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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 9, 1904)
The Omaha Daily Bee. The Best Foreign News Service will be Found In The Sunday Bee. THE SUNDAY BEL BEST NEWS BEST PICTURES BEST STORIES. SINGLE COPY THREE CENTS. ESTABLISHED JUNE 19, 1871. OMAHA, FRIDAY MOUSING, DECEMBER 9, 1904 TEN PAGES. SLUMP IN STOCKS' Frenrisd Huts to Bell Seonritiei Causes Fanio in Wall Street. NO BUYERS EARLY IN THE SESSION Largs Blocks of Shares. "X o ths Market and Valut f - t Z AMALGAMATED COPPER I 3 ? E RUSH It Loses Tea T ointa, a Tt j? 'wenty Tws Since Men. LATER IN DAY BUYING OR PPEAR tfuch of thn Vom Is Regained, bat Tone of Market Hamalaa Fnor li Total Sales Roar Three Million Shares. M. iV YORK, Deo. . Amid scenes of un controlled excitement and frenzied haste to sell aeourltlea the New York Btock ex change today witnessed the moat sensa tional decline In prices that It haa known alnce the hletorlo Northern Pactfio panto of May I, l'JOh Warned by the signs of the coming- Btortn made vialbla yesterday In the preponderance of ordera to sell over those to buy, the trodera were early on the floor of the exchange. When tha gong aounded for the opening of business there oamo from the struggling groups of brokera on the crowded floor a roar of human volcee so loud that It startled and thrilled all who heard It, At first It seemed that ail were aellera and that none waa left to uy. Aa the ahrlek Ing men surged around the trading poata tha "Impending Important developmenta" In tbla stock, the "possible Increase of divi dends on another," the "coming agreement with Ita principal rlvul" of a third, or what were the bull argumenta, were all forgot ten and brokera sought only to get rid of stock they held. Copper Leaas the Decline. The acene waa observed by a throng of visitors In the gallery. First to give way In the hurly-burly was Amalgamated Cop per, against which a campaign by a news paper advertisement haa recently been con ducted. Dropping eomellmes a point at a time, it fell until It sold at 58H, a decline of 10 points since last night's close and of 22 points from the highest of Tuesday. The 22-polnt recession represented a de crease In the market value of the com pany's total capital stock of more than $30, 000,000. ' Next to Amalgamated Copper the leader In the excitement waa United States Steel corporation stock, the common falling to Wh and the preferred to S4, over-night de clines of 8V points and 7 points respect ively, and declines of 84 points for the common and 10 points for the preferred from Tuesday's highest. The shrinkage In quoted values from Tuesduy represented over $45,000,000 on the common and $36,OuO,00O On the preferred, an aggregate on the com pany's capital stock of more than tSow.OuO. Union Paclna Also Decline. Other sensational declines were 6Vi in t'nlon Pad tie, 44 In Southern Pacific, 6 In American Sugar, 6V4 In American To bacco preferred, 7 in Brooklyn Transit, VM In St. Paul, U in Colorado Fuel. 11 In Michigan Central, i In Missouri Pacific and in Tennessee Coal and Iron. Values throughout the entire list were cut down with great rapidity, with margin accounts wiped out, and for nearly two hours the demoralisation was complete. During this period the transactions amounted to about 900,000 shares. Tha frightened throwing over of stocks almost without regard to price was checked about noon and there followed a period of Irregularity. Heavy buying orders ap peared, quotations started upward and be fore 1 o'clock many of the active stocks ' liaa regained consiuerauie ui uitrir lusrea. Tha tone of the trading remained feverish, but the rally was well held and the close was, comparatively- speaking, severely quiet. The total sales of all stocks today were 2,906.400 shares. Many cnuses for the day's selling were suggested, but the general opinion seemed to be that the bull market had brought In many buyers on small margins and j when the slgna of an Impending brjt.k we -e aean yesterday these holders were forced to sell out their speculative purchases at whatever prices were obtainable. Demoralisation Beglna Early. The stock market became demoral ized during the first hour today, after the weakness had been strenuously con tested by supporting orders. During these tactics the fluctuations wi re vo lant and frequent, but many prominent Stocks were held at ubout last night's level and Sugar above. Toward the end of the hour, however, support seemed to be abandoned and prices slumped through out. Amalgamated Copper fell by one-half point intervals 9Vs to 69, Tennessee Coal dropped . United States Steel preferred Mi. Colorado Fuel S, and Missouri Pacific, Loulsxllle & Nashville, Pressed Steel Car, Steel Foundry preferred, Hide & Leather preferred, Virginia Iron and others S points or over.' Chicago Great Western preferred "A" dropped 8. Calling for additional margins by alarmed brokers precipitated heavy liquidation In all directions. Boston Btarts the Trouble. The Btock exchange gallery was crowded not so much with out-of-town visitors as It was with people having business In tin district, who had heard of the market's de moralisation and were curious to witness the scene. The greatest crowds on the floor were around the Amalgamated Copper and United States Steel trading posts. The shouts of the brokers rose In a confused din to the gallery. To this noise was added the ring of countless telephone bells in the private booths of the brokera at the west end of tha fl'Kir and the scurrying In every dlrectlor of scores of messengers. It waa observed that many prominent brokers who seldom appear on the floor were there thli morning, in the excitement of the occasion they evidently deemed It advisable to handle their own business Instead of dis tributing orders, aa is often done. Sentiment was bearish from the outset. Before the opening It waa known that Boa ton had sent in heavy selling orders In Amalgamated Copper, also that the leading wire or commission houses were on the abort side. From all accounts the break In the first hour was largely due to forced liquidation. There la no doubt that many accounts were thrown over without regard to prices. Boston was reported to have sold over 45,000 shares of copper In the first few minutes and the break caused by them heavy offerings brought a flood of selling ordera In this and other stocks, chiefly In dustrial, to all parts of the room. AU Support Withdrawn. All support with withdrawn from tha market. Aa prlcea crumbled panio swept (Continued on Beoaal Pag.) GREAT DAY AT ST. PETER'S Fiftieth Anniversary of Promulgation of Dogma of the Immaculate Conception Is Observed. i ROME, Dec. , Pontlllcal m was cele brated In St. Peter's today In honor of th fiftieth anniversary of the proclamation of the dogma of the Immaculate concep tion. The procession which went down to St. Peter's by the grand staircase from the Vatican was imposing In the extreme owing to the variety of the uniforms of the guards, the richness of the papal court cos tumee, the purple of the bishops' robes and the red of the cardinals' vestments, form. Ing a brilliant setting for the venerable white-garbed figure of Plus X. The pro cession passed on to the papal altar, where was deposited the triple crown. After the celebration of muss at the high altar the procession slowly reformed and wended Its way to the chapel choir, where the pontiff with great emotion presided over the un veiling of the statue of the virgin of the Immaculate conception, bearing Its mag nificent new diamond crown, the gift of the faithful In all parts of the world, as homage to the virgin. This is the statue which wu crowned by Pope This IX at the tlmt of the promulgation of dogma of the im maculate conception. After the ceremony the procession returned to the Vatican, the pope, who was fatigued, going to his private apartments. The pontiff looked somewhat white and worn. At STRIA COKRCES THE PORTE Threat of Ships Cansea Promise of Chance In Turkish Poller. CONSTANTINOPLE, Dec. 8 The porte haa yielded to the Austrian demands re garding detention of Austrian malls and the incident my be regarded as closed. Threatened complications have, therefore, been averted. The Austrian ultimatum de manded the dismissal of the director of customs, the secretary-general of the vllla yet and the chief of police of Scutari within three days, failing which Austria would make a naval demonstration at Balonlca and following tha example of France on the occasion of the occupation of the island of Mityleno, would demand a settlement of all landing questions, In cluding government recognition of the schools under Austrian protection. The energetic attitude of Austria Is ordering a squadron of warships to be made ready to sail Induced the desired action on the part of the porte, with the result that the diffi culty waa tided over. . FREM'll DEPUTY FOUXD DEAD Man Who Assaulted Minister Andre Turna on Gas In Ilia Iledroom. PARIS, Dec. 8. M. Syveton, the nation alist deputy whose action in striking War Minister Andre In the Chamber of Depu ties November 4, led to the minister's resignation, waa found dead lato this after noun, having been asphyxiated by gas. Combes Has Narrow Majority. PARIS, Dec. 8. In the Chamber of Dep uties this afternoon the government es caped defeat by the narrow majority of two votes', 276 to 274, on a resolution Inviting the government to refer to the superior council of Judges tha cases of thoue magis trates who have been guilty of making secret investigations. SMITH IN A DANGEROUS MOOD Arsenal Taken from Him and Police in Chnrge Before Any Dam age la Done. George Smith, who gave his residence as Paplllion, while quenching an accumulated thirst yesterday afternoon, drifted into Cackley's saloon at Sixteenth and Chicago. Some passing badinage of the other peo ple who were laying money on the bar and getting it changed Into liquid solace aroused the ire of the delegate from Paplllion and he produced a gun that seemed of horrifying size. Before any damage was caused the weapon was taken away from Smith and . the police patrol was at the door to take him for a visit to Captain Pat Mosty"n. On having his pockets examined Smith proved a veritable mine of curios not ordinarily found in the pockets of a citizen of such a sedate and well-behaved town as the county seat of Sarpy county. There was a pair of brass knuckles, three dice, a knife, a bunch of blank cartridges and some other cart ridges that were not blanks; there was sliver money and paper money, note books and purses and divers small plunder bought or traded for during the dull hours In Paplllion. As Smith, who Is quite small and weighs In well under the lightweight limit, had threatened on the way to the station to send to the care of a doctor Patrol Con ductor McCarthy, a very large man and hard as nails, and because of his gun and the knucks and the dice and the Jag, he waa locked up to sober off. At 7 o'clock last night, it having been ascertained that he Is really a nice, curly-headed boy when riding on the water wagon, he was allowed to give bond and a laughter-choked crowd of his friends escorted him out of the station and headed him for home, but minus the dangerous things he had had In hla pockets. This morning he must an swer a charge of drunk and disorderly and carrying concealed weapons, among which Captain Mostyn counts the dice. NEW PRESIDENT OF BELLEVUE Dr. Garrett Harlow I.ampen of Phila delphia Fleeted to Succeed Dr. Kerr. Dr. Oar ret t Harlow Lampen Of Philadel phia waa elected president of Bellevue col lege by a majority vote of the board of trustees at an adjourned meeting in the Young Men'e Christian association building yesterday afternoon. The new president will assume charge of the Presbyterian school as soon aa he can terminate his present editorial and literary connections at Newark, N. J. Dr. Lampen la 37 years old aim unmarried. He la a doctor of science and civil laws and haa had experience in educational work, having taught in high schools and been at the head of an Indian sohool In Philadel phia. Rev. R. I Btevenson, vice president of Bellevue, whq has had charge of the school alnce the resignation of Dr. Kerr last sum mer, will remain with the Institution aa vice president. Several of the board favored electing him to the presidency. Dr. Lampen visited Omaha and spent some time at Bellevue not long ago. Deputy Kills a Mule. ' SPRINGFIELD. III., Dec. a-AdJutant Geni-rul fccolt received word from Major Elliott, commanding the state troops at Zeigler. that the troops had done, no firing the last twenty-four hours, but that United States deputy marshals had fired last night and had killed one of the coal company s mulea. The adjutant general reported tha health of lbs troops as good. PROTECTING INDIAN LANDS Fsnalty Frtpoted for Persons Whose Stock Trespasses on Them. BEARING DOWN ON THE LETTER CARRIERS Congressman Xorrls Proposes Amend ment Extending Terms of Pres ident. Senators nnd Hep- (From a Staff Correspondent.) WASHINGTON. Dec. 8.-8peclal Tele-gram..-Secretary Hitchcock today In a communication to congress calls attention to the serious need of legislation authoris ing the seizure of live stock found tres passing on Indian reservation lands and the subsequent sole of such live stock to pay the charges Incurred. With the ap proval of the attorney general Secretary Hitchcock suggested that section 2117, Re vised Statutes, be amended to read as fol lows: Every person who drives or otherwise conveys any stock of horses, mules or cattle to range or feed on any land belonging to an Indian or Indian tribe, without the consent of the individual Indian or tribe, is liable to a penalty of II for each anlm-il of such stock. And If any such stock Khali be found trespassing on such lands the owners shall be liable to the penalty herein provided, and the United States In dian agent or other officer in charge of such Indians or Indian lanus is he.eo, au thorized to seize and hold such trespassing stock In order that they may be sold or such number thereof as shall be necessary under the provisions of section 2126 of this title to pay the charges Incurred and the penalty prescribed. Cause of Cunningham Order. Postmaster General Wynne has Issued on order requiring the immediate return to active service of James Keller, president of the National Association of Letter Car riers, and President Cunningham of tho Association of Rural Letter Carriers. The charge made against the two officials above referred to Is that they were active during the campaign, and as they are under the wings of the civil service, in view of the president's message It was deemed ad visable to send these gentlemen back to their posts. Mr. Cunningham shortly after the election asked the postmaster general when an interview could be arranged, that he might present the views of the rural letter carriers for an Increase of pay. Mr. Wynne replied that he would see Mr. Cun ningham at a date to be agreed upon. The clause In the president's message which has a direct bearing upon the question of Influencing congress to an Increase of pay of letter carriers and rural carriers is par ticularly in evidence now. The clause reads: The letter carriers, both municipal and rural, are, as a whole, an excellent body of public servants. They should be amply Eald, but their payment must be obtained y arguing their claims fairly nnd hon orably before congress and not by band ing together for the defeat of congress men who refuse to give promises which they cannot in conscience give. The ad ministration has already taken steps to prevent and punish abuses of this nature, but it will be wise for congress to supple ment this action by legislation. Bill to Reimburse Joseph Crow. Representatlv Hitchcock today appeared before the subcommittee of postofncea and post roads In behalf of the bill now pend ing for the relief of Joseph Crow, former postmaster at Omaha, to reimburse him for the losses sustained by the defalcation of A. M. Olsen, stamp clerk la that office The bill provides for an appropriation of 11,029 and was looked upon favorably at the last session, but adjournment prevented its passage. It is believed the bill will be come a law during this session. Merriott Wants Settlement. George C. Merriott, trader at the Omaha Indian agency, is In Washington on bust ness connected with the agency. Senator Millard and Representative McCarthy, with Mr. Merriott, called on the acting com missioner of Indian affairs today with a request that hla accounts with the agency be expedited. Urge Eatelle's Claim. Tomorrow morning the Nebraska delega tion, including the democratic member, Mr. Hitchcock, will have an Interview with the president In behalf of Judge Lee S. Estelle, who is a candidate for commis sioner of pensions. The delegation Is earnestly working for Judge Estelle's ap pointment and they will put their heart in tomorrow's Interview about his appoint ment. Asks Increase for Clerks. Postmaster Palmer of Omaha and Senator Millard visited the Postofflce department today with a view of clearing up a number of matters that have been in suspension during the post few months. Captain Palmer presented the reasons why a num ber of his clerks who have been years in service should be promoted. Postmaster Pulmer has secured six ad ditional clerks and three curriers, to begin secvlce December 15, and twelve temporary clerks for the holiday season to serve from December 18 to 31 inclusive. Captain Palmer also secured an increase in salary for Clerks Hurst and Splllett. Extending; Settlers' Time. Representative Mondell today introduced a bill providing for an extension of tho limit of time within which a homesteader may establish a residence on the Shoshone Irrigation enterprise under the terms of the national Irrigation act. Too bill pro vides that all qualified entrymen who have heretofore or shall hereafter, prior to July 1, 1906, make entry upon the lands pro posed to be Irrigated In Big Horn county, Wyoming, shall have until May 1, 19u6, In which to establish a residence. It la also provided that the five years' actual residence required by the national irriga tion act shall not begin to run until actual residence shall have been established. Norrls Has Amendment. Congressman Norrls today Introduced a joint resolution providing for a radical amendment to the constitution. The reso lution seeks to amend the constitution as to extend the term of the president of the United Statea to eight years and that the terras of United States senators should be of equal length, but In cose of senators they shall be elected by direct vote of tha people. He would alao extend the term of membera of the house of representatives to four years. "I am in favor of a revision of tha tariff," said Representative Thomas of tha Eleventh Iowa district today. "That la, I am in favor of reducing tha Dlngley ratea on certain schedules, which now appear to ma to ba too high. I think, for instance, that there should be a reduction In ths steel and Iron schedules. The people of my district have settled down to taking things quietly after election, and they have not spoken on tha subject, but I thick I represent the vlewa of a majority of thm on this question." Postal Matters. Postmasters appointed: Iowa, Lscrew, Lea county, C. B. Holland, vies W. A. Ross, resigned. South Dakota, Lithia, Continued oa Second Pa r LEADING TAILORS SAY OMAHA. Neb., tKpc. 8, 1W4. Bee rublistiinn Co., OiuHiin.veo.: Dear Sirs In r ply to your re quest for a utaten nt of our experi- pnee In tlie wan columns of the Ouinha papers, ' reirnrd The Bee as the Ix'fi . . a nt nd paier In tMualm. It paid as right from our tstHrt four years ago. The 'first "d Inserted sold suit of clothes t( one of Omaha's leading wholesale men, and he Is today one of our best customers am. has sent us several other good ones. We mention this as a fair sample of the results obtained by us through Bee want ads. HesiKM'tfully. DHES11KH BROS.. 1515 Far nam St BOTH SIDES USED FRAUD Such Is Opinion of ths Experts in Denver Election Contest. DENVER, Dec. 8. Reports made to the supreme court today by handwriting ex perts who examined the ballots found In the box from the Sixth precinct of the Fifth ward, disclosed! evidences of repeat ing for both the demdVratlc and republican tickets at the late el4ilon. Expert George H. King, employed b the republicans, re ported that of the . sixty with the demur ballots in the box tic heading had been TPittpn hv eighteen rsor.s, one of whom had written eight, and another nve. ne said that twenty-two republican balolts had been written by ten individuals. Mr. King noted that the handwriting on som' of the ballots were the same as on some bal lots from the Ninth precinct of the Fifth ward, which he had previously examined. C. F. Reed, the democratic expert, Te ported that he found fifty-three demo cratic ballots, had been voted by eighteen persons and that thirty republican bal lots by thirteen persons. ST. LOUIS, Dec. 8. Tho opinion of Judge Sanborn of the United States circuit court denying the application for a writ of habeas corpus mode by Michael Doud of Denver, who la Imprisoned by the supreme court of Colorado on a charge of contempt grow ing out of the recent election, was made public today. Tho writ was denied on the ground that the action of the supreme court of Colorado Is reviewable by a writ of error from the supreme court of the United States and that precedent establishes the latter tri bunal as the reviewing court, rather than a federal circuit judge. The opinion states that the federal circuit court has jurisdiction, but as the applicant can also obtain relief through the supreme court of the United States and a final rul ing can be obtained from that court, the ap plication for the writ was' denied. The date for arguments was first set for December 10, but Judge Sanborn stated to day that on account of the inability of the attorneys representing both sides to be present in St. Louia, on' that date, it was agreed thst briefs Should . be submitted In place of tha personal appearance of the at torneys. PACE TELLS ON CONTESTANTS One Tenm is Ont and Others Tremble in tlx-Day Bicycle Race. NEW YORK, Dec. 8. That the long, hard grind In the six-day bicycle race was at last beginning to tell on the contestants was apparent today when It was announced that the Cald well-Hooper team was out for good and that Keegan, the Lowell, Mass., man was la such distress that he might be obliged to quit at any time. Indiscreet In dulgence in ice cream and other good things during the night is said to have contributed to the troubles of Caldwell and Keegan. During the early morning both riders became ill and for hours their part ners stuck to the track, maintaining their old position, while the other riders made constant changes. Keegan waa more for tunate than Caldwell, however, as he was able to relieve Logan after the latter had been plugging away for four hours. The physicians said he was in poor condition, however, and that he might be obliged to abandon the race at any time. When It became apparent that Caldwell would not be able to take his turn during the forenoon his mate after four hours of steady riding reported to me management that he did not feel equal to defending his place at one any longer. He wanted to formally withdraw, but at the suggestion of the management consented to take ad vantage of the four-hour rule. Under this rule. In event of any of the other riders being obliged to give up within four hours. Hooper may pair with the surviving part ner and continue in the race. At 8 o'clock the Vanderstuyft-Stol, Roth Dorlon teams had raced 1,396 miles, the Gougoltz-Breton Dussot-Mozan, Palmer Agraz, Sttmuelson-Willlams, Keegan-Logan and Turvllle-Mettllng trams had covered 1,393 miles 9 laps; Krebs-Fogler and Downing-Limberg, 1.393 miles 8 laps; Sulklns Rockowitz team, 1,388 mllea 9 laps. Record eightieth hour, 1,507 miles and 9 laps, made In 1899 by Miller and Waller. At 10 o'clock tonight in the six-day bi cycle race the Vanderstuyft-Stol and Root Dorian teams led with 1,606 miles and two laps. Gougoltz-Breton and Samuelson-Wll-llums teams were one lap behind. Five teams stood at 1.S06 miles, the Downing Llmberg team stood at 1,605 miles, 9 laps, and the Sulklns-Rockowlts team stood at 1,560 miles, 8 laps. The record for that hour Is 1,824 miles, 9 laps. DEATH RECORD. George I Frltaen. BEATRICE. Neb., Dec. . (Special.) George L. Frltzen, who was so seriously in jured In a runaway accident northeast of tha rity Monday evening, died yesterday morning without regaining consciousness. Mr. Fritsen was 29 years of age and had lived In Gage county for the past twenty five years. He is survived by a widow and one aon, alx years old. Funeral aervlces were held at 11 o'clock this afternoon from tha family home, alx milea northeast of Beatrice. Interment waa In Hanover ceme tery. Father William Kraeger. SIOUX FALLS. 8. D., Dec. 8-Father William Kroeger, the noted priest-healer of Epiphany, Hanson county, died at his borne in that place this morning of dropsy after a brief illness. Father Kroeger had been ailing for some time and although his condition waa not generally considered to be of a serious nature It was believed by his closest friends that his aliments were of a character that must terminate hla Ufa within a short time. DENN1S0N NOW IN CUSTODY Snprems Court Madifiei Its Mandate for hii Eemoval to Iowa. OPPORTUNITY GIVEN HIM FOR AN APPEAL Placed in Custody of Sheriff Power of Douglas County Pending Fur ther Order of the Court in the Case. j Tom Dennlson lasi night gave himself Into the custody of SheillT Power of D ug las county and will bo In his custody until the stato supreme court h .s heHrd and acted on the motion to be Hied by Dennl son'a attorney for a rehearing on the peremptory mandate Issued by tho su preme court on December 7. Whether Den nlton shall be placed In a cell, left ut lib erty In the custody of a deputy sherlif or whether he shall reside with the sheriff In his living rooms rests entirely with Sheriff Power, in such cases the latitude of the custodian of a prisoner Is practically unlimited. He alone Is responsible to the court and he may use his own judgme.it in caring for his charge. After due consideration Sheriff Power al lowed Dennlson to go to his own home lust night In the custody of Deputy Sheriff Joe Sherry, who will be his official at tendant for the time being. The sheriff said he expected a bond will be arranged for and given today, in which case the deputy sheriff will bo relieved from his watch. When Dennlson surrendered himself last night at the jail office Marshal Christian was present and took a formal tecelpt from Sheriff Power for the prisoner. Den nifion tat quietly by, Insouciant and un flurried, outwardly. That he was giving to the seriousness of his position some thought, however, was evidenced when a lawyer friend remnrked: "Well, Tom, I always thought the law was with you and that your appeal would win." "So did I," said the prisoner, "and the very best lawyers I could find told me the same thing, but the court had the last guess and evidently thought differently." "I Btlll think you will win out finally," persisted the legal gentleman. "The Unl el States courts are not susceptible to public clamor or prejudice; neither Is the supreme court of the United States." "Not even when It Is sought to tangle a man up with a bomb-throwing scrape 7" In quired Dennlson, with a faint touch of sarcasm. Taken Receipt for Prisoner. Just here Marshal Christian finished making out the paper by which he formally turned the body of Thomas Dennlson over to the custody of Sheriff Power, and it took the sheriff but a moment or two to make out and hand to Christian his receipt for the prisoner. Putting the receipt Into his pocketbook and buttoning his coat, the United States officer extended his hand to Dennlson and said, "Well, good-bye, Tom." Dennlson responded cordially, and after shaking hands with Sheriff Power the mar shal went away to get some sleep pre paratory to taking a train for home at 8 o'clock, this morning. "This ends your connection with the ease for the present, Mr. Christian?" asked a Bee reporter. "Yes," said the marshal, "and I am glad of It. I had expected to get away tonight, and was rather surprised when the new order came from the supreme court.-' . Asked as to his understanding of the tlma allowed Dennlson's attorney to file his new motion, Mr. Christian said he understood that forty days is the limit in which tha new motion may be filed and argued. Then the court will again issue its mandate con cerning the disposition of the prisoner, and he will go to Iowa In the custody of an agent of that state or will go free. Statement by Connell. W. J. Connell, leading counsel for Tom Dennlson, did not, Jior did- either Mr. Smyth or Mr. Smith, appear with Dennl son at the county jail. Mr. Connell made this statement: "This puts the whole matter of Dennl son's custody upon the sheriff of Douglas county. If John Power thinks It necessary to lock Tom Dennlson In a cell he is at liberty to do that; if he thinks It only necessary to place Dennlson under the care of a deputy, giving him his freedom to that extent, he Is at liberty to do that. It will not be necessary, however, to im prison Dennlson to keep him from escaping, for he is not trying to escape, nor will he. "We will file the appeal of our case Just as soon as we can make out the necessary papers. We have sent to Lincoln for the full opinion and can do nothing until that arrives, but will get to this thing without any unnecessary delay." Court Changes Mandate. LINCOLN. Dec. 8. (Special.) Tom Den nlson will not have' to go to Iowa for the present to stand trial on a charge of com plicity In the Pollock diamond robbery, the supreme court having modified its mandate issued last night to give him time In which to tile a motion for a rehearing or to take the case to the United States supreme court. Under the new order Issued, how ever, he will have to remain in Juil or in the custody of Sheriff Power until further orders of the court. The mandate states that Dennlson must be placed In Jail by Marshal Chrlstlun and turned over to the custody of Sheriff Power. Elmer E. Thomas takes this to mean that Dennlson will have to remain In Jail and that he cannot give bond under the order. Other attorneys admit that Dennl son cannot give bond under the new man date, but they hold that should Sheriff Power so elect he can allow Dennlson his freedom providing he Is willing to shoulder the responsibility. Mr. Thomas come down this morning to look after the matter, and Dennlson was represented by T. C. Munger of Lincoln, who appeared for W. J. Connell and Smylhe A. Smith, Dennlson's attorneys. Thomas wanted the order Issued last njght to stand, though not denying that Dennlson had a right to ask for a rehearing or for an appeal. Munger asked that the munduta Ims modified so that Dennlson , could be taken out of the state pending the appli cation for a rehearing. The point of difference between the at torneys was whether Dennlson would be allowed to give ball. Mr. Thomas ex pressed his satisfaction over the new or der and expressed his belief that Dennl son would have to be kept In Jail. How ever, it is a question that Sheriff Power will have to settle whether Dennlson will remain in jail. Text of tha Order. After consulting over the telephone, Chief Justice Holcomb Issued his order, as fol lows: This cause, coming on for hearing on this 8th day of December 1901, upon the motion of Thomas Dennlson for a HUHiMuiii.n ..r ,- o(H-ratins of the inaiidnte herein during iho I lime niii'eu I'-rr uiBMini 111.11 or tnis CUJ. on motion for rehearing in this court, or umll he may apply to the supreme court of the l'rlled Slates for a writ of error, ami It appearing to the court that the ald ii.ora ia (Continued aa fiaoond ps NEBRASKA WEATHER FORECAST Fair Friday ana Saturday! Colder Friday In Eaat and Sorth Portlona. Temperature at Omaha Yeateadayl . Hour. lira. Hour. Deg. 5 a. m Hit I p. m ..... . at ffl n. m UT a n. m " T a. m JNi a p. m ST H n. m aa -4 p. m tt a. m ...... .IT B p. m. . . . . . a to a. m 3tt p. m M II n. m 44 T p. m K1 III m BO H p. m 4 l p. m. . . T TWELVE BODIES REVOVERED Explosion In Washington Mine Brings Death to Many Four Are Still Mining. TACOMA. Wash., Dec. 8.-The mining town of Burnett, the scene of a frightful explosion waa visited by hundreds of spec tators today. An air of profound gloom pervades the little town. The death list probably will reach six teen, twelve bodies having already been recovered. Hut little hope Is entertained for the other four men known to have been In the mine. Joseph Forsyth, a foreman with the work ing party, la the only one rescued alive. Gus Strand, of the first rescue party, was overcome by gas, but was saved by the second party. ( Coroner Brown says an Inquest cannot be held until It Is possible to take the jury Into the mine to the spot where the dis aster happened. All the bodies brought out were badly burned about the face and exposed parts oi the body. The theory Is advanced that a dust explosion followed the discharge of a blast. Coroner Brown is on his way to Tacoma from Burnet. The Burnet mine Is owned by the South Prairie Coal company. At the time of the accident there were about forty men at work. Just prior to the explosion some of the mlnera had ascended to the surface and others were able to make their way to safety after the terri ble blast, which shook the neighboring territory like an earthquake. Two workmen wera rescued badly in jured, but it is believed they will recover. The Burnt I mine employs between seventy-five and 100 miners, working in two shifts. Many of the employes are Poles and Italians, and the married victims of the catastrophe leave large families. DELEGATE SPEAKS OF MISSION Archbishop Aglna Telia of Instruc tions from Pope Regnrdlng the Philippines. SOUTH BEND, Ind., Deo. 8.-At the Notre Dame university today the celebra tion of the golden Jubilee of the Immacu late Conception was presided over by Arch bishop Agius, apostolic delegate to the Philippines. In addressing the students after pontlflanl high mass the archbishop, who Is on his way to see Secretary Taft in Washington, declared that his mission to the archipelago was "to restore peace, to assist the Filipinos in their legitimate aspirations and to encourage them to be loyal to the present government." "When I came from the holy father," the delegate said, "I asked him, 'What am I to do?" He answered: 'Go and con tinue what you have been doing In Rome for the lust ten years. Devote yourself to the good of souls. Help them to be loyal to the present government. Go not as a politician, but as an apostle.' " The same anxiety to emphasize the peaceful character of his mission appeared In the portion of his address In which he exhorted the students of Notre Dame to bear their part in the work to be done In the islands. "Some of you may come out," he said, "as lawyers, and they will be necessury there; some as engineers, and many, I hope, as teachers. Some of you may come out in the army, but to these I say, do not bring any arms or ammuni tion with you. Come as friends. The delegation will bo always open to you, ond you will be welcomed as friends, but not as fighters. The program that I bring with me from Rome Is peace." PATTERSON JURYJS COMPLETE Prosecutor Makes Ills Opening Stnte ment and Adjournment Is Taken I'ntil Noon Today. NEW YORK, Dec. 8. After John D. Benedict had been removed from the Jury box by Justice Davis In the criminal branch of the supreme court the two Jurors necessary to complete the panel In the trial of Nan Patterson for the murder of Caesar Young were chosen this after noon nnd Assistant District Attorney Rand at once began his opening statement. Miss Patterson was the only woman In the court room when the prosecutor opened. Mr. Rand practically repeated the charges he made at the former trial, which was brought to a sudden end by the Illness of a Juror. After Mr. Levy, representing Miss Pat teison, had objected to certain statements made by Mr. Rand adjournment was taken until tomorrow noon. It is believed that Justice Davis has taken the position excluding woman not directly connected with the cose front the court room, largely out of consideration for the prisoner. Miss Patterson complained bitterly during the first trial because she was obliged to "sit all day and be stored at by a crowd of women," as she expressed it ENTIRE FAMLY IS KILLED Wealthy Merchant and Planter's Home Is Visited hy t'aldentl ned Men at Night. AUGUSTA, Ga., Dec. 8.-Some time last night Ben H. Hughes, a wealthy merchant and planter of Trenton, S. C, and entire family were murdered and the house burned. Investigation revealed the fact unidenti fied parties, believed by the tracks found to be three men, entered the house, mur dered Mrs. Hughes In her room with an ax, then went to the room occupied by the daughters, Emma, aged 19, and Hattlc, aged 11, and murdered them in like manner without the girls awakening. Hughes evi dently heard the noise and went from his room Into the hallway, where ha waa shot down. A special train waa sent to Colum bia for bloodhounds to track the murder ers. Tha highest state of excitement pre vails through the community. Convicted Man Escapes. STURGIS. S. D., Dec. 8.(Bpeclal Tele, gram.) William Hudson, tried at the pres ent term of the circuit court here and adjudged guilty of having obtained money from the Meade County bank under false pretenses and sentenced to two years und Un months, broke jail tonight. He cut the bare and escaped. Ha did tha deed with a casa knife and soap. FIRING OX WARSHIPS Tokio Eareives Farther AdMc Isgarding Bombardment of Fort Arthur. FIVE VESSELS SAID TO BE DAMAGED Armored Cruiser is Beported Earning; to Its Fore Deck. TWO BATTLESHIPS SUNK IN THE HARBOR Tws Others Are Badly Damaged and Fifth Oat of Bangs. CORRESPONDENTS VISIT THE HILL Advanco Worka Are Torn Away and the Slopes of tha Hill Are Covered with Dead and Debris. TOKIO, Dec. (11:80 a. m.) The com. mander of tho Japanese land buttery In front of Port Arthur, reporting on Decern her T, says; An observation taken today (December 7) from aa-Metre hill shows that the turret snip l'oliHvu Uts sunken as reported on December S. The battleship Retvlzan seems to have sunk. Its stern being under water. The bombardment today (December 7) has heavily damaged the huttUshtp Po bieda, winch Is listing to starboard and showing the westward portion of its hull, which Is painted red. tt p. m. The following report from tha commendcr of the naval hind bnttery in front of Port Arthur was received at 1 o'clock this afternoon. The battleship Pohlodn's middle funnel Is seriously damaged. The vessel is list ing aft nnd is submerged to the stern walk. Tho battleship Peresvlet a upper deck la submerged. The battleship Retvlzan Is listing to starboard and its upper deck is nearly submerged. The protected cruiser Palludu, which Is lying between the Ketvlsun and the mine ship Amur, cannot be distinctly s.un, but there seems to be a slight sinking astern, the actual extent of the damage sustained it Is not yet known. The armored cruiser Bayan Is now burn ing to Its tore deck. 'i'he battleship tSevasto)M)l appears to ba lying In the cast harbor alongside the great crane, bu. only the tops of Its masts ire visible. A hill completely hides its hull. The principal alms tnken by the naval and military guns today are at the Pal- lu.la. Bayan and Sevastopol. The commander of the naval land battery on 203-Metre hill at Port Arthur reporting at. 2:30 p. m. today says: At 12:30 today it became certain that the Peresvlet has been sunk. It Is in the same condition aa the Poltava. The Pallada Is beginning to list to port. We are vigorously bombarding the Pallada. Decorations for Naval Officers. A long list of decorations and promo tions of naval officers at Port Arthur, signed October 114 and publl hed at St. Petersburg November -5, showed that tha warships at Port Arthur on the former date Included the battleships Retvlzan, Pobleda, Peresvlet, Poltava and Sevastopol, the armored cruiser Bayan, the protected cruiser Pallada, the gunboats Vaadnlk, Glliak and Bobra, the coast defense ves sels Otvashnl, the transport Amur (slnos ' described as a mina sldp),, the transport Angara (since teferred to as a hospital ship), and the torpedo boat destroyers Strolnl, Silnl, Bmely. 8erd.ti, Bclki, Bes shuml, Sorosevol, Ratslastchl and Raa torophy. Of the destroyers the Rastorophy waa blown up at Che Foo by Ita crew, having gone there with dispatches. Or the Other named ships, aa the result of the Japanaaa bombardment from 2u3-Meier hill, tha Pol tava has been sunk; the Retvlzan Ib listing to starboard and its upper deck nearly submerged; the Peresvlet, according to tha report of the commanding officer of tha naval land battery received at Toklo at "2:30 Thursday afternoon, has certainly been sunk; the Pallada is beginning to list to port and Is still undergoing A vigorous bombardment; the Pobleda, according to the latest official Japanese advices, is seri ously damuged, listing aft and submerged to the sternwalk, and the Bayan Is aground and burnlnz. Thus two of the five battleihlps have been sunk, two have been seriously nam aged or are in danger of meeting the fats of the Poltuva and the Peresvlet, and tha fifth, the Sevastopol, teems to be some what out of the Japanese range, protected by a hill, above which only the tops of its masts can be seen by the Japanese gun ners. Of the cruisers the Bayan seems to have been altogether disabled, Wh.le tha) Pallada Is listing and Is a special object of the Japaneso fire. Cortespondent Visits Hill. HEADQUARTERS OF THE THIRD JAPANESE ARM If BEFORE PORT AR THUR, via Fusan, Dec. 8. The Correspond ent of tho Associated Press visited 208 metre hill, the scene of the awful alx days' fight which ended with ita capture by ths Juanese. 1 The advance works and the crest of tha hill were torn away, the slopes of the hlU were covered with debris and tha trenches were smashed arid filled with soil. In, a single section of the trenches 100 yards long over 2o0 ' Russian dead and wounded were seen. They hod been horri bly mangled with dynamite grenades. Third Fleet la Planned. ST. PETERSBURG, Dec. 8.-The Associ ated Press is authorized to announce that Russia has no Intention of sending tha Black sea fleet to reinforce Admiral Rojent vensky's squadron. It Is, however, Rus sia's purpose to dispatch a third sqUudion from the Baltic as soon aa It can be made ready. The third squadron will consist of five lronclado, three cruisers, ten torpedo bouts, two transports and two hospital ships). COURT DOUBTS ITS POWERS Chicago Judge Will Enter So Order In McKrnsief Family ult. CHICAGO, Dec. 8.-Befora Judge Tulef in the circuit court today the separata maintenance case . brought ugalnst the wealthy Idaho mine owner, David Mac Kenzle, by Mackenzie's wife came up on a motion of tha wlfo's solicitor for ali mony and solicitor's fees. In view of MacKensie's objections to tha jurisdiction of the court because ha Was served with process in a civil court while defending the alleged criminal charges, of which he haa since been acquitted, tha court declined to grant any alimony or solicitor's fees and continued the matter until the latter part of December, at which time the question of the right of the court to enter any order will be heard. Georgia Family Is Murdered. ATLANTA, Ga.. Dec. S.-A special from Trenton, B. C, says an entire white family there named Hughes has been niurdt-rad. Meager details so far received resemble the killing of the Hodges family at Mlala tioro last August. I 1