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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 10, 1904)
rmTI-Pages Ito 8 I XfTE OMAHA DAILY BEE. THE SUNDAY BEE-BEST NEWS BEST PICTURES - BEST STORIES. OMAHA, SATURDAY MORNING. DECEMBER 10, 1904 SIXTEEN PAGES. SINGLE COPY THREE CENTS. ESTABLISHED JUNE 19, 1871. ONLY WATER DEEDED Hebraaka Oitiieni Deaire to HtTt it Fir nishsd by Oortrnrntit. URGE COMPLETION NORTH PLATTE SCHEME Much Mora CompraheniiT and of Larger Boope Thai Prirata Ont. PROTEST ON TRI-STATE LAND COMPANY fromoters and Pradecisim Haft Accom pli abed Little in Yean SCHEME ALSO MEANS LARGETENANT CLASS Fort MeKtl to Have lmrormiit Jlmtiatlif to a tluartee of Million Dollars During- tko riiai v. (From a Staff Correspondent.) WASHINGTON, Dee. 9. (Spool il Tie- - I I ( r matlon service has received several pe tition signed by a, large number of citizens Hi .. .,u ii;iuu, sirongly urging pro.upt prosecution of the work under taken by the aervlce In conntctl n wlih the reclamation of the arid lands In tlie North Hatte valley. These petitions recite that the cltixens who reside within the territory of the Irrigation reserve are all deeply Inter ested In the reclamation by Irrigation of this part of the arid west; that Ihey are unanimous In the belief that the govern ment plan now being carried out under the national Irrigation act is wise and practical and Is the only method by which :hls great arid territory can be reclaimed. They are fully convinced that the gov ernment's plan of reclaiming this very large body of land in Nebraska Is clear, simple and withal certain of beneilclal re. lulls an dtha tthe approval of the secre tary of the Interior of tne request of the Trlstate Land company, through Its pres ident, H. O. Leavltt, to have certain lands under the proposed lines of Its prospe.tlve canals allotted to It for reclamation, will greatly retard the work of reclamation In the North Platte valley and thereby serl lasly Interfere with the development of that part of the state. T!ir petitioners recite that the operations of the Trlstate Land company and its predecessors In that part of Nebraska for the last twelve years, during which time they have held an appropriation of water for 60,000 acres of land and produced no beneficial results, have been detrimental to the best Interests of the country; that the company has during that time com pleted but twenty miles of canal, covering ntvut 8,000 acres of land irrigable there from, and that the remaining part of this tract is still in a state of nature; that this tract was originally entered by early settlers as homesteads, and that the company in holding the appropriation for water and ' neither building ditches nor permitting others to do so has compelled settlors to sell .their holding to too com pany, which has thus acquired and now controls a large and valuable territory. Com pa a r in Default. It la farther recited that the twenty miles of a canal constructed was built mostly by early settlers of this county under contract with the Farmers' Canal company, predecessors of the Trlstate Land company and that said company has thus far evaded paying these men for the work of construction of said canal, the records of Scott's Bluff county showing that Judgments are held against the com pany for this construction work In tho um of $30,000. The petitioners stute that they view with alarm and suspicion any further attempt of this or any other cor poration to secure large and valuable tracts of land In that section under the guise of reclaiming the same. They therefore pray the secretary of the Interior to deny the request of the Trl state Land company wherein It asks that certain lands In Nebraska be wl hdrawn from government management and control in the matter of providing for l.rlgatlon of the same. The cltlsens are unanimously Opposed to tha proposition of the Trlstate Land company for various othtr reasons, principal among which are: First, that the company proposes to hold in one tract a, large body of land which is to be leased to Mnants at an annual rental, thus producing e 'system of tenantry slmlUr to that which prevails in Europe and which la abhorrent to American .cltlsens. Second, that the project of the corporation Is lnlmlc.il to the success of the larger and more compre hensive project of, the government, which in order to bo success. ul requires that the lands desired by the TrUlate 1-ind com pany shall ba included in it. The petitions and the recommenda Ions of the chief engineer and his assistants have been referred to the secretary of the in terior for bis consideration. Senator Klttredge of South Dakota left Washington today for New Hampshire to spend a week visiting his parents. He ex pects to be absent from the capital about a week. Cost of Hatching; Fish, t the Manchester (la.) fish culturo sta Jon, according to Mr. Bowers, commis sioner of Oakeries, many millions of spawn, of salmon and bass were auccecaiu.ly prop agated and placed In various streams at an expense of 14,000. The 8peartlsh stat o i In South Dakota, where trout only were propagated, cost $2,fid last year. Improvements at Fort McKensle. Congressman Mondell waa at the War de partment today to aC3ilaln how much money the department ixpided to set aslJe next year for Fort Mclvenx.e. Quarter master General Humphrey Informed him that Fort McKensle wojIJ In all probabil ity be increased to an eight-company, two-battalion post and that this change would cost between 12ot.(kW and 126,0.0. Ko Money for I pper River. L. M. Boiwell of Qulncy, III., secretary of the Upper Mississippi Improvement as sociation, will appear before the rivtrs and harbors couiinliwe of the huuse In a few days In behalf of his a-uclatlon, which desires a large approp.l Hon for tho upper Mississippi, but there is little I k.llhood of congress appropiiai.ng any m ney for thj upper Mississippi at this session. T. H. Pratt,- city c.ek of Lincoln, and wife are In Wa.hiiton on a pleasure trV- Jadge Baker Removed. Under an order front the president. Judge II en 8. Baker. Judge of the Third Judicial dl.'lrict of New Mi; loo, and associate Jus tus of the supreme court of the territory, hns been removed . from office. This Is the outcome of charges that have been undtr Investigation for noma months. W. H. If. Llewellyn bag been In Washington for sime (Continued oa Second Page.J ELEVEN FISHERMEN DROWN Attempt to Resrae Norwegian Sailors Resalts Fatally to tho Rescuers. LONDON, Dec. 9. Eleven fishermen were drowned today In on attempt to swift the rnrd today In on attempt to assist tne s-cgian steamer Anglla, from Himburit Sunderland, which was wrecked o- Norw for S rocks near Newbiggln, Northuro In response to distress signals v fishermen went out In a fishing boa was struck by a heavy sea and sw ..ped. A lifeboat subsequently picked up a single urvlvory who was clinging to the fishing boat. The Anglia's crew Is safe. CELEBRATE FEAST OF ST. GEOHGE Men Who Receive IJecorntlono Are Gaeili of the tsar. ST. PETERSBURG. Dec. 9 The Winter Palace today was the scene of the celebra. Hon of the feast of St. George, the greatest military holiday of the year, to whic h every i man in Russia, no matter what his rank , upon whom the cross of St. George or a sword for bravery has been conferred, it invited to be the emperor's guest at din ner. Notwithstanding the absence at the front of a large number of the officers ol the army and navy usually present It was a brilliant spectacle. The grand dunes lr. j of 0fflCtrs In tho service. It is recom gorgeous uniform and crippled veterans ar- nit.n(iej that the salary of the minister rayed in the garb of private soldiers moved dde by side throughout the throng. Many sailors o the cruiser Varlug and the gun boat Korieti, sunk off Chemulpo at th wV... , - r . jtviujjinuiiY miu Dei via aiiv utre . v..w.w opening of the war, were present. The and Montenegro and for n consular agent Grand Duke Michael (grand uncle of the j ln uuigara. lncrcaaed salaries are recom emperor), the only person possessing the j nieIule(1 for the secretaries of the legations order of St. George of the first class, be- . Turkey and Switzerland. A third secre- stowed on him for his victory over Mukhta J Pasha In 1877, was the center of especial attention. The vast hall was lined by guards of honor, who saluted Impartially each decorated hero whether grand duke ot private soldier. The ceremony consisted ol a grand Imperial procession and te detim at tho cathedral, followed by a dinner spread In the Nicholas and St. George white salons. About 400 guests were present. The em peror was ln a particularly gracious mood, displaying especial attention to the officers, soldiers and sailors who earned their deco rations during the present war. vierojr Carson In India. BOMBAY, Dec. 9 Viceroy Curzon . ar rived hero today from England and mot with an unurually cordial reception. Many of the native rulers traveled to Bombay specially to welcome the viceroy. Replying to an address of the corpora tion of Bombay, Viceroy Curion said he had returned to complete certain works he had commenced among others "to rt.et tighter the bonds of steel Unit constitute the land defenses of India, so that none might rashly force an entrance, threaten lta security, or dissipate the prosperity of the people. This will be accomplished by General Kitchener's great scheme for mill- j tary reorganization and by a policy or. friendly alliance and understanding with our neighbors from L'Hassa to Kabul." DR. ZEIGLER FILES A CLAIM Chicago Physician Asks for 12MW0 frora the Estate of Mrs. Harriet McVlcker. CHICAGO", Dec. Dr. U O. H. Zelgler, who was physician to tha late Mrs. Har riet G. McVlcker, who died In Pasadena, Cal., last summer, today filed a claim in the probate court against tha McVlcker estate for $126,650. The claim of Zelgler is certain to meet with reslstence at the hands of Horace McVlcker, stepson of the de ceased woman, who from the first has questioned the right of the physician to any share or portion of Mrs. McVlcker's estate. There are seven items mentioned In the list, but the principal one Is a claim for $100,000 which Dr. Zelgler says is due him by the terma of a written contract executed by Mrs. McVlcker In 1899. The remainder of the amount asked for In the claim is declared by Zelgler to be due for compen sation and expenses promised by Mrs. Mc Vlcker to the claimant upon an oral con tract to leave Chicago and devote all bis time to care for her and accompany her as a physician to California. SELLS ROAD TO HUNTINGTON Report that Sonthern Parlflo Has Acquired Interest In Pacific Electric Railroad.' 1 8AN FRANCISCO, Dec. . The Call says today that Banker I. W. Hellman has sold his Interests in the Pacific Electrlo Rail road company of Los Angelea to Henry E. Huntington. The purchase by Hunting ton la said to have been made on account of himself and E. H. Harrlman, president of the Southern Pacific company. Tho Pacific Electric railroad of Los An geles Is the biggest system of Its kind in that city. It controls the Interurban lines, which for a time threatened to make war between tba Southern Pacific company and the street railway owners. Tho price paid for the transfer of the Hellman interests Is not mentioned. H. E. Huntington leaves today for New Tork to meet Mr. Harrlman. ANOTHER TEAM OUT OF RACE Tea Teams Only In Bleyclo Contest Whloa Waa Started by Eighteen. NEW TORK. Dec. 9.-Another team, the Bulkins-Rockowlts combination, withdrew from the six-day bicycle race at Madison Square Gurden today, leaving only ten teams of the eighteen who started away on tha long Journey at midnight Sunday. : They simply got tired Of the hopeless grind 1 and as day was breaking gave up the ' struggle. At the time Sulklns and Rocko ' wits were nearly loo miles behind the lead ' er, so that their retirement will have no i bearing on the ultimate result of the con test. The riding during the night waa a steady pace, with occasional sprints. At 8 o'clock, after 104 hours of riding, the leading teams were 240 miles behind the record estab lished by Miller and Waller in 1899. SERIOUS ACCIDENT AT MINE One Man Killed and Seven lajared by Cage Running; Wild. JOLIET. 111., De. t -A terrible accident occurred today at mine No. 1, In South Wilmington. Engineer Paul Leslie failed to control the cage in which tin men were being lowered. The cage ahot to the top of the tower and the men were thrown high in the air. An Italian miner was caught and crushed to death. Another miner, John Kucera, was fatally hurt. Six others were Injured. The men thought Leslie had been careless and wtr pre pared to lynch tho engineer, when offlVer. arrived and drove tin) angry crowd aaway. CHANGES IN THE CABINET Members of President' i Official Family ire Expected o Resign by March 4. gr s ,eV DIPLOMATIC SERVICE r" -- ii.. n.nnin,,nia a Member of Kew Ministers and Consols and Increase of Salaries Several Points. at WASHINGTON, Dec. 9. That there may be changes In the diplomatic service and possibly In the cabinet Is evlcl.nt from n statement made by a high official of the Slate department today, replying to an in quiry, in which he said that the president expects all the members of his cabinet and all ambassadors and ministers to send In their resignations between now and March 4 next. Weeds of C'onanlnr Service. In the estimates for the diplomatic and consular service forwarded to congress by Secretary Hay through the Treasury de partment, recommendations are maue lor Increasing the salaries of a large number to Argentina be Increased J2.000, that of the minister resident to Liberia $3,600. and that provision be made for a minister to Koumania and Servla and one for Greece tary lg lirposea for the legations to Italy and Austria and new consulates at the following places at the salaries named: Alexandria, $2,600; Belgrade, Servla, $3,000; Buchurcst, Roumaniu, 3,mX; Car.sbud, Aus tria, $2,000; Sandokan, British North Bor neo, $3,000; and a consul general at Teheran, Persia, at 3,(M). An increased allowance of $2,000 for bringing home criminals Is asked; ab-o $50,000 for carrying on the work of delimiting the boundary line between the I nlted States and Canada. Increases were recommended In the sal aries of a large number of consulates. Increases of $20,000 ln the uggregate in allowance for clerk hire is recommended for thirty-nine consular offices. Increases also are recommended for Interpreters at consulates ln China, Japan and Corea and for interpreters and guards in Turkey and Zanzibar. An extra allowance for rent of the consul general at London Is recom mended and $4ft) for the International ceme tery at Tangier. t Reformers Attack Roosevelt. At the final session tit the National Civil Service Reform league today President Roosevelt was severely criticized for the exemptions ln the service through execu tlve orders made by him during the last three years. Nelson S. Spencer, formerly member of the Municipal Civil Service com- mlMsion of New York City, made a direct at tack on the course pursued by the president, which was loudly applauded by many of the civil aervlce reformers preeent. Tne president was defended by former Civil Service Commissioner Foulke, who declared the country waa to be congratulated on having a president who was actuated by consideration of Justice as well as of law. . In his remarks Mr. Spencer declared that the logical consequence of a continuance of the present practice of making exemp tions is the restoration of the condition ot affairs as they existed prior to the passage of the civil service act. The leugue re-elected moat of its present officers, the principal exceptions being the addition of Herbert Welsh of Philadelphia, Moorefleld Storey of Boston and Theodore N. Strong of Portland, Ore., to the list of vice presidents. The report of the council committees were submitted by Samuel H. Ordway of Massachusetts. One of the resolutions re cited the regret of the league at the fre quency with which the president had di rected the suspension of the civil service rules. After a prolonged discussion, during which this resolution was objected to on the ground that it reflected on the presi dent, it was amended so as to omit men tion of the president and was finally adopted. Interstate Commerce Commission. Enlargement of the powers of the Inter state Commerce commission la one of the questions which will be pressed vigorously at the present session of congress. It can he aald that in the mind of President I Roosevelt, no enactment more important than this to the people of the country la i likely to engage the attention of congress this winter. In conference with members of the sen ate and the house, the president has em phasized the arguments he advanced in his message In favor of an extension of the powers of tho Interstate Commerce com mission. With several members he dla cuseed the subject today, earnestly advo cating the reccommendattona contained ln his message. To two paragraphia in the message he has directed particular atten tion. In a talk with Representative Graff of Illinois he Indicated these points of the message: Above all else we must strive to keep the highways of commerce open to all on equal terms; and to do tills It la necessary to put a complete stop to all rebates. I do believe that, as a fair security to shippers, the commission should be vested with the power, where a given rate lias been challenged, and after full hearing found to be unreasonable, to decide, as to Judicial review, what ahull be a reasonable rate to take Its place; the ruling of the commlwdon to take effect Immediately and to obtain unless it is reversed by the court of review. Until 1897 tho Interstate Commerce com mission exercised the power to regulate railroad freight rates, but the supreme court then decided that under tho law the commission had no ouch authority. Wes tern members of congress, eepeclully, have urged on behalf of their constituents that the power recommended by the president be conferred by law on the "commission. Strengthen Swayne Case. The sub-committee of the house Judiciary committee, which has been taking testi mony in the case of Judge Swayne of Florida, today reported to the full commit tee evidence heard' since the adjournment of congress. Representative Palmer (Penn.), chairman of the subcommittee, waa directed to sub mit to tha house a report for the full com mittee, embracing the following: . "The committee on the Judiciary re spectfully reports to the house the testi mony taken in the case of Charlea Swayne since congress adjourned, with the conclu sion that ln their opinion said testimony strengthens the case against said Cha let Swaj ne." Needs of Rivera and Harbors. The house committee on rivers and har- I bors decided today to send for some of the I district engineers, aa they desire to heir I from them on the needs of rlvera and har- bora In their respective districts. A brief meeting of the cabinet was held today at which only routine bualnesa was considered- NEBRASKA MANJN SAD PLIGHT la ' Oregon faunae Asylam with a Incurable Case of Epilepsy. 8ALEM, Ore.. Dec. . (Special.) Seised with fit after fit, sometimes having two or thr e dozen a day. Walter Daly, a young man who claims to come from Omaha, la undergoing treatment In the Oregon Asylum for the Insane at Salem, with not much chance that he will ever recover. He is a Spanish-American war veteran, bearing a wound Inflicted on San Juan hill, but little Is known of him here save his Nebraska origin and the fact that he hns a wife and brother ln San Francisco. His father and mother are supposed to be ln Omaha. Daly was brought here from Eugene, Lane 'county. Ore., where he was In Jail on the serious charge of Impersonating n officer for purposes of robbery. The Ne braskan's alleged system was to Intercept tramps coming into Eugene on the rods and hrakeheams of the Southern Pacific, tell them he was a special officer and de mand a portion of their change before they could stay In town. He Is charged with securing quite a sum In this way before a real officer was Informix of the alleged scheme. Daly was promptly arrested. The signs of epilepsy became more pronounced after he was bound over to await circuit court trial, and when he had forty fits in one day he was r moved to the State Asy lum for the Insane. The patient declares a blow on the head from a baseball bat when he was 8 years old is responsible for his condition. SUPPOSED DEAD MAN FOUND Woodmen of the World Locate Man In New York Who Disappeared from Texas Three Years Ago. PLATTSBl'RG, N. Y., Dec. 9.-Three rep resentatives of the Woodmen of the World, a fraternal society with headquarters In Omaha, and two detectives left tonight for Cleburne, Tex., with a former private soldier who enlisted under the name of Henry Lennox and who was honorably dis charged on November 12, 1904. B. Wood Jewell of Omaha, chirman of the sovereign finance committee of the Woodmen, who was one of the party, ad mitted that Lennox Is not the soldier's real name. Mr. Jewell said: This man disappeared from his home In Cleburne, Tex., In lul, under circumstances that led his friends, to believe that he h id been killed. Within the lam year a suit wits brought by his wife against the Wood men of tha World on his certificate of mem bet ship In the sum of $2.0iK.i. The association emploved detectives and found the man. He willingly consented to return and dem onstrate that he Is not dead. Lennox, as he Is known, had a good army record. He was born at New Liberty, Ky., i In 1872, and Is said to be of an Influential family. According to the police Lennox is be lieved to be O. O. Hiller, whose home Is said to be In Cleburne, Tex. Hlller's horse and buggy. It Is alleged, disappeared over a steep river bank In Texas and he was supposed to be drowned. Ltnnox tonight admitted he had lived ln Texas, but was uncommunicative on other questions. FIRE IN AN ILLINOIS... MINE One Hundrcdr Men a? Work Succeed ,ln Escaping; Through Second Shaft. PEORIA, HI., Dec. 9. The Sholl mine at South liartonvllle, one mile couth of tb a city, was discovered to be on fire In the main entry at the foot of the shaft at 8:30 o'clock this mo nlng. There we.e 100 men at work In the mine at the time and for a while great excitement exlsieJ. The men, however, were tak.n to a second shaft a half mile distant and all mad) their escape, some of them, however, being overcome by smoke and gas. The origin of the fire I a mystery, but it Is supposed to have started by the limp of the trapper boy, whose duty it Is to open and shut the swinging door near the bottom of the shaft leading Into the mine proper. The boy had gatheied a pile of straw to sit on, and btlng called away, it is supposed that his lamp either tipped over or was exploded, setting fire to the straw. Eight mules in rhe mine were overcome by the smoke, and the coal is now on fire and dense volumes of smoke ore rolling from the mine. The fire communicated ltrelf to the wood work of tho shaft and wo.ked both ways ' from its starting place, upward through the shaft and toward the Intel lor of the mine. The property loss will be heavy. BALLOT BOX IS STUFFED Denver Republicans Charge that Only Voted nt Precinct Where 41T Ballots Were Counted. DENVER, Dec. 9.-The atate supreme court today took up the contempt charges against Thomas Culp and M. L. Devanny, Judges ln the Tenth precinct of the Seventh ward at the late election. Attorney Thomas Ward announced that the prosecution would prove that only 238 persons entered the booths to vote, while the returns showed that 417 ballots had been counted. Mr. Ward alleged also that it would be shown that the two Judges Interfered with the republican watcher and used obscene language and vile epithets. After hearing testimony of the watchera and others in support of the charges the court ordered that the ballot box shall be opened tomorrow and Its contents submitted for examination to two experts In penman ship. A warrant has been lasued for James Klley, the third Judge in this precinct, but he has not been found. Two additional arrests were made today on supreme court warrants charging con tempt. Clarence Dixon and Charles Mc Ateer, election officials, were the persons taken Into custody. The usual bond of 11,000 was furnished. TAKES BOYS FROM THE MINES New Illinois Law Will Release HJHH) Children from Indrr. grrouad Labor. CHICAGO, Dec 9 Beginning next Mon day, the child labor law of Illinois will be enforced In all the coal mines of the state. Under the interpretation of the law made by Factory Inspector Edgar T. Davlea and sustained by the courts, no boys under 16 years of age will be permitted to work in the mines. It la estimated the enforcement of the statute will take J.500 boys away from em ployment underground. Prisoner .lamps from Train. TOPEKA, Kan.. Dee. 9 Oliver Picket prisoner front the l!utchlnon reforma tory, leaped from the Santa Fe paseiiKer near here today while the train was run ning at a high rate of speed and escaped. Pli ket, who had previously escaped, u being returned to Hutchinson, lie was luuuicuSed at the tline. MRS, CIIADW1CR MAY GO BACK She Will Probably Waive Elimination aid Betnrn to Cleveland for Trial. SPENDS ANOTHER NIGHT IN THE TOMBS She latended to tilve In the Flaht Yesterday, but Postponed Action on Advice of Her Ohio Attorneys. NEW TORK. Dec. 9 After a day of dls agreements with her counsel as to whether she should waive examination and go to Cleveland, Mrs. Chadwlck finally consented to remain another night In the Tombs, but expressed the hope that she might leave tomorrow. Mrs. Chadwlck had made up her mind to ignore the advice of her local counsel, Messrs. Carpenter and Powers, and go to Cleveland to stand trial, when late In the afternoon she received a telegram fro.n her Cltveland counsel. Judge Albaugh, asking her not to return to Cleveland Just yet. This telegram caused her to remain over night. In regard to what would be done to morrow, Mr. Carpenter was noncom mittal. He refused to talk of the situa tion at all. Mrs. Chadwlck spent the greater part of the time from 7 o'clock this morning until 4 o'clock this afternoon In th cor ridor ln front of her cell. Here she talked with her lnwyers and others who called to see her. Including her son, Emil, and her nurse, Freda. Most of her visitors re mained with her as long as the prison rules would permit. Mrs. Chadwlck was led to her cell by an attendant about 4 o'clock. To the matron Mrs. Chadwlck said: I am not going to Cleveland tonight. I am tired enough to slep well, 1 tl.l'ik, even behind these awful b:irs. It has ler:i ii n extremely trying day and I am thank ful that it is over. 1 do not care to go through many more such ordeals." The matron said "Mrs. Chadwlck showed a marked Improvement over her condition in the morning. After eating Mrs. Chalwick lay on her cot and said It was the first peaceful mo ment she had had since her troubles ln New Tork began. Search for Bondsmen. In her lonely cell ln the Tombs prison, Isolated even from the other unfortunates whom fate has led br-hlnd the prison walls, Mrs. Cassle L. Chadwlck, the former so ciety woman and now the central figure ln one of the most mysterious and sensa tional cases of the century, waited today while her counsel scoured the city ln nn effort to raise the $15,000 ball which had been fixed as the price of her temporary liberty. All day yesterday, from early morning until late nt night, the womun waited anxiously ln the office of the United States marshal, while one after another of those to whom she turned for assistance declined to come to her aid. At last, the quest for tho time abandoned, the prison doors closed behind her. Mrs. Chadwlck'a Imprisonment in the Tombs has not tended to her recovery from her nervous attacks of yesterday. This morning she was in a highly nervous state, having passed a night of watchful ness. ; She was very nervous during the night and was wide awake until nearly 4 a, m., when ahe slept a little. With fre quent intervals of waking she slept until shortly after 7 o'clock, when the noise of other prisoners preparing for the morn ing's breakfast aroused her. Mrs. Seevey, the matron ln the Tombs, saw Mrs. Chadwlck about 7:30 o'clock and told her of the routine of the prison. She told Mrs. Chadwlck that If she did not care for the prison fare she could send out for her meals or get them from the restaurant at the prison. Mrs. Chadwlck decided to make use of the prison reatau1 rant. She left word that only her coun sel should be admitted to see her. Freda, the nurse of Mrs. Chadwlck, was ut the Tombs early today, waiting for Emll, Mrs. Chadwlck's son, and to see the prisoner. Woman Watches Prisoner. For fear that Mrs. Chadwlck might do herself bodily harm Marshal Henkel had a woman attendant specially detailed to watch her all night outside the cell, but near enough to be on hand on a moment's notice. Warden Flynn of the Tombs was so ner voub over the welfure of Mrs. Chadwlck and the possibilities of her doing herself bodily harm that today be enforced the rule, applied only in exceptional caBes, of not allowing her either knlte or fork with which to eat. Consequently the lamb chop which she ordered had to be cut for her and she ate it with a spoon. In the same tier of cells as that in which Mrs. Chadwlck's cell is located Nan Pat terson, the former show girl, accused of the killing of Caesar Young, Is kept a prisoner. Mrs. Chadwlck has been allowed the usu of the corridor ln front of her cell be tween 7 a. m. and 4 p. m. and may be permitted to see her nurse today. It is expected that Receiver Lyon of the Citizens' National bank of Oberlln, O., will return to Cleveland today and that his arrival there will be followed by the issue of additional complaints against Mrs. Chadwlck, causing forgery, and based cither on the Carnegie notes or other papers given by Mrs. Chadwlck aa securi ties for loans. Up to a late hour this morning Mrs. Chadwitk had not secured ball. Will Waive Examination, Discouraged by the failure of her lawyers to secure bail for her and weary of prison experience at the Tombs Mrs. Chad wlck decided today to end her difficulties in New York by waiving examination and going direct to Cleveland to face the chaigea against her, and where ahe ex pect to meet friends who will help her. These facts were brought out today by a telegram which Mrs. Chadwlck sent to her son Emll at the Hotel lireslin in which she told him to come and see her at once. The boy and Freda, the nurse, at once hurried to Marshal Ilenkel'a office and told thero they wanted passes to visit Mrs. Chadwlck. Emll also told the marshal that his mother wanted to waive exam ination and go to Cleveland and he anked what was requisite ln the premises. The marshal told him that it would be neces sary to get a certificate from United States Commissioner Shields with a statement from Mrs. Chadwlck expresalhg her wish to waive examination. ' Emll and i ieuu i.urried to the Tombs, where they consulted Mr. Chadwlck. It was expected then that within a few hours Mrs. Chadwlck would have waived exam ination and be on her way to Cleveland a a prisoner In charge of United Statea marshals. This waiver of examination would place her case directly before the federal grand Jury In Cleveland. Lawyers Oppose Itetara, If Mrs. Chadwlck returns to Cleveland at this time of her own volition it will be without the consent and contrary to the (Continued on Second Page.) THE BEE BULLETIN. Forecast for Nebraska Fair Satarday and Sunday. Pane. 1 Settlers Prefer Government rian. Cnblnrt Ministers All to Reolan. Chndwlrk Mrurllea Worthless. Latest ens from Eastern War. 2 Confession of Rnniltn Assassin. Opentnat of the German lHet. .1 en-s from All Parts of Nebraska. 4 Ontput of Doctored Whisky Large. 5 Affairs nt Snnth Omaha. Annual Meetlna of Ak-Sar-Des. 6 ITonse Passes One tprnprl ton. o Spectators at Patterson Trial. r Interurban Sreka n Franchise. Denel Story One of Denver Fakea. Xnmbrr of Assessments Are Raised. H King: of Modern Railway World. 10 F.dltorlal. 11 Investigation of City Finances. la Commercial Review of the Week. Xew York Stork Market Quieter. 13 Financial and Commercial. IS Council Bluffs and Iowa ews. Temperature at Omaha Y'esterdayi Hour. Dear. Hour. Ilea. ft a. m...... :t t p. m HO 1 a. m iis a p. m .11 7 a. m U7 p. m .1.1 H a. ni 24 4 p. m RU l a. m a:t II p. m 51 lrt a. m VI p. m .to 11 , m '27 7 p. m 2N 12 III .to M p. in SI7 O p. m 'JH CLEAGE REFUSES TO PAY St. I.oulS Man Says Debts He Is Sned for Are Result of Gambling Transactions. ST. LOUIS, Doc. 9-In his deposition replying to the claims of creditors who are seeking to have him declored Insolvent Thomas A. Cenge, Jr., alleges that tho claims against him are not supported by the federal bankruptcy laws, as they are gambling debts. While on the witness stand In the office of Referee Coles today, Mr. Cleage saM that all his transactions had been con ducted on the system of "puts" and "calls," a method of marginal Investment. All his speculations wore marginal, he said, and were merely a form of gambling, ln which no real sales or purchases ure made. PERRY ACQUITTED OF. ARSON Chicago Banker Accused of Setting Fire to Locomotive Plant la Released by Court. . CHICAGO, Dec. 9. I. N. Perry, tho for mer bank president, who wau accustd of setting fire to the American Locomo:lve Works plant to obtain the Insurance, was discharged today after a long hearing ln court. In rendering his decision. Justice Foster said: The one strong circumstance against the defendant Is that the fire was illscoverid shortly after he left the plant. The prin cipal witnesses Hgnlnst Perry were hli former employes. The evidence shows tha: they had been conspiring against 111 in and his business for pionths. The testimony of witnesses like these- cannot be given credence. I am not satisfied that probable cause to believe the defendant guilty has been given by the prosecution. CASH FOR OKLAHOMA COLLEGE Dr. Pearsons of Chicago Will Send Kingfisher Sehool Check for fZR.ooo. KINGFISHER, Okl., Dec. 9-Dr. D. K. Pearsons of Chicago today notified Presi dent J. T. House of the lKngflsher college, controlled by the Congregational church, that he would send his check for IJ5.000 to the college In a few days. Two yecrs ago Dr. Pearsons offered to give this amount to the college If the college would ruUe $75,000 from other sources. The 175,000 was raised and Dr. Pearsons will fulfill his promise. Of the $75,000, residents of Okla homa gave $25,000, the Congregutlonal so ciety of Boston $12,000 and the, remainder was secured from various sources ln the east. VALUABLE DEEDS MISSING Man Murdered nt Dallas, Tex., Had Tltlea for 9130,000 Eortb of Alaaka Lands In Pockets. DALLAS, Tex., Dec. 9. It developed to day that when killed In Dallas lost Mon day night, Chares Goldstein had on his person deeds to Alaska mining properties valued at $150,000. The deeds are missing. Mr. Goldstein brought the deeds to DalUs from Alaska to negotiate a lower rate of Interest on a financial obligation. It is known tha t he documents were In his pocket Monday night shortly before his body was found. The police say they are without evidence which would Justify them In making an arrest. RATES ON STOCK FROM TEXAS Chicago Witnesses Tell Commission that Charges of Railroads Are Not Excessive. CHICAGO, Dec. 9. The taking of testi mony in connection with, the investigation of t,be Interstate Commerce commission Into the rates charged by various rail roads for handling live stock from Texas and for the $2 rate charged for terminal handling In Chicago was concluded today. Next Monday the through rate to Chi cago will be taken up at Fort Worth, Tex., where the testimony of a number of chip pers will be heard. AH the witnesses here today testified that they did not believe that the railroads were charging an excessive rate for hand ling live stock. MAY MOVE NORFOLK FACTORY Inability to Srcnre Sugar Beets Rea son for Taking Machinery to Colorado. NORFOLK, Neb., Dec. 9 The American Beet Sugar company will shortly move Its machinery from the Norfolk factory to Lamar, Colo. It haa operated her thir teen years. Insufficient acreage of augar bceta is said to be the cause of the re moval. SIXTEEN B0DJES ARE FOUND All Men Missing; from Burnett Mine After Explosion Are Ar counted For. BURNETT, Wash., Dec. t. Four more bodies, making sixteen In all, were re covered today from the coal mine, thua accounting for all the victims of Wednes day's explosion. BAYAX IS ON FIRE Japanese Shells Work Harocwith Shipping in fort Arthur. OTHER VESSELS SAID TO BE SINKING Report that Russians Opei Eea Cocki to Ban Ships from Shells. MUCH SURPRISE AT NONRESISTANCE Mikado's Men Unable to Understand Why Russians Do Not Tight. JAPS COMMANDEER MERCHANTMAN Liner Toyo Klsen Kalsha Will Be Equipped as nn Auxiliary Cruiser- Russians Confer Deeoratloas on tienerals. LONDON, Dec. 9. a. dispatch to tha . Japanese legation from Toklo, dated today, says: The naval staff at Tort Arthur r porta that on Thursday evening the l'nllada was set on fire and heeled to port with its stern sunk. Kleven shots hit the Dillsk (gun boat). Tha llaynn took fire at 11:30 and Is still abliiio nt 4:15 p. 111. The Amur (ti ans port) wax hit fourKen times and sunk. .Many shots greatiy damaged the ware houses and other buildings near I'elyU mountain and the arsenal. '. HEADQUARTERS OF THE THIRD JAPANESE ARMY BEFORE PORT AR THUR (Via Fusan), Dec 9 On the night of Novembir 36 the Japanese established Infantry trenches Inside the parapets of the two Rihlung and the North Keekwan forts, but on the following day they were com pelled to retire. Blnce then there has been practically 110 fighting done along the In clino of the eastern ridge of forts, the main strength of the Japunese troops having concentrated to effect the capture of 203 Metre hill. The battleship Pohleda haa keeled over In the harbor and is now burning. The bat tleship Relvlxan and the turret ship Pol-, tavn have been sunk. The armored cruiser Iiayan has been beached. The other ves sels are making no effort to escape. Two Russian officers captured at Two Hundred and Three Meter hill, one belong ing to the navy and the other to the army, are being treated with the greatest courtesy by the Japanese staff In con sideration of similar treatment accorded to Japanese ofllcers captured by the Rus sians. Special arrangements have been made to transport the officers to Japan. This is taken as an indication of the disposition of both sides to end the ferocity characterizing the lighting for months past, during which quarter was neither asked nor given. Russian prisoners report that food supply of the garrison Is Insufficient. The men subsist on short rations of bread made of a mixture of flour and coarae grains, while the officers get horseflesh twloe a week. Dysentery and typhoid, the prisoners say, are very prevalent. Owing to the bad weather a. supply of fres'h' vegetables can not be obtained and the supply of tinned meats was finished a month ago. The appearance of the prisoners goes to' substantiate their statements. They were well clothed, but emaciated. The Japanese regard the refusal of the Russians to accept an armistice, which had been asked for and granted for the pur pose of gathering the killed and wounded on 203-meter hill, as the overruling of the humane desire of General Stoessel by the officers commanding the forts. It was feared by these officers, the Japanese think, that their men would desert and give tho Japanese the advantage of In formation regarding the forts. Russian prisoners report that General Stoessel's order was overruled by the gar rison commanders. Japs Commandeer Merchantman. SAN FRANCISCO, Dec. 9. News was re ceived here today that the Japanese liner America of the Toyo Klsen Kalsha com pany has been commandeered by the Japa nese government and will be placed In com mission as an auxiliary cruiser. It was scheduled to leave Yokohama today for this city. As a result of the liner being taken from the route no vessel of the line will call from here for the Orient on Janu ary 3, as hns been scheduled. Honors for Generals, ST. PETERSBURG, Dec. 9. Emperor Nicholas has conferred upon Lieutenant General Sakhuroff and Lleuttnant General Ullderling gold swords of honor set with brilliants and lnacrlbed "For Valor." The admiralty announces officially that while tha only phlps still In the Baltic will be made ready as soon as possible Hgalnit any eventuality, no decision hus yet been arrived at regarding sending them to tho far east. The batlletdiip Slava, the only modern battleship, will , not be completed before early In the spring. Japanese Make Kesponse.' TOKIO, Dec. 9. 11 a. m. Baron Komura, minister of foreign affairs, has dellverM the Japanese roBponse to the Invitation f the American government to participate !n tho proposed conference, to Mr. L. C. Griscom, the American minister, who has transmitted It to his government at Wash ington. The text of the response has not been made public. 8 p. m. The latest observations of tha Jupunese commanders In front of Port Arthur show that there Is no activity In the west harbor or In the visible portions of the east harbor. The Russians, strangely, are not replying to the Japaneaa Are. In disabling the Russian fleet at Port Arthur, precluding the possibility of Its being able to reinforce the Russian second Pacific squadron, tho Japanese have ac complished the main object of the des perate assaults against the fortress wl.l:h they have been making for the past threa months. There is now strong probability that, while continuing the slcgo, they will avoid losses of the magnitude ulready at tending their efforts, and, Instead of aa auultlng, will rely on starving out tha garrison until It is Anally captured. Surprised at Xonreslstanee, 9 p. m. Considerable astonishment Is ex pressed here over the fact that the Rus sians In no way resisted the disabling ol the Port Arthur fleet. In certain quarters the opinion la entertained that the Rus sians opened the seacocks of the tub merged vessels so far aa to lessen thrlr exposure to the Japanese fire. The recent cessation of mine clearing was taken as evidence that the lleet did not Intend to make a aortle. There waa no sign of Ufa on the Russian ships during the bombard ment and from this fact It Is concluded that the bluejacktta took rifuye on lini or that they are engaged In the land de fenses. With the Russian second 1'acltlc squad ron approaching, tktjse In Toklo cannot
