The Omaha Daily
Bee.
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ERN NEWSPAPER READ THE BEE
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OMAHA, THURSDAY MORXIXO, DECEM15EH 8, 1004 TEN PAGES.
ESTABLISHED JUNE 19, 1871.
i
TAX AW IS INVALID
Mickej-Ager Bill for Collcctitn of Old
Taxw Knocked Oat bj Csurt.
CASE IS ONE BROUGHT UP FROM BEATRICE
Held to Bels&se Property from Obligations
Just Chargeabla Against It.
CITY ATTORN Ew HT IS PLEASED
Obstacle
to Enfot Hi- f the Boarsnger
Law ' I
SUSTAINS CONTENT. .'.0CM CASE
Derision Han No Be ' "bob the
sea veneer Uir, I ' hloh
City mi Cot
OperatlngS
(From a 6taff Correspondent.)
LINCOLN, Neb., Dec. 7. (Special Tele
gram ) In a decision written by Chief
Justice Holcomb hi the case of the City
of Beatrice against Wright, county treas
urer of Gage county, the Mlckey-Ager tax
lav la declared unconstitutional. County
Treasurer Wright sought to enforce the
law against certain city property In Bea
trice, and the city resisted and attacked
the constitutionality of the law. Its con
tention was upheld. Judge Sedgwick con
curing In a separate opinion. In referring
to the constitutionality of the law, Jus
tice Holcomb says:
The result Is the releasing of property
from taxes which are Justly chargeable
against It and to permit the owner to com
mute the taxes as thus assessed by the
payment of a less sum than that which
is due to those whose benent they were
levied. A statute Inevitably leading to an
act authorizing the accomplishment of such
result is In eontroventlon of the section of
the constitution quoted, and for that rea
son Its enactment must' be held to be In
force and effect. We are constrained, there
fore, to hold that the act la Invalid and
unenforceable and that the Injunction
prayed for ought to be granted and made
perpetual, which Is accordingly done.
CUT Attorney Wrlaht Pleased.
"This decision Is not on the scavenger
law at all, but on the Mlckey-Ager law."
said City Attorney Wright last night. "It
should be borne In mind that the scaven
ger law under which Omaha and Douglas
county are operating has not been brought
Into question or Into court for a decision
as to Its validity.
"We are glad to hear of this ruling, for
It will have the effect of facilitating the
operation of the scavenger law. Judge
Wakeley and those In Omaha wtto brought
suits during the pendency of the local
scavenger tax sales, brought them to com
pel us to operate under the Mlckey-Ager
law because they had endeavored to work
under this law.' We refused and I enjoined
the enforcement of the Mlckey-Ager law.
Henoe this ruling, which cornea up from
the Beatrice case. Is just what we have
been hoping for. It will serve, doubtless,
to knock out these local cases.
"The present decision cannot possibly
Jiava jinjr. : bearlag on the real scavenger
law.' "There Is a vital difference betwen
thse two laws. The Mlckey-Ager law pro
vided for the sale of property only on
which the taxes were at least Ave years
delinquent where the assessment was less
than the taxes and gave the city and county
no opportunity whatever to go In and bid,
but allowed the property to be sold, not,
. necessarily, to the highest bidder, but to
any bidder and for any price, whereas
under the real scavenger law the city and
county have the right to go In and protect
themselves and the property must go only
to the highest M4Aer."
ISSUE WARRANTS FOR BANKERS
Officers of Defunct Buffalo Concern
Are Acoused of Grand
Larceny.
BUFFALO, Dec. 7. Warrants charging
grand larceny, second degree, have been
granted against former President Emory,
Cashier Paul Werner and Assistant Cashier
William P.. Luedecks of the German bank,
which was closed by the state banking de
partment several days ago.
The warrants of arrest were Issued on
the application of E. M. Block, a pawn
broker of this city. Block charges that
a New York draft he bought at the Ger
man bank ten or fifteen minutes before
It closed on Monday, giving a check there
for, has been returned the bank upon
which it was drawn, having no funds. ' He
aye he has since learned that the German
, bank withdrew all Its funds from the New
York bank on Saturday last. Emory, Wer
ner and Luedeke were held for a heating
tomorrow.
Werner and Luedeke declared the Ger
man bank had to Its credit In the New
York bank funds In excess of 110,000. The
refusal to pay the draft was due to the
fact that when State Banking Superin
tendent Kllburn took charge of the bank
he immediately telegraphed all banks In
which the German bank had deposits. In
structing them not to pay out any more
money en account of the German bank.
TRIAL FOR ALLEGED BRIBERY
Government Tries to Connect Employe
with Aet of Missouri
Man.
ST. J-OCIS. Dec. 7. A special to the Post
Dispatch from Hannibal. Mo., says that
ut the trial today of the case of Dr. J. B.
Vernon, charged with bribery In connection
with the purchase of postofflce sites In
Missouri cities, witnesses testified that Ver
non received 11,200 for his Influence in lo
cating the alte at Columbia. $300 at Mober.ly,
t00 at Klrksvllle and 1675 at Loulsana. An
effort Is being made by the government to
prove that Charles P. Blanton while agent
of the government received a part of the
money. The evidence tends to Bhow that
Blunton was proceeded at each place by
Veraon, although the defense claims this
occurred only at Columbia and that Vernon
was simply a real estate agent.
CALL NEBRASKAN TO MONTANA
Pref. Wolfe of State I'alveralty Takes
Chair la lalverslty of
BUTTE. Mont.. Dee. 7. (Special Tele
gram.) At a meeting of the State Board
of Education at Helena this afternoon.
Prof. Wolfe of the University of Nebraska
waa selected to succeed Prof. J. M. Ham
ilton ip the chair of history, phyalcolugy anil
pedagogy at the Unlvetatty ot Montana at
Missoula. Prof. Hamlltpn becomes prcal
rtent of the Ste College of Agriculture
an4 Mechanic. Prof. Wolfe, it Is under
stood, will take hut now chair la a few
tfteka, '
JUDGE TO WORK OVERTIME
Janice Da Tie Pats In Additional Half
, Hoar on Patterson
rase.
NEW YORK, Dec. ". Kleven jurors had
been sworn In at the trinl of Nan Tatter
son for the murder of Caesar Young at
the close of today's session of the criminal
branch of the supreme court.
Of the JrtO talesmen called, ninety-five
had been examined nnd so many others
had been excused for various reasons
that only a score remain from whom to
draw the last Juror. Instructions were
Issued today by Justice Davis that no
woman shnll be admitted to the court
room during the trial.
Unusual efforts are being put forth to
expedite the trial. Already Justice Davis
has announced that the court will sit an
additional half hour each day and rumor
say It Is quite possible that nlrht ses
sions may be held during the later stages
of the trial.
Although there remained five jurors to
be chosen when the case was resumed In
the supreme court today It was predicted
that the preliminary work would be com
pleted and that the case of the prosecu
tion could be well under way before the
close of the present week.
Among the many stories In connection
with the case which have gained general
circulation, is one to the effect that the
defence may rest on the evidence sub
mitted by the prosecution. MIhs Patterson
has expressed a strong desire to be at
her father's home In Washington for
Christmas, It Is said, and Is willing to take
a chance to gain that end. If the trial
progresses rapidly the defense may call
some witnesses, but even that Is not cer
tain, It Is said. In any event, everything
possible will be clone to get a verdict be
fore Christmas day.
Another story said that arrangements
had been completed assuring the appear
ance during the trial of J. Morgan Smith,
an Important witness who has been miss
ing since a day or two after the tragedy.
Both the attorneys for the prosecution and
the defense deny any knowledge -of any
such arrangement, however. Smith le Nan
Patterson's brother-in-law. It Is said that
Hyman Stern, a pawnbroker, will testify
that Smith purchased the revolver with
which Young was, shot.
MINERS WILL APPEAL CASE
Western Federation May Take Dam
agre Salt Before Highest
British Court.,
DENVER, Dec. 7. The executive board
of the Western Federation of Miners, in
session here, has decided to carry the dam
age case of the Center Star Mining com
pany against the Kossland (B. C.) Miners'
union to the highest court In Canada, and
If necessary to take It before the privy
council of England, In order to obtain a re
versal of the decision of the lower court
awarding the plaintiff damages In conse
quence of a strike of Its employes.
CRIPPLE CREEK, Colo., Dec. 7. Judge
Cunningham has appointed Charles C.
Butler as special prosecutor In the case
against A. E. Carlton, Clarence C. Ham
lin and over twenty other prominent cltl
sens, charged with having kidnaped and
deported Former Attorney., General
Eugene Engley, Frank J. Hangs, J. C.
Cole and several others on August 20. The
court also appointed Tully Scott, chair
man of the democratic county central
committee, aa special- prosecutor In the
cases against Joseph A. Warford and
Thomas Brown, under Indictment for the
murder of Christopher Miller and Isaac
Lebo, who were killed In qoldfleld on elec
tion day, November 8.
OUTPUT OF PACKING HOUSES
Largre Iarreuse as Compared with the
Prevlof nnd Same Time
I. ant Year.
CINCINNATI, Dec. T. (Special Tele
gram.) Price Current savs: The marketing
of hogs has largely Increased and represents
liberal numbers, reflecting a decided gain
over recent records. Total western pack
ing was 766,000, compared with 900,000 the
preceding week and 610,000 last year. Since
I November 1 the total la J,010,000, against
: :i .vear ago. Prominent places com
. p..' follows: ,
i 5iiLt"3- ,904- 19S-
Chicngo 830,000 766,0il0
i Kansas City Stal.OuO 765.0O0
South Omaha 215.0HO 1MJ.0OO
St. Louis 245.OH0 160,000
St. Joseph 190.UH0 1"3,0()
Indianapolis 173.0UO 150.0U0
Milwaukee 98,000 128.000
Cincinnati 92.mO 78.000
Ottumwa. , SSUkio bl'.iko
Cedar Rapids 67,nno 65.0j
Sioux City 72.000 Bo.Omi
St. Paul 100. OHO IOd.OiiO
DROUTH IN THREE STATES
Prayers for Rain Offered In Pennayl-
Tanta Stork Suffering; la
Central Illinois.
HARRISBURG. Pa., -Dec. 7. Special
prayers are being offered for rain In
churches In certain localities of Dauphin,
Perry, Cumberland and surrounding coun
ties. BLOOM INGTON, 111., Dec. 7.-The
drouth In central Illinois Is growing more
acute dally. All over McLean county
there Is a water famine and stock men
are finding difficulty In supplying their
stock with water. ,
PLATTSBURQ. N. Y., Dec. 7.-The
drouth Is becoming serious to farmers and
manufacturers In northern New York.
Pulp and paper manufacturers are obliged
to Bhut down every few days on account
of low water. A prominent pulp and pa
per manufacturer says that there was
grave danger of a pulp and paper famine.
C0LP0RTERS ARE FINED
Turkey Is I'nable to Stop Inter
. foresee with Sale of
Bibles.
CONSTANTINOPLE. Dec. 7.-The orders
which the porte declares; were sent to the
Turkish officials In tho provinces not to
Interfere with the sales of Bibles, have
proved Ineffective at Trebezond, where the
authorities promptly Intervened imme
diately In street selling, recommenced the
eisure of Bibles and fined the colporlers
The porte is preparing Identical notes
for the American legation and British em
bassy, pointing out the alleged objections
to the system of colportage.
gpeelal Election at Creston.
CRE8TON, la.. Dec. 7. (8peclal.) A
special election has been granted to the
proposed electric light and gas company,
represented In this city by Mr. Springer,
at which time the granting of a f anei
to the company will be voted upon. This
proportion hao seemed the tet ever o'
ft red to the city and Mr. Springer in
sures the council that the company ii
nady to bear all the expenses of the
election. The data for the election Is set
for January 10. (
MRS. CHADWICK ARRESTED
She it Charged wi.h Aiding a Bank Official
in Enbezzlement.
WILL HAVE A HEAPING THIS MORNING
Her Attorney Says He Will Resist Any
Attempt to Take Her Back
to Ohio ' for
Trial.
NEW YORK. Dec. 7. The climax in the
affairs of Mrs. Cassle L. Chadwlck came
tonight when she waa placed under arrest
in her apartments at the Hotel Breslin.
charged with aiding and abetting a bank
officer. C. F. Beckwlth cf Oberlln, O., In
embeixllng tl2.6no. The arrest was made
after a lengthy conference between United
States Commissions Shields, Assistant
District Attorney E. E. Baldwin, Secret
Service Agent J. E. Flynn and United
States Marshal William Henkel.
Commissioner Shields Issued the warrant
which charges a violation of section 5209
of the United States federal laws relating
to conspiracy.
There was a scene In the woman's room
when the officials announced to Mrs. Chad
wlck that she was under arrest. Her son
stood by and witnessed with a blank face
the scene which followed. He stepped to
his mother's side as she burst Into tears.
but said nothing.
Marshal Henkel, who, with his deputies
and United States Secret Service Agent W.
J. Flynn, grouped In the door of Mrs.
Chadwlck's apartment, had entered with
out knocking, found her In bed. He said:
"Madam, I have an unpleasant duty to
perform. I am obliged to serve a war
rant for your arrest. Issued by United
States Commissioned Shields, at the In
stance of the federal authorities of Ohio."
"I am very nervous and 111," replied Mrs.
Chadwlck. "What shall I. do? I cer
tainly am unable to get up."
In that case," said the marshal, "I shall
be obliged to remain here and keep you
under surveillance. You will realize that
unpleasant as this is for both of us, but
you are a prisoner and I have no right
to leave you here alone. I will do every
thing I can to relieve you of annoyance,
however."
Strong; Gnard Ml.n"?ned.
The secret service men f ecd a room
adjoining Mrs. Chadwlck's suite and es
tablished themselves there for the night.
hlle one of the marshal's men was posted
In Mrs. Chadwlck's bedroom, one outside
her door and another in the corridor. Mar
shal Henkel said he would remain In di
rect supervision of things all night.
By permission of the marshal Brs. Chad
wlck telephoned to her physician, Dr.
Moore, to come to her at once. He arrived
a few moments later. The physician said
that although he had advised her several
days ago to go to a sanitarium, she would
be able to appear tomorrow before the
United States commissioner.
Will Resist Removal.
The present arrangements are that Mrs.
Chadwlck will be taken to Commissioner
Shields' office at 10 o'clock tomorrow morn
ing, and it Is said that an application will
be made to a United States circuit court
Judge by the United States district . at
torney for a writ of removal to Ohio.
Philip ' Carpenter, one of Mrs. Chad
wlck's counsel, had a two hours' conference
with her after her arrest. When seen later
he said:
I anticipated the arest, not that she had
committed any crime, but because public
clamor demanded a sacrifice. I have no
fear as to the outcome of this matter.
Mr. Carpenter said he would represent
Mra Chadwlck tomorow at the proceedings
before United States Commissioner Shields.
At present he would oppose any suggestion
of her going back to Ohio.
Mr. Carpenter asked that a denial be
made of the report that Mrs. Chadwlck
attemypted to make her escape today. He
said that before she moved to the Hotel
Breslin from the New Amsterdam she
consulted with the secret service men.
His statement was confirmed by one of the
secret service agents, who added that they
had been Informed by Mrs. Chadwlck
each time she changed her quarters.
Creditors Are After Cash.
That the creditors of Mrs. Cassle L.
Chadwlck, as represented by the Ohio men
who arrived in New York yesterday, are
more anxious to bring about a settlement
of their claims against the woman than to
precipitate a crisis by a sensational legal
step Is believed by Mrs. Chadwlck's local
attorneys. They think this has been shown
by the many conferences yeiterday with
out apparent result. It is pointed out
also that no other than a hope that it Is
not yet too late to secure a cash settle
ment of the claims against Mrs. Chad
wlck explains the delay In submitting the
Andrew Carnegie notes held by the Oberlln,-
O., bank for his decision whether tbe
signature thereon Is genuine. '
Attorney Andrew Squire, counsel for
Treasurer Iri Reynolds of the Wade Park
bank of Cleveland, Is ouotej as saying:
"I am In this city representing several
creditors. All that I am looking for Is
the cash." It Is Intimated .that the pur
pose of Mr. Reynolds' trip to New York,
at the request of Mrs. Chadwlck, was to
endeavor to raise funds on the Chadwlck
securities, said to be worth 15,000,000, of
which he Is said to be trustee.
Other Banks Mar Be Involved.
Despite frequent conferences in this city
yesterday aud the sudden removal of Mrs.
Chadwlck to another hotel, which empha
sized the fact that she Is watched by two
secret service officers, who prjmptly fal
lowed and occupied rooms near her new
quarters, decisive action In the case seems
to be held In abeyance by some powerful
influence. It was reported today that the
delay was in a measure due to a desire to
prevent the imposition of hardships on
banks with which Mra Chadwlck has had
dealings, but whose part In her financial
affairs has not yet been made public. It
Is said that If It were known that other
banks had made loans to Mrs. Chadwlck
a run on them might be- started that
would do them great injury. No one not
Intimately connected with the case knows
what these banks are nor what has be
come of a note for KMO.000 which President
Beckwlth of the Oberlln bank says he en
dorsed for Mrs. Chadwlck.
Woman's Lawyer Talks.
Edmund W. Powers, one of Mrs. Chad
wlck's counsel. In an Interview today said:
"Mr. Beckwlth is right .and he Is wrong.
I never went with Mrs. Chadwlck to Ober
lln, but I saw Beckwlth there twice and
I saw him several times in Cleveland. My
first visit to Oberlln was In September,
long after the notes were negotiated."
With reference to the Carnegie notes
Mr. Powers added: "Those notes are now
the bone of contention and I shall not, as
Mrs. Chadwlck's counsel, discuss them at
11" t ,
"Did you udvlse the bank officials to
the tfTect that Mra Chadwlck had mll
ll'in:" Mr. Powers was asked.
"I did; ss I thought taen, and as I be
lieve now. that she is worth millions.
(Continued ta Second Page.)
LEADING FIRM'S OPINION
OMAll lI Nh.. Pec. !,
Bee I'uiillsMii' r Co.,
Din lui, Npb.
(iPiitlfiufii: In unswer to your
inipiiry in reJird to our opinion of
Hoe tvnnt tithvwe are, an you know,
users of advevllRjiiK In a maul many
different form". ,
AVe believe it i no exiiKjieratioii
to s,.iy that tlie money we spend for
want nils In The Omnliu Hee brines
ns more for the amount invested
than any oilier advertising we use.
Hespeotfully. '
kSCHMOU.KK & MUELLER.
"The Btfr I'inno House."
i:ns l'nrnniu Stiw
Ter W. II. Srlimoller.
TWO GAMBLERS PLEAD GUILTY
To Protect Patrons Canneld and Bnck
lia Admit Their Gnllt
la Coart.
NEW YORK, Dec. 7 Richard A. Canfleld
and David Bucklln, respectively proprietor
and manager of what was said to be the
most exclusive gambling house In the
country, .were Indlctrd by the grand Jury
today on the charge of maintaining a
gambling house at 6 East Forty-fourth
street. They were then taken before Judge
Cur. nlng and pleaded guljty to the .Indict
ments. Canfleld's house is sultuated next door to
the city's most fashionable restaurant and
all his patronage came from the wealthiest
men In the city. Kor years It was impossi
ble to obtain evidence against him, because
no one was admitted to the house except
persons known personally to Canfleld or
Bucklln or vouched for by one of the regu
lar patrons of the house.
District Attorney Jerome several years
ago began a determined effort to secure
the necessary evidence, and to this end he
subpoaened Jesse Lewlsohn, a member of a
prominent business firm, nnd called upon
Mr. Lewlsohn to answer whether he had
ever gambled In Canfleld's house. Lewlsohn
refused to answer, on the ground that he
was not required to give a reply which
might tend to Incriminate or degrade him.
A special act was passed by the legislature
to provide Immunity to witnesses who
might testify as Mr. Lewtaohn had been
asked to do. Still, however, Mr. Lewlsohn
declined to answer, on the ground that the
special act was unconstitutional. He
fought the case to the court of appeals,
the highest In the state, and recently that
court handed down a decision sustaining
the act and holding that Mr. Lewlsohn
should testify. Shortly afterward It was
given out that Mr. Canfleld, In order to
protect those who had visited his house,
would plead guilty.
Canfleld and Bucklln were fined $1,000 euch
by the Judge. The recommendation for
this action was m:ule by the district at
torney. Both immediately, paid the fines.
PROGRAM FOR INAUGURATION
-
Committee Derides that the Ball Will
Be Held Saturday MlRht March
4 Parade Will tie Larnre.
WASHINGTON, Dec. 7. -The inaugural
committee which has charge of the ar
rangements for President Roosevelt's in
auguration March 4 held its first meeting
today and unanimously declared to hold
the Inaugural ball on Saturday night,
March 4.
This action was preceded by a discussion
of a suggestion that that function, always
a future of the Inaugural ceremonies,
should be held on the Monday night fol
lowing; that Sunday would not necessitate
the early closing of the ball and Intercep
tion of the promenade concert program.
It was pointed out, however, that thousands
of visitors would leave Immediately after
the formal Inauguration and that if the
ball was deferred until Monday evening
the attendance necessarily would be com
paratively small. The Inaugural parade, It
Is said, will be an unusually large one,
both In point of civic as well as military
representation.
An effort will be made by the committee
to secure legislation from congress per
mitting the use of the pension office build
ing for the Inaugural ball.
MANY IDLE MENJN NEW YORK
Charities Association Called I'pon to
Help More People Than
1'snal.
NEW YORK. Dec. 7. Charitable Institu
tions In this city report that never before
have they been called upon to assist so
great a number of unemployed men. Ac
cording to statistics at the municipal lodg
ing house In First avenue, nearly 40 per
cent more Idle men needed help In No
vember than was the case a year ago.
During that month 7,787 persons, 90 per cent
being men,f were cared for. This Is more
than 2,100 over the corresponding period
last year, and this month shows, so far,
even a greater rate of Increase. Ilcllevue
hospital reports a similar state of affairs.
Officials connected with the charitable
organizations attribute much of the In
creased distress to the completion of the
subway not so much on account of the
completion of the construction work, which
of course threw men out of employment,
as the fame of the tunnel, which has at
tracted thousands to New York In the
belief that they could obtain at once lucra
tive employment.
FILIPINOS START FOR HOME
Savage Tribes I-eave St. l.ools on
Their Way to the Far
East.
ST. LOUIS, Dec. 7. One hundred and
forty-five Negritos. Bagabos, Samal Moroc
and Lanao Moros, tribes that were on ex
hibition in the Philippine reservation al
the World's fair, left today on a through
train over the Burlington and Northern
Paciflo railroads for Seattle, where they
will take ship for Manila.
Fred Lewis has charge of the party and
with htm are Mr. and Mrs. Roy Hopping,
Rice M-Sle and Valentine Semllla, who are
going to the islands. Before leaving the
Philippine bpurd presented each tribe with
a large American flag.
WHEAT PRICES TAKE TUMBLE
Almost Three Cents Drop from Price
of May Option at
Chicago.
CHICAGO, Dec. 7. A break of almost
I cents In the price of May wheat occurred
here today. The market was swamped by
a flood of offerings, several prominent
longs having enormous lines for sale. The
decline was appsrently due more to a
lack of demand than to any especially bear
ish advices, pn May the low point of the
day was reached at ll.lOVe'l.Krti. The
clone was at lLluH. a net luss of IS oenta,
DENN1S0N APPEAL DENIED
Supreme Court Hands Dowi Deciaian Af
firming Lewtr Court.
WARRANT IS HELD TO BE SUFFICIENT
Masdnte Is Issaed at Oace for the
Enforcement of the Decision of
the Court nnd Plnerd la
Officer's Ilsnds.
(From a Staff Correspondent.)
LINCOLN, Neb., Dec. 7. (Special Tele
gram.) Tom Dennlson lost In the supreme
uourt today In his iffort to have the tie-
islon of the lower court, in his hibeas
corpus proceedings, reversed. In a lengihy
opinion by Judge Sedgwick, the action of
Governor Mickey, and the Douglas county
district court Is affirmed. The court held
that It was the duty of the governor to In
vestigate whether a substantial charge
had been made against Dennlson and that
It was not Its duty to review the evi
dence. The court held that Dennlson did
not prove conclusively that he was not in
Iowa after the robbery. A mandate has
already been Issued for the enlorcimi-nt
of the decision. The syllabus follows:
Section 304 of the criminal code does not
authorize the extradition of a jerson
chanted with crime ag:tinst the laws of
another state without proof thnt tne per
son so charged Is a fugitive from the Jus
tice or tne demanding stute.
It Is not necessary that the warrant
Issued by the governor of this
state upon the requisition of the other
slate should contain the express statemtnt
mat tne governor has found that tne ac
cused is a fugitive from Justice.
The fact of the Issuing of the warrant
upon demand made upon that ground 19
sufficient to Justify the presumption that
the governor so found until that pre
sumption Is overthrown by proof to the
contrary.
Cpon proceedings In habeas corpus to
obtain the discharge of a "person who Is
held under the governor's warrant In ex
tradition it is not Indispensable that the
officers return to the writ contain di
rect Hfflrntative allegations of all the facts
upon which the extradition procedlngs
are based. If the return sets forth the
governor's warrant under which the ac
cused is held and the recitals of the war
rant, together w. h the allegations of the
application for habeas corpus show facts
sufficient to Justify the detention of the
accused the return is sufficient.
For Court to Determine.
When such requisition Is made upon the
governor of this state he must determine:
W hether the person demanded Is substan
tially charged with a crime against the
laws of the s'ute from whose Justice it
Is alleged he has fled, by an Indictment or
affidavit properly certified and, second. Is
he a fugitive from Justice from the btate
demanding him. When It is made sub
stantially to appear to the court In ha
beas corpus proceedings, upon what show
ing the governor acted, It becomes a
question of law for the court to deter
mine whether or not the accused has been
substantially charged with a crime against
the demanding state.
In determining whether the evidence te
fore the court below was sufficient to sup
port the Judgment this court will not re
gard errors of the tiliil court In admitting
Incompetent evidence If It appears from
the wholo record that, upon the evidence
conceded to be competent, no other con
clusion could be reached than the one
reached by the trial court.
This court Is bound by the construction
of the extradition laws adopted by the
supreme court of the United States. In
view of the language of that court Jn
Hvlatt aalnaf New York. 18, United
Slates 6itl, the courts of this state will not
review tho aoclslon of the governor In ex
tradition uroceeolnKs upon a auesllon of
fact made before him, which the law
makes It his duty to decide and upon
which there was evidence pro and con be
fore the governor.
When the relator In habeas corpus pro
cetdlngs gives evidence in his own be
half the court should not allow him to be
cross-examined upon matters not related
to his examination in chief, but an error
In so doing Is without prejudice to the
defendant, the trial being to the court It
self when no other Judgment thon the
one entered could have been entered upon
the evidence which is concluded to be
proper and competent.
DKNMSOIV TVRX9 HIMSELF OVER
Goes to the Sheriff's Office and Hears
Warrant Read.
Tom Dennlson walked Into Sheriff Pow
er's office with Attorney Ed P. Smith at
9 o'clock last evening and "gave himself
up." In a few minutes United States
Marshal G. W. Christian of Iowa and Dep
uty Marshal Allan of Omaha, who had been
for some hours m the corridors of the
Paxton hotel and on th streets In search
of Dennlson, went to the county Jail.
Without much formality Marshal Chris
tian read the warrant to Dennlson and
then received a receipt for Dennlson's
body from Sheriff Power, which closed the
incident so far as the Iowa marshal was
concerned. The warrant read was the
original one Issued by Governor Mickey
June 3 last.
Dennlson listened to the reading of the
document with his characteristic smlla
and then remarked, "I think I have heard
that warrant before."
Marshal Christian folded the receipt he
received from Sheriff Power, said he would
make his report to Governor Mickey and
then return to his home. The Iowa mar
shal appeared relieved that his duty had
been discharged and his hunt for Dennlson
had ended
It was said at the county Jail after the
arrest that Dennlson would not be held
In custody over night as both Attorney
Smith and Sheriff Power were of the
opinion that Dennlson's bond of 5,000,
secured at the time the writ of habeas
corpus was secured, would Justify them
In releasing Dennlson.
When asked what the next procedure
would be Attorney Smith said Dennlson
would appear in the district court this
morning by which time he believed the
mandate of the supreme court would have
been received. ' "A bond probably will be
offered and a motion for appeal made,"
said Mr. Smith.
Marshal Christian said last evening he
waa not authorized to take Dennlson to
Iowa now, as Dennlson Is entitled to forty
days In which to file an appeal.
Tho supreme court decision was read to
Marshal Christian over the telephone from
Lincoln. Dennlson said what puzzled him
the most was how the Iowa officer should
have reached Omaha so soon after the
supreme court decision was known.
When the Evening News extra saying
that tie had skipped out was mentioned
to Dennlson, he Jokingly remarked that
he had been looking for the Iowa officer
for several hours, and falling In finding
him, had walked to the dounty Jail.
Pressed, however, for a serious reply,
Dennlson said he had not made himself
accessible to the law since 1 o'clock In
the afternoon, that he might consult a
lawyer, his counsel, W. J. Connell, being
at present out of the city.
No Dsmagee for Meatal Anguish.
LAPORTE. Ind.. Dec. T.-Judge H. B.
Tutlilll, in the Laporte superior court, ha
made a ruling that damages cannot be re
covered for mental anguish alone. Ten
members of the Joyce family of Chicago
surd the Pwinsylvanla Railroad company
for $:fl.0oi because they and tho body of
Mrs. Surah Joyce, enroute fronv Chicago
to Leetonia, O., failed to reach their
destination on time, and It was necessary
to bury the body without the full rites
of the Cathollo church. The court dis
missed the suits when the evidence of the
plaintiffs showed only mental distress as
their bast for the action.
NEBRASKA WEATHER FORECAST
Fair Tharsday aad Friday.
Temperatare at Omaha Yesterdayi
Hoar. Ilea. Hoar. Pes;,
fr a. m HO t p. m 4H
a. m an ? p. m ('
7 a. m Itn .1 p. m R.1
H a. m rs 4 . in IT
s. ni .Ill IV i. m nr
III i. n a 41 p. ni .12
1 1 n. m 4 T p. m A"
12 m 4 a Hp. m '
p. iu 41
FORMER PREACHER A FORGER
Admits His tinllt and Voluntarily He.
turns to Terns Town
for Trlffl.
HIAWATHA. Kan.. Dec. 7.-Speclul Tele.
gram.) A. A. Arthur, who came to Hla-
wntha several months ago nnd settled here.
representing that he was a retired preacher,
was arrested today by a St. Louis detec
tive on n charge of forging a check for
$10,000 at Paris, Tex. Arthur confessed and
will go to Texus for trial without a requisi
tion. Arthur, who Is a man 70 years old, has
many aliases nnd a long record. He Is snld
to be wanted at various places for forgery,
under the names of A. Lnrkin. B. Simpson,
J. C. Bliss, F. Andrews nnd E. E. Thomp
son. It is said that ho was released only
a few months ago from a Chicago' Jail, nnd
that he has recently completed a prison
sentence In Iowa. Arthur has beert a
preacher, evangelist and lecturer. He wns
pastor of a Christian church at Exeter,
Neb., about three years ago, and before
that time, it Is said, was pnstor of churchet
of various other denominations. He lec
tured on the Holy Land and raised money
for struggling churches. He was accused
of not turning over some of tnls money,
and the last Christian conference In Ne
braska publically denounced him nnd rend
him out of the church. Last August he
was In Paris, Tex., working as an evan
gelist under the name of H. H. Boyd. He
deposited In a Paris bank a draft for tlO.OiX
bearing the signature of an Athens, Go.,
bank cashier, and was permitted to draw
$2,500 of the amount. He came directly
here and was not located by the Plnkertons,
who have been after him ever since, until
today.
ARTILLERY OFFICERS INJURED
Premature Discharge of Ten-Inch Gnn
at Fort Wetherrll Does Con
siderable Damage.
NEWPORT, R. I., Dec. 7. -The prema
ture discharge of a ten-Inch gun at Fort
Wetherell, one of the defensive works of
Narrugansett bay, today demolished the
gun carriage and platform and hurled to
the ground the entire gun, detachment. In
cluding Lieutenant Colonel J. H. Wlllard
of the engineers, and Lieutenant Frank W.
Rawlstun of the coajt artillery. These two
officers had their eyes and ears tempor
arily affected and Lieutenant Rawlston sus
tained sever cuts on the face, but none
were seriously Injured except for a few
bruises caused by their falls.
It' is thought a defective primer was the
cause of tbe. unexpected discharge. To
gun had been loaded with a 570-pound shell
by a detachment of the Ninety-seventh
const artillery, under the direction of the
two officers. The breach had been closed,
but the recoiling gear had not been, placed
In position. Without the slightest warn
ing the gun was discharged and the recoil
lifted the piece from Its carriage and threw
It back on Its trunnions, wrecking them as
well us the platform. Fortunately no one
was standing directly behind the gun, but
everyone near it was thrown to tho ground.
The shell passed through the top of the
parapet, wrecking It, and continued on out
to sea.
DAMS IN THEN0RTH PLATTE
Scheme for Reclaiming; K4ff,nn.1 Acres
of I .a lid In Wyoming; and 2fi,
OO0.4MM) In Nebraska.
CHEYENNE, Wyo., Dec. 7. -The Interior
department at Washington has filed appli
cation with, the engineer of Wyoming for
water rights for lands lying along the
North Platte river in this state aggregat
ing 545,695 acres, to be reclaimed under the
national irrigation act and called the Path
finder project.
The state engineer estimates that about
300,000 acres will make profitable farming
lands, which will be reclaimed under five
canal systems.
The Interior department has advertised
for bids for the construction of the dams
and reservoirs, which In additlo nto stor
ing water for the ubove projects will re
claim about 250,000 acres of land in Ne
braska. BIG HORSE BREEDING SCHEME
Colony to Be Established In Colorado
for HaUliior Draft, Trotting- and
Running Stork.
DENVER, Dec. 7. John W. Springer, ex
proeldent of the National Live Stock as
sociation, is at the head of a project to es
tablish near this city what Is believed will
be the largest colony in America for breed
ing fine horses. Euch breeder will be a
specialist In his line. The colony will in
clude near 10.000 acres of land, and within
the boundaries will be raised American
coach horses, Belgian heavy draught hoists,
heavy ruirness colts, thoroughbred Ken
tucky saddlers and fritters. Speaking rf
the scheme Mr. Springer said: "I believe
better horses can be raised In Colorado,
and cheaper, tbun anywhere else ln Amer
ica." VIOLENT SLUMP IN STOCKS
Heavy I nloadlngr on Wall Street
Rapidly Carries Prices of
Active Stocks Dona.
NEW YORK, Dec. 7.-There was a vio
lent slump in stocks this afternoon. Thero
was heavy unloading in all directions and
the general list of active stocks showed
losses, of 2 to 3 points throughout. The
violent break gave rise to all sorts of
rumors, amongst which was one alleging
that an Important council of railroad presi
dents had been held to discuss the pro
posals In the President's message bearing
on the regulation of railroad rates which
had resulted In a feeling of alarm over
the outlook which was making Itself felt
In the stock market. Another drive was
made In the market In the final hour after
prices had been rallied from 1 to I points.
W. H. Thompson Better.
HT. LOU18, Dec. 7. The coiidl toi of
WilllHm 11. Thompson, treasurer of the
World's fsir and president of the N-th nil
Bank of Commerce, who has been suffering
from nervous debility Incident to his duties
at the exposition since November 'it, was
somewhat Improved today, 11 Is nuw fHU
atsWrsd ifl ul daugsr.
AKASAKA HILL FALLS
Important Foiition Fronting Fort Arthni
Taken by the Japanese.
RUSSIAN WARSHIPS OUT OF ACTION
Kiport frsra Tokio that th Foltara ia
Sunk in tbe Harbor.
RUSSIAN RESOURCES ARE UNTOUCHED
Present Flana Coatemplate Use of Only
Eight Out of Tweaty-Seyen Corp.
BOMBARDMENT IS . LnhD NEAR MUKDEN
Heavier Siege t.iin Are la Plare and
Ueaeral Ktnrlc by Islanders
Expected In Short
Time.
TOKIO, Dec. . t.Soon) The Japanese
troops occupied Akasaka hill, fronting est
Port Arthur, yesterday afternoon.
The Russian armored cruiser Bayan Is
reported to be aground.
The commander of the Japanese naval
guns in front of i'ort Arthur, telegraphing
on December 6. says:
An obseratlon taken from 203-Meter hill
shows that the tuiiei ship i'oltava Is sun
ami that the oattiesnlp lietvlzau is listing
Heavily to port.
Otisci vat Ions In ken December S covered
the results of the bombardment of lecem
ber 5. Are now inking observations trom s
hill near Klinishlying.
Since Decemner we have dally bom
barded the enemy's lleet lying south of
1'aiyu mountain. From thnt point only the
masts and tunnel tops of the battleships
I'obleda, Rttvlzan or the cruiser 1'ailada
could lie seen, but It was impossible to
count tne numoer ot our shells tuning ei
fect. On other chips explosions resulting from
our shells could be seen, but owing to their
positions behind hills It was difficult exactly
to identify them.
The total of our shells taking effect on
the enemy's ships were as follows: On a
vessel of the I'obleda type, thirty-four: on,
the battleship Rclvluen or tho cruiser Pal
lada, IhiNy-lour; on the turret ship Pol
tava, eleven. Besides these fifty other
shells struck, from which explosions foU
lowed.
Confirms Damage to Ships.
On December 5 seven, shells struck the
battleship Pobleda and about 3:30 p. m. a
big explosion was observed souiih ci Palyu
mountain, resulting from tho effect of our
shells evidently cm a powder magazine.
Tho successful result of the bombardment
on December 5 la Inspiring our men to stlU
greater effort.
Tli heudquarters of the Japanese army
In front of Port Arthur ha reported, con
firming the disabling ot the Russian war
ships Rctvtzan and Poltava and stating
thnt the cruiser Bayan Is aground.
The report goes on to say as follows: .
Owing to the plunging fire from 203-Metre
hill the enemy lias withdrawn to Akasaka
On December 6 our forces occupied an
entire fort at 1 p. m. Subsequently our
forces after ; dislodging the enemy occupied
an eminence north ot Suerh Kou and two
eminences north of Banllchlam at I p. in.
On December ti at t p. m., Un response to
th lienrer of the tlaa of truce, an armis
tice of five hours was granted xor me re
moval of. the dead. .
Description of Damasted Ships. .
NEW YORK, Dec. 7. The, Pols va was,
an armored turret ship of 10,830 tons dis
placement and 11.256 Indicated horse power.
It was built In St. Petersburg in 1891 and
went Into commission In 1WW. Its coat of
construction was nearly $0,000,000. Its
armament consisted of four 12-Inch guns,
twelve 6.9-Inch nnd thirty-four smaller cali
ber breech loading rifle guns of the Rus
sian Krupp pattern. It had a crew of 700
men. It had a speed of 16.2 knots.
The Retvlxnn is a battleship of U,700'
tons displacement and 16,000 Indl.iated
horse power. It was built in Philadelphia
In 195. Its armament consisted of four
12-lnch, twelve 6-Inch, twenty Inch,
twentv 3-pounder and six 1-pounder guns
of Russian Krupp pattern. Its speed was
eighteen knots an hour. ,
Russia's Strength Untouched.
ST. PETERSBURG, Dec. 7. The military
strength of Russia Is still untouched Uf
tho present war, according to an offl.tkal
report of the War ofllce. Of the 764 ut
trlcts In Russia there has been thus far
partial mobilization In A2S districts, and la
seventy-four of the latter only a few
categories were touched. In none are tha
reserves exhausted. The regular estab
lishment includes a guard and grenadier
corps, two cavalry corps and twenty-three
regular corps, exclusive of two in the Cau
casus, two In Turkestan and the. Siberian
corps. Ten of these corps are .now at
the front. Four more European aorps ami
five rifle brigades are under orders to All
up the three armies to 160,000 men each.
The present plans contemplate the use
of only eight of the twenty-seven regular
European corps.
Uenerul Sukliaroff under today's date re
ports that the Russian main guard at a
village southward of Laotchengulnl pass
was driven out yesterday by the Japanese
artillery. The Russians fell back on the
pt.ss after sustaining a few casualties. The
Japanese attacking forco subsequently re
tired toward Dupindu mountain.
The night of December 6 was quiet.
General Kouroputkln In a telegrum to the
emperor mentions Japanese attacks on
Sinchlnpu und Soudglunin, both of which
were repulsed and an unimportant outpost
affair on the right wing when the Russians
routed and buyonetted a Japanese guard.
AlexlefT Wants More Ships Sent.
Considerable circumstantial evidence ex
lbts showing that the ugltatlon for the dis
patch of a third squadron, comprlMng the
Bluck sea fleet, to the fur cast Is Inspired
by Admiral AlexlefT and is in hc nature
of a campaign ugalnst the Foreign office
nnd admiralty. The deniunds for tho rein
forcement of Vice Admiral Rojestvensky's
squadron by the Immediate dispatch of all
the availuble ships still In the BaJtlo Is,
however, growing stronger daily. A high
liuvul authority declares there are three
good battleships, the General Admiral
Apraxlue, Admiral ftenluvln and Admiral
Oushukoff, reudy at Llbuu, and thut the
cruisers Admiral Kornlloff, Vladimir Mono
much, Pumyat, Aiova and Minim could be
made rcisy quickly, while the battleships
Nlcolul 1 und Alexander II can be fitted out
with new boiler In time to sail with the
other relnforci mi nts.
M. Glnsbourg, who was prominently con-
I nected with Port Arthur as a navy con-
tractor, in an Interview declares thut his
J steamers aro constantly breaking through
j the blockade and makes Interesting revela
tions regarding tne situation prior to the
war. lio says he was in Japan buying up
supplies of coal and othor stores for Port
Arthur when sudiiculy, sevirul months be
fore the opening of hostilities, the Japanese
firms refused to supply him, declaring that
war would breuk tut. M. Ulnsbourg said
M,' Kutsura, a brother of the Japanese
prime minister, enublid Mm to fulfill con
tracts to provlslou Port Arthur, thereby
saving him from ruin, as otherwise be
would have been compelled to bring supplies
from Europe. M. Kataura. he adds, se
eretly sold M. Olnsbourg 10,009 tons of coal
from his own colliers, whivU Was ceoveyad.