Arrange a Trace Between
the Cattle had Sheep
' Pea. -. ,-''," .
LANDER, Wyo., April 20. (Special Tele
gram.) Sheriff Charlea Stough of Fre
mont county returned thia evening from the
Sweetwater country and reports everything
quiet when he left early . It) Is morning.
William O'Brien, a sheepman,' will move
over the dead line ths latter part of tba
week, bet the rheriff .ave ;-Sa haa adjusted
matters so that there should be no clash
at present. He'saya'the signers of the let
ters warning the sheepmen were thoroughly
in earnest, but listened to the advice of
Influential friends who by careful maneuver
ing may avoid future difficulties notwith
standing the signs of trouble. . The Injus
tice of the warnings is being discussed
and roundly denounced by many persona.
The consensus of opinion. Is thit the dif
ferences of the sheepmen and cattlemen
should be settled amicably without lesort
lng to force of arms, which would result
in unnecessary bloodshed and the disgrace
of this section and every one that engaged
in the outlawry. While the clash may
have been avoided for tbe present it Is
feared hostilities may occur at any time.
IOWA MAN IS FEVER VICTIM
Typhoid Ravages Stanford University,
Striking Vinton Stadent
STANFORD UNIVERSITY, Cal., April 20.
Twenty additional cases of typhoid fever
have broken out yesterday and today. Thir
teen of these are reported from Palo
and seven ou the university campus. The
total number attacked up to data la now
close to 100.
A majority of the new cases are students
In the university. Among those critically
ill are E. E. Miller of Vinton, la., and R.
D. Barrett of Herman, Minn. There haa
been much talk about tbe university clos
ing, but Dr. Jordan states that while con
ditions are aa they are and while the phy
sicians are of tha opinion that the trouble
Is almost checked no action In thla direc
tion will be taken. '
PARK TOUR ISALM0ST OVER
Prealdeat Will Resame His Trip oa
Friday After Holiday at
CINNABAR, Mont,4. April 20. President
Roosevelt has about completed bis tour
of the- Yellowstone psrk. Today be was
at Fire Hole Geyser basin. Tomorrow be
will return to tha Norrls Geyser basin
and go from there to the Grand canyon,
where the upper and lower falls are sit
uated. He expects to return to tbe poat
headquarters on Wednesday and will re
main in that vicinity until Friday afternoon
when be will resume his trip.
. The members of his party who have been
living on the train at Cinnabar since April
S, will probably join him In the park
on Thursday morning.
TORNADO OBLITERATES HOUSE
Wipes Oat More Than Half the Balld
lags of l ittle Missouri
FREDERICKTOWN, Mo., April 20. A tor
nado, accompanied by bail and rain, passed
over this section yesterday, nearly destroy
ing White Springs, a summer resort, seven
miles from bere. Seventeen of the thirty
I houses were wrecked, one ao completely
that no traces of it could be found.
The large hotel of Stubblefield ft Mathews
ia a wreck.
MAN'S LIFE VALUED HIGH
Jary Awards T5,X0 to Heirs
Victim of New York; Taaael
NEW YORK. April 20 Tbe New Tork
Central waa today ordered to pay $75,000
by ths supreme court to the heirs of Al
fred M. Perrln of New Rochelle, former
president of tbe United States Paper Bag
company, who was killed la the Park ave
nue tunnel accident
MAY INDICT TEN SENATORS
Oole County Giaad Jar Ha Evidence of
Bribery id Parjnry.
SENATOR STONE DEFENDS HIMSELF
Scores Newspapers for Attacking- Him
la Connection with Alnm Bill,
Declaring All His Aetloas '
BT. LOUIS, April 20. Attorney General
Crow was present today during the session
of the St. Louis grand Jury and assisted
Clroult Attorney Polk with the Investiga
tion of this end of the legislative boodle
The Cole county grand Jury has taken a
recess until April 27, and this leaves the
attorney general free to come here tor a
time. It ia hinted that at least ten atate
senators will be indicted for either per
jury or bribery before the Inquiry is con
cluded here and in Jefferson City.
During the day an emissary from Lieu
tenant Governor Lee called upon Mr. Folk
and suggested that Mr. Lee would obey his
subpoena If certain questions were not
asked. Mr. Folk promptly refused and
the conference terminated.
Robert E. Lee, brother of the absent of
ficial, received another letter from him
today and afterwards said:
He wrp remain cvay until I think It ad
vinable for him to come back. One reason
that he Is away Is that he does not want
to axelst the St. Louis grand jury in in
dlctlnK for perjury certain members of
the legislature who have testified befora
It. My brother is not vindictive, end
though these men have proved themeelvus
hie bitter enemies he does not want to as
sist In Indicting them.
Mr. Lee concluded by saying that bis
brother does not fear Indictment himself.
KANSAS CITY, Mo.. April 20. Senator
Stone, addressing the snnual convention of
the Missouri Democratic Press association
today made an elaborate explanation of his
connection with baking powder legislation
and enforcement of the atate pure food
laws. He bitterly denounced the dally
newspapers ,of the state, which, he de
clared, had "hounded" him outrageously.
He denied various reports that he had
been In conference with Colonel William H.
Phelps and Lieutenant Governor Lee since
the legislative examination bad been begun.
He declared he had no part In the pas
sage of the anti-alum law of 1899 and did
not know for nearly a year that it had bees
enacted. As a private attorney he had as
sisted In the enforcement of the state pure
food laws and in 1901, when it was pro
posed to repeal the antf-afum law, he wrote
an argument against repeal.
"I swear to you I have never spoke nor
written to any member of either house of
the legislature concerning this matter but
what I have told you," he declared. "I
hope every guilty man will be uncovered."
Sraators Give Bond.
JEFFERSON CITY. Mo., April 20. Sena
tors B. L. Matthews and Charlea A. Smith,
who were Indicted by the grand Jury for
accepting bribes in connection with baking;
powder legislation, today gave bonds in the
sum of $3,000 each for appearance before
the circuit court in (he July, term. Tbey
each aay they are innocent of the charges.
Tbe indictments charge them with receiv
ing bribes from D. J. Kelley of $5,000 each
to vote against the alum baking powder
bill as members of the criminal jurlsd
prudence committee of the senate of .the
forty-first general assembly two yeara ago.
Word waa received today that Senator
Farrls was at his home at Staeleville ready
to accept service of the capias Issued for
him. Sheriff Smith accordingly departed
B00DLERS DENIED NEW TRIAL
St. I.onls . Convicts Appeal from
Jedge's Decision Affirming Pen
6T. LOUIS, April 20. Judge Ryan today
refused to grant new trials to the following
members of the St. Lotrls house of dele
gates, who were tried and convicted of
bribery and notice of appeal to the su
preme court was given:
Charles Gutke, convicted on January 10
and aentenced to live yeara In the peniten
tiary; John A. Sheridan, Edmund Bet-son,
Charlea Denny and T. F. Albright, all sen
tenced to five years In tbe penitentiary on
Perjury cases that will soon come up
are pending against the defendants. '
BRYAN AND HITCHCOCK TALK
Address Mlsaoarl Democratic Press
Association at Kansas
KANSAS CITY, April 20. William J.
Bryan, addressing the Missouri Democratic
Press association today, spoke as "A Coun
try Editor to Country Editors." He de
clared that throughout the country ha
found deep and growing dissatisfaction
among the republican voters with the
policy of the national administration and
exhorted his hearers not to make the dem
ocratic party so much like the republican
party that It would be easy for republicans
to get into it, but to keep.lt different, so
that In time of stress the people would turn
to the democracy for deliverance.
Congressman Gilbert M. Hitchcock of
Omaha also spoke.
LIVES HOURS UNDER GROUND
Wlscoaala Man Barled by Cavlag
Well Breathes Throagh
LA CR06SB, Wis.. April 20. H. Btraits
of thla city waa burled at tbe bottom of
a well for four hours today and when dug
out was smiling and unhurt. He wat at
tha bottom repairing tbe pump wben the
curbing caved In and dirt covered blm up
to his shoulders.
J. Wolfe secured a garden hose, which he
lot down to Straits, who got it to his
mouth Just aa the aecond cavein covered
him alx feet deep In sand. On account of
the peculiar condition of the soil It took
four hours to get him out, with the as
sistance of the fire department. The hose
saved hla life.
FLOODS AGAINJNVADE HOMES
Illinois Cltlseas Forced, to Flea
Waters for Third Time
VINCENNE8. Ind., April 20. Ths Wabash
river reached lit feet thla morning and
contlnuea to rise. It Is expected the flood
will be the graateat in the -history of tha
Thousands of acres of land are under
water, and for the third time this year
many people nave been forced to move from
lbs lowlanda on the Illinois side
CONDITION 0FTHE WEATHER
Forecast for Nebraska- Fair in East. Partly
Clouiv In Vet Portlm Hies'1'iy ; Phowrs
at Night or Wednesday In Weat Portion;
Fair In Fast.
Temperatare at Omaha Yeaterdayi
Hoar. Dear. Hoar. ' Dev.
It a. as 4H 1 p. m M
O a. n e I p. m...... t
T a. tn 4H a p. m "
8 a. m 4H 4 p. m MH
a. m ...... 4 r. p. m ...... W
10 a. m Rl p. m...... Ht
11 t. n n.t T p. m "3
U m 61 p. m...... tlO
p. as US
GIVE OMAHA LOW GRAIN RATE
Western Lines Will Carry Wheat to
. the Gait for Tweaty
CHICAOO, April 20. After considerable
opposition westero- traffic men today con
sented to allow Omaha a differential of 4
cents above Kansas City on a proportional
through rate from that city to the Gulf, to
apply on grain.
The rate. It la aald, will be taken out
on May 16 and permita wheat to move from
Omaha to the gulf for 21 cents and corn
for 20. Llnea that were promoting the rate
insisted that It bad become necessary to
clear out Omaha, which Is said to be glutted
with grain. The Nebraska llnea were
against tbe proposition, presumably be
cause they preferred to carry the grain
east to Chicago.
D. W. HITCHCOCK TO RETIRE
Veternn Western Ageat of lilon
, Paclflo Goes on tho Pen
An important change In the passenger de
partment affairs of tbe Union Paclflo will
be made May 15, which will aerva to call
attention to the pension system recently
adopted by the Harriman llnea. Daniel W.
Hitchcock retina aa general western agent
at San Francisco and will be succeeded on
that' date by S. F. Booth. Mr. Hltcbcock'a
retirement le upon his own application. He
la one of the oldest employes in the service
of the. company, having passed his, three
score and ten milepost. Since 1888 he haa
held the position from which he now re
tires find has been a positive factor In his
line of railroading on the Paclflo coast.
Hla position la one of great importance.
Daniel Webster Hitchcock was born Oc
tober 31, 1831, at Granville, Washington
county, N. Y. , He entered railroad aervice
In 1854 and haa been continuously engaged
in the busluess ever since. He started at
the bottom. From 18r4 to' 1855 he was a
brakeman on the Cleveland Columbua ft
Cincinnati railroad; In 1850 waa foreman of
a gravelplt; from 1858 to 1861 was foreman
of construction on tho Mississippi ft Mis
souri railroad; from 1861 to 1869 waa pas
benger agent of the Hannibal ft St. Joseph
aad St.. Joseph." Oouncll Bluffs ft Kansas
Criyrfrom-1808 to 1881 waa 10 the passenger
service of the Chicago, Burlington ft
Qulncy; from 1881 to October, 1887, general
western paeaenger agent for the Union Pa
cific; from October, 1887, to the time of re
tirement. May 15, 1903, general agent of
tbe Union Pacific at San Francisco.
Prior to entering Mr. Stubbs' office,. Mr.
Booth waa division freight and psseenger
agent of the Southern Pacific at Fresno,
Cel., and has held other responsible posi
tions in the traffic department of tbat com
pany. Mr. Booth la said to bs a man of
marked ability and pleasing personality and
has a wide experience and acquaintance In
California, which Is counted on as render
ing him especially well adapted to his new
Thia change is one that creates a great
deal of Interest in tbe passenger depart
ments of the west, not only on the Union
Paclflo, but all tha roads, owing to the wide
acquaintance of Mr. Hitchcock. Yet it la
not unexpected. When the pension system
was first published earlv last winter The
Bee named Mr. Hitchcock aa one of the
veterans who would soon retire under It.
BALLOTS TO HAVE BRACKETS
City Cleric PJlbonrn Reverses His
First Holing oa Form of
City Clerk Elbourn, after hearing tbe
law propounded by numeroua attorneya,
has reversed tho ruling he made on the
makeup of the ballots for the spring elec
tion. Instead o permitting the name of
"people's independent party" to follow the
names of only E A. Benson and George
W. Miles, as at first decided, ha has con
cluded that It should be printed in brackets
together with the names of the parties that
nominated the men whom the populists In
dorsed. Therefore every candldste who re
ceived the populist Domination no matter
what other party choae him first, will get
the benefit of tho latter action.
City Clerk Elbourn said: "I have no de
sire other than to be fair, and according to
the way I at first Interpreted the law, the
party affiliations could not be separated. It
appears, however, that . in Justice to all.
! rmth man alimild bn accredited with all tha
nominations he receives regardlesa of the
legal order of tbe parties. Thert-fure ho
will get them. The picking out of nominees
of both the republican and democratic
parties mado the question a hard one to
seUtle to everyone's satisfaction."
City Marshal Is Dead.
BAKERSFIELD. Cal., April 20. City
Marshal T. J. Packard, who waa shot In
yesterday's battle with Outlaw McKlnney,
died this morning.
Movemeats of Oeena Vessels April 20.
At New York Arrived Augusts Victoria,
from Genoa. AstorlH from Olnagow, Man.
ttou from Iondon, Finland from Antwerp.
At Ceuetown Arrived Ontarlan from St.
John. N. H. via St. Vincent.
At Naples Balled Victoria for New York.
At Gibraltar Fauaed Ixunbardla . from
Genoa for New York; Koenlg Albert from
Naples for New York; Commonwealth from
Naples for Boston.
At London Arrived Minneapolla from
New York. Bulled Menoruinee for New
At Plymouth SalUd Pretoria from Ham
burg for New York.
At Philadelphia Arrived Belgenland
At Antwerp Arrived Kroonland, from
At YokohoTia Arrived (prevloualy)
America Maru from San Francisco, via
Honolulu for Hong Kong.
At Glasgow Arrived Arcadian from Boa
ton. At The Lliard Paased Bouthwark from
New York for Antwerp.
At IniBtrahull Arrived Carthagenlan
from Philadelphia for Glaeeow, Arcadian
from Boston for Glasgow; Buenoa Ayrean
from Glasgow for Boston.
At Hult of Ia-ls- Passed None from
Copenhagen for Nvw York.
At l-ghorn Arrived HU-lllan Prince from
New York via Naples.
At l.iverrool Arrived Maria Da Lur-
rluaga from New York.
Judge Grants FermUiloo to Diotributa
Merged Ka Iroad Earning.
SECURITIES SHAREHOLDERS TO GET CASH
Injunction it Modified Fending tha Decision
of tba Buprema Court
SAME PEOPLE WILL GET THE MONEY
Bench Beet K Reason for Imposing Hard
nip on Innocent Pertoua,
ANY RESULTANT DAMAGES TO BE PAID
Defeadaats Are Ordered .to Deposit
Bond nnd Make Good Any Lose Bas
talaed by Halted Statea Be
fore Appeal Jadgrment.
ST, FAL'L, April 20. Circuit Judge San
born todar decided to allow the Great
Northern and Northern Paclflo dividends to
be paid to the Northern Securities company.
After rehearslirg the puslllons of the cave
and mentioning that an appeal to tbe sn
irerae court Is pending, his houor said:
'I he appeal in this case will probably
determined by the supreme court nbout" No
vember. It le not perceived hnw th pnvment or
retaining or these dividends .luring the
pendency of this appeal can inJtirlouKly af
fect any right of tho I'nltod Slates, and
the only qucHtljn Is whether thr divi
dends Khali be piled up In the treH.ntrien of
the railway companlei or paid to the stock
holders to whom they legally belong and
who muHt ultimately receive them which
ever way the filial decision In the oaa nmy
be. Thene dividends will ultimately go to
the stockholders of the Ncr h rn 8ecu I I
company, whether paid a they are earned
or, after the final decision.
Montr Goes to stockholder.
If the railroad companies are permitted
to pay their dividends to the Securities
company that company will pav them over
to 1 1 M RttvlthnlHor. Tk. .lu.r.. .
" ' ' - i..- ' I . J ' 1 1(11 I .HQ
stockholders of the Securities company t,i
rx limine nioiK ror stock or me rallroid
companies for which it I Issued, ir the
lltiromA itnnrl . . m n. . . l I .. ,..... .....
. . ... ...... .1,1. hup uvi-ict, 1117
stockholders of the Northern Sei urlt es
""'i'iiy -n exrnnnRe tnetr stock lor the
lock of the .railroad companies and can
draw these dividend upon the latter. If
the supreme court reverses the decree, the
same parties can draw these dividends on
their Northern Recurltles itock.
The order of the court will, accordingly,
be that the operation of that portion of
the decree which enjoins the railway com
panies . froru paying the dividends upm
their stock which is held by the Northern
Securities company be suspended during
the pendency of the nppetti upon the giv
ing of approved bend In the sum of fifl.W
by or In behalf of the defendants, condi
tioned that they will prosecute their appeal
with effect and will pay all damages that
shall result to the United Statei by reason
of the order.
All other portions of the decree and of
the Injunction It contains remain In force
and are unaffected by the order.
After tha reading of the decision the
appeal waa perfected and the bond was
filed thla afternoon.
NEW YORK, April 20. Northern Securt
tiea stock sold off to U eary lq the day,
but jutt before official news of tbe decision
reached 4hla -clljr the inarltt turned and
the stock sold up to 884. . Representative!
of the Securities company expressed much
pleasure, over the news. .
Colonel Clough, general counsel of tha
company, said that the modification of tha
decree removes all ibstaclea to the carry
ing out of the company's regular business,
including the payment of dtvidenda. J. P.
Morgan would not comment upon the order
of the court.
MERGER APPEALCA$E DRAWN
Denies Everything Conrt Foaad Tree
and Requests Dismissal of
ST. PAUL, April 20. Thirty-four points
of error are alleged in the appeal of tbe
Northern Securities company and tha other
parties to the merger suit from the decis
ion of the circuit court of appeals. Excep
tions are noted to every paragraph in the
decree and the court is declared to be In
error in rendering any decree aave one for
a. dismissal of the petition and proceed
At the commencement tha appellants deny
the formation of the Securities company tor
the purpose of holding a majority of tha
Great Northern and Northern Paclflo stock
and proceed to allege that the court erred:
(1) In Its decision that the founders of
the Securities company persuaded othera
to sell their siock.
..(2) In holding that the merger destroyed
any motive far-competition by pooling the
earnings of both rsliroads.
1.1) In deciding that combinations which
only tend to restrain Interstate commerce
sre illegal. -,
(4) In finding that ths power to restrain
trade is illegal.
(B) In deciding that all combinations giv
ing power to suppress competition between
two parallel lines, . whether exercised or
not, is Illegal.
(6) In its decision that It would have
been contrary to law for an individual to
have purchased a majority holding In tha
(7) In finding tbat the shareholders and
not the directors control the Interstate com
merce of railways.
(8) In holding that the Northern Securi
ties company controls the commerce of
both the railways, though by the charter
of each company the management of its '
business Is vested in Its board of directors
and the companies have separate boards.
(9) In deciding that tbe ownership of a
majority of shares of each of two compet
ing railways gives the owner a control
over each of the cc-mimriles and its coni
merce. (10 In deciding that the constitution and
competition of railways chartered by states
which carry on Interstate cotnmorce are
themselves matters of interstate commerce,
and that under the cunvtltutiun conrees
has power to prescribe who muy and who
shall not be shareholders, and how much
stock any combination of stockholders may
own, and to authorise or forbid the consoli
dation of such corporations; and in holding
that all such matters are for ths states
Incorporating such companies exclusively
(11 In holding thst consolidations of
competing rallwaye , created under state
lawn sre effectual restraints upon Inter
state commerce, and thouKh expressly au
thorized by state charter violations of tha
(12) In holding that the two shares of the
two railways held by the Securities com
pany have merely been placed in Its name
by the former holders and that It Is not
the absolute owner in Its sole right.
113) In Its derision that the merger gives
a few people absolute control over the two
ra 11 roads
(14) In holding the antl-trusi law. as con
strued In this case, constitutional
(IB) In dlnreRardlng aa Immaterial the
evidence showing that the combination was
no In restraint of commerce, but that Its
effect has been to largely bjild tip and pro
tect the interstate and foreign commerce
of ths two railways.
Injunction Is Den let!.
TOPEKA, Kan-, April 20. Aa important
decision was rendered by tha district court
here today denying an injunction against
fifty-six fire Insurance compaulea doing
business la Kansas, on ths ground that
they were violating the anti-trust act. Re
cently tha state brought action under the
anti-trust law, against these comptnM,
charging that they had combined and were
part lea to a trust to control the coal of
rales et insurance.
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