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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 7, 1904)
The Omaha . Daily Bee. THE BEE IS THE PREFERRED ADVER TISING MEDIUM IN ITS TERRITORY FOR A CHARACTERISTICALLY WEST ERN NEWSPAPER READ THE BEE SINGLE ' COPY THREE CENTS. ESTABLISHED JUNE 19, 1871. OMAHA, WEDNESDAY MORNING, DECEMBER 7, 1004 TWELVE TAGES. VERDICT OF CUILTY!USUALEND0F-ELINFRANCE AH the Oregtn Lai ? tad Oompirttora . kx Conrictfr1 f V tui Wart. JURY IS OUT lUSi'VE MINUTES No Xecomrendatine 5? Punishment Am 11 - i STRONG ARGUMENT l- ROSECUTOR Attorneye far the Defendanta Coma in for Jfo Littla ftebuke. PREPARATIONS FOR THE NEXT CASES Mrf Ware, Mho I. Acaalttedj VI ill n- Central Figure In Second S rlfct, "Which Will Commence December 13. PORTLAND. Ore.. Dec . The Jury In the land fraud case which has been oo cupying the attention of Judge Bellingers court for over two weeks brought in verdirt of guilty for all the defendant with the exception of II la Marie Ware thla afternoon after forty-five minutes' de liberation. No recommendatlona aa to pun ishment were made. Miss Ware waa ac quitted following the Instructions of the tourt. The argument of Bpeclal Prosecutor Heney In the land fraud case today waa one of the moot vitriolic arraignment ever heard In thla city. The attorneys for the prisoner came In for no little rebuke at th hands of the government's prosecutor for th manner in which they have con ducted their caae. Fact by fact, step by step. Mr. Heney analysed the arguments of counsel for the defense and the case made Out against the accused persons by the secret agents of v the government. Mr. Heney closed his argument with an earnest appeal to the Jury to return ver dicts convicting the accused person of their alleged crime. He asked that no one be spared and that no cognisance be taken . of the fact that a woman, Mrs. Watson, is among the accused persons. In his Instruction to the Jury in the land fraud case today Judge Bellinger asked for the acquittal of Miss Marie Ware, whom th prosecution admitted on Saturday was not sufficiently Implicated In th present case to warrant her convlo tlon. Th case . went to the Jury this afternoon. Prepare for Other Caaea. Th trial of the second of the land fraud cum will commence December 13. ' This case I bused on Indictments against S. A. D. Puter. Horace O. McKlnley, Mr. Emma A. Watson and Marl L. Ware. Th charge la similar to that In th first caae con spiracy to defraud th government of pub lic land. When this caae Is called there will enter Into th publlo eye th names of six persons whom the government declares are fic titious. Tbs name are Robert O. Tru maJTnzak H, Hearoe, William H. Wat- kin; Jatfalf JE. Warkick. Robert I Simp ' son and Bmul I Carson. Upon Mis n-War. who came out of th present trial Unscathed because th government did not prov her' complicity In the alleged act of conspiracy. It Is understood the govern ment will oenter It attack. In this case are Involved a number of signatures which are alleged to have been forged, but ln this hum, Instead of Its being merely the nam of alleged dummies, It la stated the government will show that Miss Ware, while acting as United Btatea commissioner, used th nam of R. B. Montague, former deputy -oounty olerk of Linn county, and admitted to proof alleged fictitious and bo gus homesteaders. The government will ndeavor to show that a a result of her -I .... .1 . . 1 v ..111.. ment and necessary affidavits were ap parently perfected and sent to Washington for th purpose of securing patent to tne ' land, ; Other Cases to Come. The act are alleged to have taken place during th year 1301 and Involve land In th Cascade forest reserve lying about twenty , mile easterly from th town of Cottage Grove, Or. Th basis for th third case which Is on th trial docket for thla term of court Is forgery. It 1 an outgrowth of th pre ceding oases. In this action th defendant will be Horace O. MoKlnley, Marl A. War and I. A. D. Puter. The forgery charge which will be Incidental to the second case will become th major counts In this case. rm l&TAfrarin'A nam I wnt inttiAA mtnnnm th accused for th reason that at th lime wiinn iu iiiuiciiiiems were returned Mrs.' Watson's alleged complicity waa not so well known to th United States district attorney, Twe more case of forgery are Included In th list of th land frauds Indictments. These hare not been set for trial, though it Is vary likely that they will be before the present term of court ends. The are th cases of th government against S. A. D. Puter and Guy Huff, and of th govern ment agalnat Horace O. McKlnley alone. Huff and Puter are accused of having forged th nam of Jamea A. Robinson to a homestead proof. McKlnley Is charged with havlag forged th name of George E. Taylor to nonmlneral affidavit. The land affected In both these caaea also lie a few lull easterly from Cottage Grove, WILLIAM H. THOMPSON ILL Trsasarer of Louisiana Purchase Ex. position Company Is Confined to His Home. ST. LOCH, Dec. . William H. Thomp son, treasurer of th Louisiana Purchase Bapesltlon company, and president of the National Batik of Commerce, who has been toflaed to his home for a week by illness. It In a serious condition and at one time, ctatlng a collapse, his life was despaired of. His condition la still critical and the results of another collapse are feared by his physicians Friends bellere that Lis Illness is the r sult of bis efforts In behalf of the World s fair. H carried almost th entire re.' MonslblUty of the financing of the great enterprise. Mr. Thompson 1 probably on. of th best known bankers In the west. Frstnels to Tour the Worl '. ST. LOCI 8. Dec. e It I, annul need that Davil U. Ft uicu, president of the exposi tion, Is to make a tour tne word tu re pay th vilt of foreign d gnltuil-s snd to txprees the grititude o 8 . LouU end thi national goneriim t lor the l.Lerul ,y of foreign n'Mlona snd Mbit rs. Plans for tie t .ur have not t n mad , but It wnl b-gln in th rprlig. a soon aa ihs ffj s of the exposition company will permit. isr Death at Alanine. WINNIPEG. Man.. Dec. Nine de.ths were reported Sunday and thirteen today from what Is aliefod to be typhoid lever, but Is genermllv believed to be a revival of the iil.lt-mlo frequsntly fatal In the surly days of the country and familiarly known a Red river fever. This disease, while not churartrrlsed by high temperature, la fa.UA in uumeiou caaea, nverlUis. oal Field Without Rrsalts t Hendayo. HENDATE. France, Dec. . M. Derou lede and M. Juares. the socialist leader In the French Chamber of Deputies, fought a duel with pistol here today. The ex change1 of shots had no result. Deputy Juares telegraphed a challenge to Paul Deroulede, a former deputy . and founder of the league of Patriots, who has been In political exile In Spain sine his participation In the plot to overthrow the French government. The challenge grew out of the agitation of the students of Paris, resulting from the alleged In sulting remarks about Joan of Arc, made by a professor of Ufitory at the Lycee Con rtorcet. M. Deroulede telegraphed from Spain declaring that the socialist were responsible for the attacks on Joan of Arc and adding that she was the most sub lime figure In history, whereas M. Juares was the most contemptible , of her detrac tors. Two shots were exchanged at twenty-five paces. The political prominence of the partici pants In the meeting attracted great Inter est. The Spanish government warned the parties not to fight in Spain, so the French government allowed M. Deroulede twenty four hours' leave to enter France and Meet M. Jaures. The seconds of both par ties were prominent members of the Cham ber of Deputies. SIMMONS FOR BIRKE ROCHE Man Who Delivered Boat to Rnsslana Mast Answer la British Court. LONDON, Dec. 6. Summonses have been issued at Bow street police court against Burke Roche and Mr. Slnnet in connection with the delivery of the turbine yacht Caroline to the Russians at Llbau early In October last. The action was taken at the Instance of the public prosecutor. The summonses will not be heard before December 12 at the earliest. The statement that a summons has been Issued against Mr. Yarrow, the builder of the Caroline, Is denied. It Is understood that the summonses Issued at Bow street charge Messrs. Roche and Slnnet with un lawfully causing the Caroline to bo dis patched from the port of London Intended for the use of the naval service of a for eign state (Russia., then at war with an other foreign state. Charles Russell will defend Messrs. Roche and Slnnett. ASK FOR DUTY ON LIMBER Canadians Woald Place Obstruction In Way of Trade with Inltcd States. VANCOUVER, B. C, Dec. 6.-Senator Templeman and thirty-seven 1 berai mem bers of Parliament from. British Columbia had a Joint meeting wit i t he Lumbermen's association today, at which the q.jetlon of th federal government placl. g a duty on rough American lumber c mlng Into Manitoba and In the northwest was dis cussed. Senator Templeman favors a duty on American lumber and all the members promised to do their utmost to indue the federal government to stop free lumber coming into the Canadian market from Puget sound points. Rleelot Garibaldi Dylag. ROME. Dec. 1 General Rlcclotl Gari baldi, th last surviving son of the Italian hero and his first wife, Anita, Is dying from nephritis. Riociottl Garibaldi has been identified with several heroic exploits, In cluding assisting the Greeks against the Turkish during the war of 1897, plans to free Cuba, to establish Italian colonies In Argentina, to head the Albanian insurgents and to head the Macedonian revolutionists. French Bark Is Lost. CALAIS, France, Dec, 8. The French bark Madelalne, from Iqulque, Chile, Sep tember 17, for DunklrJ, has been lost In the channel. Its crew of fifteen men took to the boats, from which they were rescued by a steamer and landed at Granule, Depart- SIX MORE MEN ARE SENT UP More Month In Prison and Heavy Flno Assessed Against Den ver Politicians. DENVER, Dec. 6. Six more election offi cials were sentenced to Jail today by the supreme court for disregarding Its Injunc tive order at the late" election. They were: j William Reld, 8. & Barker, John E. Dixon I and John Bulllvan. nine months' Imprison. ment and 1000 fine and oosts each; Willis E Spencer, four months' imprisonment; Charles W. Bunch, three month' Imprison ment. Sullivan waa th democratic com mitteeman; Reld, Barker and Spencer, judges, and Dixon -and Bunch clerks in Ninth precinct of the Fifth ward in this city, the ballot box of which wus opened in court last Friday, disclosing many fraud ulent ballots. Dlstiiot Judge John I. Mulllns today de livered hi Instructions to the grand Jury summoned by him in the criminal court. Ha charged it to "Make a thorough investi gation as to all violations of the law grow ing out of the recent general election." He said: l in my opinion tne tavisn expenditure or money as naa Deen wunesuea in tnis coun ty and state 1 criminal. I believe it to be at the very root of all the crime and violation of the election Jaws which have accompanied our recent elections. It ought to be made a criminal offense for any corporation to contribute to any po litical party. It Is common talk on the streets and currently circulated in the newapapera that a conspiracy mints to deprive of the gov ftrnorHhln of thitt Mint ftna nf nur rlrlmn. j whom all good clllsens, Irrespective of rarty, believe to have been honestly elected, t la further openly charged to carry out this conspiracy It will Involve the unseat ing unjustly and Illegally of certain mem bers of the coming legislature. It Is also charged that Immense suma of money have been collected from the various corpora tions of this city and state In aid In IMa work. It is charged that even after the omciui oiuni wa i-"uiitieo: in many coun ties of the state and certified to the proper officials, agents were sent out for the pur pose of procuring some one memtr of these local canvassing boards to bring In alleged minority reports, with the hope that the state canvassing board could be In duced to violate thojaw and disregard Its uiih nf ottice. Tilts is a mattur tlmt m I tv vnnr itutlence and abliiiv. hut i .... . neatly urge it uoon you lor your most care- ' ful consideration. WARNER FOR THE SENATE Kaaaaa City Man Is a Caadldat for th Seat Now Oseuplet'by Senator C'ockrell. KANSA8 CITT. Dec. 1-MaJor William Warner of this city and United States dis trict attorney for western Ml:s url, in a dispatch from Washlnglon today announced his candidacy for th) office of Cnltad States senator, to succeed Senator Fra-ic's M. Cockrell. Major Warnei'g .rlends h-r will tegln sctlv work st once to a ivartte his candidacy. A publl '. meeting will ba held after Major Warner's return from Washington, thlva will open Lis CHANGES IN THE TREASURY Psrgiitmit Rumor that Shaw ia t Batira at Early Data. CHARLES G. DAWES MAY BE OFFERED PLACE Nebraska Delegation Fuahlngr Judge Lee Kstelle for Commissioner of Pensions More Timber Settlers. (From a Staff Correspondent.) WASHINGTON, Dec. 6. -(Special Tele gram.) Changes are looked upon as Im minent In the Treasury department. Ther are persistent rumors that Secretary 6haw will not remain in the cabinet after March 4, and that already Mrs. Shaw has gone to Iowa to arrange for the home coming of the family. One name Is heard In con nection with the treasury portfolio that will be Interesting to a large number of Nebraskans, ihat of Charles C. Dawes, former comptroller of the currency. Mr. Dawes Is now the successful president of a big trust company, but it is said here that if Mr. Dawes could be Induced to take the secretaryship of the treasury he could not be Improved on. Mr. DaWes lived in Lin coln a number of years, but now resides In Illinois. But a change in secretary of the treasury Is not trie only one that Is brewed about. First Assistant Secretary H. A. Taylor of Wisconsin has made up his mind to quit shortly after March 4, and possibly sooner, and there are persistent rumors that Robert B. Armstrong, accredited to Illinois, but a long time resident of Iowa, will also leave the treasury before January 1. It Is said Armstrong's resignation In itlready In the hands cf the president, but this cannot be confirmed. Certain It Is, however, that the Treasury department Is marked for many changes, including several of the auditors for the various departments. Blair Woman Want Damages. Mrs. Margaret Wilbur, a widow 86 years old, residing at Blair, Neb., is seeking re lief for personal injuries which are alleged to have been Inflicted while entering the postornce at Blair, and has forwarded her affidavit to Senator Millard to interest him self In 'her behalf. From the affidavit, it appears that while she was about to enter the postofflce door a couple of boys threw the door back, and It closing suddenly, hit Mrs. Wilbur, knocking her down, from which Injuries of a permanent character re sulted. Senator Millard, who has never had Just such a case before, will nsk the committee on claims of the senate whether a special bill for the relief of Mrs. Wilbur would be favorably received. Sorrls Wants a Transfer. Judge W. F. Norrls of Wayne, Neb., Judge of the court of flrt Instance In the Philippines, is In Wash ngton eurne ,ly pre paring his application to be t ansferred to the. supreme court of the Pul.lpp nei. II has on file In the insular bureau com mendatory letters from all members of the Nebraska delegation In congress, with the exception of Senator Ml la d, who has offered Judge Dickinson of Omaha for the same place. Esnator Millard Biatai in Mi letter -to Judge Norrls that he did :o know that Judge Norrls was a candidatn for th supreme court when he endorsed that he waa directed by the president to the candidacy of Judgj . Dlck.nson. Ju lg j ' submit to the house a message in writing. Norrls Is greatly infatu(ted with the Phil- j The clerk at once began reading the presl ippines and will sail on Dtcember 81. wW dent's annual message to congreus. hi wife and daughter, from San Francisco.' His headquarters ara at Caplz, fn th Island of Panay. Congressman Burkett was notified today of the establishment of a rural mall routs from Tecumseh on January 2. Mr. Hurk t has been Mgnally successful In g Inj rural routes established in his d-strl.t. There are three complete county pyattms ! In operation now La icaster, Pawi ea and , Cass, while Richardson is practically com pleied. Pushing Eatelle for Place. Senator Millard and Nebraska people are making an effort to secure the pension . . ., . , . , t- i, . commlssionershlp for Judge Lee Lstelle of . . , .. , . t ,,. . ., the Nebiaska district court, to succeed Mr. I .f' ,.r it .... . , . Major William Warner, United State ac- torney for the western dlst.lct of MU- souri, is strongly tipped ft for the pa ,lon commlssionershlp. Ma.or Warner, how ever, has declined the position. SenatOi Millard, who was at thWhlt. House this morning ana had a talk w.tn th presl- dent about. th app .Intment, strongly urged . Estate's candidacy. More Time for Settlers. Senator Gamble of South Dakota and Allison of Iowa were among those who called on the president today. Speaking of ' his call upon the president Senator Gamble stated that it waa upon general lines. Speaking of legislation for South Dakota, the senior senator rrom mat state i more than lr tne CHse put me same stlviim said that tomorrow he would Introduce a uP"n a &oor wretch who never held office bUl extending the time In which settler, ! a"d CW iver P to. on the Rosebud reservation may take up j Acting Secretary Oliver of the War de on mo partment has sent to the speaker of the their residence until May 1. As the law i: . . .. . .. ineir "- J house of representatives a letter earnestly now stands settlers are compelled to take , , ' . , ., . now .!..' . w : requesting favorable action by congress on ud their residence by February 8, which i . .... . . , , " up mo" ' legislation proposed by Lieutenant General Senator Gamble contends would work un- , , , '' , ' . f. L;.,.. l. i t th- in-r v.iv. , Chaffee, chief of staff, to encourage rifle IU1U nuiuc'f ... , Is now on In South Dakota, The senator will also introduce bill extending time In which to commence the P"' month extra The proposed leglsla bridge across the Missouri river at Tank- ! t'on t0 "pert r",emn ptr month' ton for the Yankton. Norfolk & Southern ! harp.hooter. $2 per month and marksmen . Jl per month extra. It Is said the change "shaking of river and harbor ,gla will Involve no Increase In the annual ap tlorT Mr. Gamble said that In event of a I Pprlation for expert riflemen, bill being Introduced looking to the 'm- I MERIT OXLY TO COVKT 1 MAVY provement of rivers and harbors that a ' reasonable appropriation would be made secretary Morton Warns Importuuing for the upper Missouri river for a con- j Frlen'.Ia of Midshipmen, tlnuatlon of the present scheme of holding , WASHINGTON, Dec. 6.-Merlt, and not the river within Its banks. He also re- political Influence or official prestige should marked that bills for public buildings at aone determine asalgnments to duty in Huron. Mitchell and Watertown. Introduced ; the Bavyi , the opnt,m of Secretary Mor al the last session, would be zealously j ton ttnd tne Becretary today addressed a pressed. j letter to Superintendent Brownson of the ..Pe"a"! MV!l!"'n, i naval academy expressing his emphatic dls CaptalnH. C. Session, of th, , Sioux Fal . va, of the effopU to ,nfluenco (S. D.) Forum is In Washing on with his deuartment , the a8B,gnment of midship- wife, a former Washington rl. me from the class soon to be graduated Edward P. Ingham of Muscatine. Ia., to cerlai .h,,,,. The letter reads: I. In Washington on busies before the j The department ha. De,n approache, , supreme court. He was, on motion of various ways, directly and Indirectly by Solicitor General Hoyt, admitted to prac- Influences seeking to cntrol the assign tic before that tribunal today. -nient of midshipmen, singly nr In groups, wi . from the class about to be graduated froni Postal Matters. ' the naval academy to certain ships which Postmasters appointed : Nebraska, Bay- ! th'", J?. b"n P'i ard. Cheyenne eounty, Miss Frances Wis- ner, vice Miss Otta Wlsner, removed. South Dakota. Zelgler. Hyde county John Vot- dra, vie Philip Zelgler. resigned. i Rural fre delivery rout No. I has been ) ordered established January 16 at Republic City, Harlan county. Nebraska, serving 4W people and ninety houses. The application of A. Upton. E. E. Good-. rich. L. G. Pritchett. L. A. Coat. De- lillah Coat and F. C. Upton to organize I .. . , the Tobias National bank of Tobias. Neb., with IIS, 000 capital has been approved by th comptroller of the currency. Bias la Ohio. CINCINNATI. Dee. .-A dispatch from Toledo. O.. says Perrysberg. O.. is threat, ened with duatructlun by fir. An appeal for help has been sent to Toledo. Telegrupb oommunlcuiion, ba beu brukta ' NEBRASKA WEATHER FORECAST Fair Wednesday and Thursday. Temperature at Omaha Yesterday! Hour. Dear. Hour. Dev. K a. m its 1 p. m. 411 a. m S4 B to 46 T a. m Jtlt .1 p. m 4H Ha. m ..... . ltd 4 p. m 4t a. tn 2H ft p. m 4T 10 a. m XI p. m 43 11 a. m ail T p. na 42 ia m... 40 M p. m 42 9 p. m 41 CONGRESS HEARS MESSAGE Little Business Traasacted While Waiting for Letter from t hief Executive. WASHINGTON. Dec. The senate was In session for more than two hours today and In addition to listening to the reading of the president's message, received a pre liminary report from th merchant marine commission, witnessed the induction pf Senators Knox and Crane into office and In executive session referred the presi dential nominations to proper committees. The session was characterised by an ex tension of yesterday's greetings among senators. J Th reading of th rommlKslon of the two new senators received more attention than usual on account jof their prominence and senators generally, did not fall to note the peculiar wording of Governor Penny packer'B communication, wherein he con ferred the office of Senator Quay upon Mr. Knox, empowering him to hold It with all Its emoluments and privileges until the next meeting of the legislature of the state, "if he shall so long behave him self well." Immediately after the convening of the senate today Senators Allison and Cock rell, constituting the committee to wait on th president, reported that the presi dent had expressed bis Intention to im mediately communicate with the senate by a message In writing. Before the message arrived Mr. Penrose and Mr. Lodge presented the credentials of Messrs. Knox and Crane, the newly appointed senators from t'cnnsylvanla and Massachusetts, respectively, and the oath of office was administered to them. The message was delivered to the senate by Mr. Barnes, assistant secretary to the president, and its reading immediately begun. At J:07 the reading of the president's mes sage was concluded and the senate went into executive session. Alter listening to the reading of tne president's annual message to congress, the house adjourned until tomorrow. Dur ing the first ten minutes of the session two minor routine matters were dis posed of, but no other business was trans acted. Soon after the house met today Mr. Burton, chairman of the committee to no tify the president that the house wus In session and ready for business, reported that the president had informed them he would today submit a message In writing. Just before Speaker Cannon rapped the house to order an elderly man occupying a from seat In the- public gallery utt red a series of long-drawn-out whoops. Con siderable commotion- was caused before he was ejected.. .- H At If :30 Mr. Barjlti,." assistant secretary to the president, ' appeared and announce J L pon tne conclusion Ul inc icruiiir ji the nirisage life re was loud applause from the republican Hide. The message, on motion of Mr. Payne, was referred to the committee pf the whole house on the state of the union and or dered to be printed, after which the house adjourned. The supplemental brief of the government in the case of Senator Burton of Kansas as filed in the supreme court of th United States. It speaks for the guilt of the de fendant, although it is admitted that the senator's course In support of the interests I 9 hi. nll.nt tya Rlaltn frnrani warn nnf , , , , , . . always clear. Speaking of the use of , ' ... ' . " . ' ,, political influence in the departments, the J; . . .. . brief says that it is effective, and adds: Mr. Burton's traces were well covered. Hi. a8aer,i0n on behalf of himself and his client make a fair outside, but he held up the Investigation because he was senator und not merely because he was general counsel of the Riulto company, and the portions of the Judge's charge animad -rtedon nt ""S ln thls entire situation, viz.. the Intangible, subtle and Insidious thing, "influence, can never be reached, even where the receipt of compensation is plainly shown." On the point of punishment, it is re marked: Because a man occupies a high position and the sting of the Infamy may therefore he more bitter to him is no reason for saying that thnt pan of ino punishment should Increase the grade of the offense Bnd enlarge his protection and rights, any .h. , Tr,ar I I expert riflemen in the army are allowed tats to express its disapproval of the spirit tl,u" evidenced even before the beginning scureyU Individual preferences rather than the eood of ln? service as Interpreted by the depart- mint's order. The department Is of the opinion that the young gentlt-men referred to are not fully aware of the gravity of the attack made Yt' "."iT", Z 1 L"?.P.r'? 'Involved- the ervl. n..t the rvlc tXl .i"?!l..or . . . . iiiui- vldual and they should lie warned that the department will regard with disfavor the bringing of anv Influence, official polit ical or social, sei klng ta control or divert in their behalf Its order to duty. The secretary has repeatedly refused to Intervene In the regular assignment of officers prepared by Rear Admiral onverse, chief of the bureau of navigation, and this, lie declares, will continue to be his pol icy. The department has the full support of th president In It position. JAPANESE CRUISER SINKS Repvrt that tha Adsuma Strikes Mint and Ooaa to tha Bottom. RUSSIANS REPULSED AT PORT ARTHUR Many Futile Attempts Made to Re take 203 Metre Hill More Rumors of Muscovite Victory la Manchuria. MOSCOW. Dec. 1 A special dispatch from Vladivostok says that a steamer which has Just arrived there f r m Shanghai repo.-ts that the Japanese a mored ciuljer Ad uma has been blown up ai d sunk by a mlne. The Adsuma, also referred to as the Ai uma and Adzjma. was built at St. Nmalre, France, and was launched in 1S01. It car ried four e ght-lnch guns, iw.lve slx-l ich guns and twenty-four smaller rapld-fi e guns, had five Urpedo tubes and a comple ment of 482 men. Rasslans Repulsed nt Port Arthur. TOKIO, Dec. 6.-(Noon) The Russians are nightly attacking 203-Meter hill ln a determined endeavor to retake the summit of the ground in contention. The Japanese are increasing their de fenses on the position and have succeeded so far In repelling all the assaults. The Russians have suffered the heaviest losses and It Is estimated that they have sacrificed 3,000 men in an effort to recapture the ground, which the Japanese are confident of their ability to hold. Observations indicate that the garrison Is feeling the shortage of men. The works against Bungshu mountain and the forts to the eastward are progressing speedily and all Indications point to nn early general assault, although the date when It will begin Is kept secret. It Is expected that the next general as sault will prove successful. The effective bombardment of the Rus sian battleships In Port Ahthur. which began on Saturday last, was one of the results of the capture of 203 Meter hill. Up to that time the warships had been able to seek shelter from the Japanese Are under Pelyu mountain, but the capture of 203 Meter hill November 29-30 enabled the Japanese to train their guns on the Russian vessels, with the result that a number of them have been set on fire and the others must either put to sea or suffer Irreparable damaged Discount Japanese Reports. ST. PETERSBURG. Dec. 7.-2:35 a. m. Although the War efflce and the admiralty ar fctl.l witi.out dl.e.-t i.ews f om Port Arthur, confidence ln the abill y of the fortress to hold out continue io be ex presced. The reports from Toklo of ihe shelling of the battlt ships and of heavy lotses by the Russians In an ineffe.tlve at tempt to recapture Two Hundred and Three-Meter hill are considered misleading. According to a high officer of the g. ner.il staff, the warjhlps would be able to seek shelter from the fire from Two Hunderd and . Three-Meter hill by anchoring L-eht id Tiger's Tail peninsula, R ports that he Russians are clearing the mine fie da out fid, the harbor are r.garoed aa the best Indication that ' the squadron, la pr paring to move out to this anchorage, where It will be secure under the protection of the Fh re batte i s. The Toklo estimate that th Russians lost 3,000 men In the attempt to ricap ui Two Hundred and Tnrte-Meter hill Is declared to be absurd and it ia poiiaed ot ltwt such a loss would imply the virtual c ip pllng of the resistance, yet the leporti fiom Toklo admit that General Stoessel contlme, to rrake counter attacks. More Rumors of Russian Victory. MUKDEN, Dec. 6. Tho teport ihat Gen eral Renne. kumpft has adm nlstered a heavy deaefat to the Japanese continues to circulate among the Ruii-ia.i tio ps, but has not yet been officially confirmed. To the earlier rumor mentioned above there Is added the report that the Russians have succeed. d in carrying off twen.y-.uur guns which they captured in the route of the Japanese, but were at first urn ble to re move owing to a cro3s-flre from the Jap anese forces. . Everything now indicates that tha pros, peels of an immediate encounter on a large scalt ha passed. During ti e fighting be low Tslnkhetchjn the Russian loss n twenty-five men kllltdTand 123 wounded, ln eluding two officers, fceventeen J p nes. prisoners were taken, one of whom torn mUted sulcld. Movement of Russian Vessels. TANGIER, Morocco, Dec. 6. The Russian cruisers Oleg and Isumrud sailed today, going eaatward. . ALGIERS, Dec. 6. The Russian cruiser Rion (formerly the Smolensk) and two tor pedo boats arrived here today. Preparing for Wlater. GENERAL OKU'S HEADQUARTERS, Via FusTan, Monday, Dee. 5. (Delayed In Transmission.) In the villages near the ac tual Japanese line houses are being repaired and built, scores of wells are being dug, vl)lages are being denuded . of trees and quantities of fuel are being prepared. Every Indication points to the Intention to remain on the present line during the winter. The cold weather is not affecting the Japanese, although the temperature has already fallen to a few degrees above sero. There are few sick man. PRIZE SCHEMEUNDER FIRE Postal Inspector Invest la-atlng the Business Methods of th Chicago Silver Company. CHICAGO, Dec. 6. Tho postal authorities began an Investigation today of the meth ods employed by th Chicago Silver com pany. The company, It Is said, offered various "prizes" to persons who paid what was culled a "merely nominal" sum of money for packing and shipping of said prizes. W. D. Watson, who is believed to have been the owner of the business. Is said to have received thousands of letters each day from all parts of the country, all of the letter containing money. Watson I said to have left Chicago. AFTER HARVESTER COMBINE Attorney General of Moataaa Secure a Temporary Injunction- Against International Company. HELENA, Mont.. Dec. & Attorney Gen eral Donovan today began proceedings In th supreme court against the International Harvester company for alleged violation of the state anti-trust law. The court was asked to Issue an Injunction to prevent this company from operating In the state. A temporary restraining order was Issued, returnable next Monday morning. Th com plaint allege that the company la dulng business in every county of the state aiuJ coiniMil dealers to purchase from it at prices tlxed in Chicago nd that th dealers cannot tlx retail price. 1 GIST OF THE MESSAGE. What the President Rerommeadsi Organisation nf trader -nlgns. Stringent employer' liability law. Medals of honor for heroes In land service. Government investigation of railway accidents. Uniform legislation on zubject of child labor. Better control and regulation of giant corporations. Control of Insurance companle by bureau of corporation. Abolition of railroad rebates. Supervision of railways engaged In Intersfate commerce. That steamship companies engaged In Interstate commerce be com pelled to observe Interstate com merce law. , Severe child labor and factory In spection laws for th District of Columbia. Compulsory education law for Dis trict of Columbia. Encouragement of experimental work of Department of Agriculture. Better control of forest reserves and concentration of work under De partment of Agriculture. Establishment of additional national game preserves. Better salaries and closer super vision of Indian agents. Corporal punishment for wife beat ers. Improvement In consular service. National art gallery. t Betterment of currency system. Enlargement of trado with Asia. Revision of naturalization laws. Protection of elections. , Advantages for Alaska. Arbitration treaties. Maintenance of army and navy. Our position In the Philippines. What the President Opposes! Violence by union men during strikes. Government employes organizing to Intimidate congress. Discrimination between union and nonunion men ln government em ploy. Intemperate attacks on great cor porations. Giving Interstate Commerce commis sion general authority to fix rates. Married women working In factories. Unsanitary tenements In Washing ton. Forest reservation without examina tion. Extravagance In printing. Indiscriminate Immigration and naturalization. Bribery and corruption In elections. Delays In criminal prosecutions. Slothful peace. Agitation In the Philippines. CARTER REPLIES TO FRANCIS Further Explanation Regarding Method of Awarding Medal and Prises at St. Louis. HELENA, Mont., Dec. S. Former Senator Thomas H. Carter, president of the na tional committee of the Louisiana Purchase exposition, made a brief reply toduy to the Interview . with President Francis of the exposition company relative to charges of corruption made In regard to about thirty five out of 3B.000 awards. He says he does not recall when any request was made to the commission to appear before the com mittee of five, as stated by President Francis, and asserts that If such were the case the committee of Ave would assume tho character of prosecutor, when Its func tions were quasi Judicial. Referring to the law in regard to inuking awards President Carter says: The rules governing the awarding of pre miums provide, first, for group Juries; sec ond, department Juries, and third, a su perior Jury. The law provides that the awards shall be made by the exposition ccmpanv and approved by the national commission. The charges on file do not apply to the superior Jury, but to the ac tion of prruons connected with group Juries end persons attempting to deul with them. When the company shall have made the awards and pasxed them to the national committee for Its approval, then and only then, can the commission properly and le gally be accused. I do not recall any re quest to the commission to appear before a committee of five to present charges, as stated by Mr. Francis, but If such has been made, the committee could not assume the character of a prosecutor, when the law plainly imposed quasi Judicial function un it in the matter ot approving or disapprov ing awards made by tho company. ST. LOUIS, Dec. . In reply to the let- ter of Thomas H. Ca.te., p.esldent of the ! 1. . ... . .7 . .i .1 National World's Fair comml .1 n. mailed tonight. Major J. G. Pangborn, presid n. of the United Exhibitors' as-ocl Hon, e- i clares that no in.lmat on cf dl aatl.4tac.lo i I with the findings of the Juries en awards had come to his notice. The l.t tr, in pa it, follows: As the preuldent of the United Exhibitors' association, I would regret any delay In ih. nl.h:l.Rtrm of awards, as tl at would nrove an ln1ust.ee to the exi lb tors. wh . having performed their part ful hfully and wll, aie eiuttiea 10 proper ana prompt recognition. You reier ln vur letter to complaints lodged with your eommlsi-ion by exhibitors. A president o' the I'nited Ex! lb tors' as sociation I feel hound to ndvl e you tl at up to t Is m ment ihn chant beet n Intlmailin to .he us:oct tlo.i, or to myself, on the pari of a single exhibitor o. any di'satlsfaction In connection wh Ih awards or the treatment accorded exh blt or by the Juries or any o e onnecied with the administration of affairs. ARREST ALLEGED OMAHA MAN Albert S. Allan Chnrged with Taking Money from Annie H. Hnsklns of Omaha. DETROIT, Dec. 6. Albert S. Allan of Omaha, Neb., was arrested yesterday at Belle River, Ont., a small village about twenty-flve miles from this city, by a Chicago detective on the charge of the larceny of t-'.OOO In cash and deeds, bonds and other securities valued at $30,000, from Mrs. Annie H. Hasklns of Omaha. Allan waived extradition and was taken to Chicago. It is alleged that Allan, private secretary of Mrs. Hasklns, accompanied her to Chi cttgo on a business trip, where he lost , some of her money. Tnen, it la alleged, ha tried to cover up the shortage by a manipulation of her funds, and Anally tell ing her that he must return to Omaha. t, . h I , """"I"' I Detective Harrlgan, who : left for Canada. uibub i nin fliin maue a conieasinn to nun, for hi downfall. ind blamed women Ther are no such names as above In th Omaha directory. The Omaha police know nothing about th case, and. inves tigation has brought to light no facts re garding persons and Incidents dlHcusaid s bove. Ur. Spinney Injured. Dr. B. C. spinney, president of the Bank era' Union of tit World, waa seriously in lured in a runaway accident near Chicago imcFiiiwr a. ai present lie Is lying In lvlnir in a t M' llnl in lien jMoinea the otcuiroiiie 1 tia. Omaha. No liurticu in is or l - iv., jn J MESSAGE OF PRESIDENT CongTtss Listeoi to Oomnmnloatiaii from the Nation's Executive. PROSPEROUS CONDITION OF OUR COUNTRY General Commercial and Industrial Aotiy itj ii Subject far Congratulation. LABOR AND CAPITAL AND THEIR RIGHTS Equal Before the Law and Equally Amen able to It Operation. INTERNAL AFFAIRS OF THE UNITED STATES Work ef the Department! of Qefernment Tersely Reviewed. EXTERNAL RELATIONS ARE SATISFACTORY Peace at Home ami Abroad the Result of the Policy Adopted by the Leaders of the Great He. publican Party. WASHINGTON, Dee. . The annual me, sage of the president was read In both houses of the congress today, it Is as fol lows: To the Senate and House of Repre sentatlves: Tho nation continues to en Joy noteworthy prosperity. Such' pros perity Is, of course, primarily due to th high individual average of our citizen ship, taken together with our great natural resources; but an Important factor therein is the working of our lor.g-contlnue-d governmental policies. The peo ple have emphatically expressed their ap proval of the principles underlying these policies, and their desire that these prin ciples be kept substantially unchanged, although of course applied ln a progres sive spirit to meet changing conditions. The enlargement of scope of t:i funo tlons of tho national government re quired by our development as a nation Involves, of course, Increase of expens. and the period of prosperity - through which the country is passing Justifies ex penditures for permanent improvements far greuter than would be wise In hard times. Battleships and forts, public build ings and improved waterways are invest ments which should be made when w have the money; but abundant revenue and a large surplus always Invite ex travngunce, and constunt care should b taken to iruard Rgalnst unnecessary In crease of the ordinary expenses of gov ernment. The cost of doing government business should b regulated with th sume rigid scrutiny as the cost of doing a private business. . Capital and Labor. In the vast and complicated mechanism of our mooirn civilized life tbe dominant not Is ths note of Industrialism; and tha relations of caoltal and-, labor, -and esi cially of organized capital and. organised labor, to each other and to ihe publlo at large come second In importance only to the Intimate questions of family life. Our peculiar form of government, with It sharp division ot authority between the nation and the several states, ha been on th whole far more advuntageoua to our development than a mora strongly centralized government. But It la un doubtedly responsible for much of t.i difficulty of meeting with adequate legis lation the new problems presented by th total change In industrial conditions of this continent during the lust half cen tury, ln actual practice It has proved exceedingly difficult, and In many cases Impossible, to get unanimity of wis action among the various states on these subjects. From the very nature of th case this Is especially tru of the law affecting the employment of capital ln huge masses. With regard to labor the problem 1 no less Important, but it is simpler. As long as the states retain the primary control of the police power the circumstances must be altogether extreme which require inter ference by the federal authorities, whethi r in the way of safeguarding the rights of labor or in the way of seeing that wrong Is not done by unruly persons who shield themselves behind the name of labor. If there Is res. stance to the federal courts. Interference with the malls or lntersiat commerce, or molestation of federal prop; erty, or If the state authorities In some crisis which they are unable to face call for help, then the federal government mny Interfere; that though such interference may be causea oy a conuu.on u. iiiinss arising out of troub a connected with soma ue("n of laDori tn8 mter.ferenc luaif glmply tukeg the form of restoring order without regurd to th questions which hav caused the breach of order for to keep order is a prlmury duty and In a time of disorder and violence 11 other questions sink into abeyance until order has been restored. In the District of Columbia and ln the territories the federal law coveis I the entire nem oi government; ou, tn I labor question is only acute ln porftiloua i centers of commerce, manufactures or "111111- ing. Nevertheless, both in tho enactment and In the enforcement of law the federal government within its restricted sphero should set an example to the state govern ments, especially in a matter so vital a this affecting labor. Organised Lnbor Wis and Necessary I believe that under modern Industrial conditions It Is often necessary, and fa wher not necessary It Is yet often arts, that there should be organization of labor ln order better to secure the rights of Hi individual wuge-worker. t All encouragement should be given to any such organization, so long as it is conducted with a dus and decent regard for th rights of othsr. '1 lure are in this country some lubnr unions which huvo habiluully, and other labor unions which have often, been among til most effective Hgenta In wot king for good citizenship und for uplifting the condition of those whose welfare should be clostat to our hearts. But when any labor unloit weeks Improper ends, or seeks to achieve proper ends by improper means, all good citizens and more especiully ull honorable public servants must oppose the wrong doing as resolutely us they would oppose tf.u wrongdoing of uuy great corporation. Of course any violence, brutality or corrup tion should not fpr one moment be toler ated. YVage-woikt-rs have un entire right to organize anu oy an peaceful and honor- ublu means to endeavor to persuade their isuows io joiu wnn umiii in organizations, They have a legal rlgnt, which, according to circumstances, may or may not bs a ' moral right, to refuse to work In company with men who decline to Join their organf. .tioi.s. They have under no drc. ths right to commit violence upon tliosa whether capitalists or wage-workers, whu re-fuse to support their organizations, or who side with those with whom they aia at odds; for mob rule Is Intolerable In any form. Kruployrr's Liability Law. The wage-workers are peculiarly en titled to the prutec'.lnn und the encourage ment of the law. From tho very nature of their oce uiaitlon rullroud men, for instance, are liable to 1m maimed in doing the legu tlmate work of their profession, unless th rullroud companies uie required by law to nuke uinple provision for their safety. The uuiiimiih " ,1 ' . .ramui 111 emorc ling the) existing luwfcfor tills purpose. ThuX , Continued uu 1'ugo i'yui 4