Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 09, 1904, Image 1

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    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