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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 13, 1904)
The Omaha Daily Bee. Special Christmas Number, Next Sunday's Bee. Special Christmas Number, Next Sunday's Bee. OMAIIA, TUESDAY MOKNIXO. PECEMHER 13. 1904 TEN PAdES. ESTABLISHED JUKE 19, 1871. KIXOLK COPV THREE CENTS. FRANK MURPHY DEAD Pioneer of Omaha and Nebratka tit Sud denly In Kaw Yoik. TELEGRAM BRINGS NO PARTICULARS Attending Physician Merely Wiraa Maager Btatement af Startling Eet. ' f RANK HAMILTON G'JES FOR THE REMAINS Ftoeral Will Ba Held ia Omaha from St. Fbilomana'i CatbedraL LEFT HOME FOR EAaf FIRST OF MONTH nlarnl In BiiImii Life f a. F and Stat. Devout Cataslle ai t Pro Active la Affaire at - Masonry. J Frank Murphy, president of the O V Council fcluffs Sireet Railway pany, me vnmna ksuw i;oihmj pioneer and mam j-romlnent cltlien , Omaha and Nebraska, died iuddenl New York City Monday noon. . ody la belnc held thriv until Frank Him- lton. nephew or Mr. Murpny, can reacn New York ana bring me remains o umon lor burial. The last communication received from Mr. Murphy by his friend or Dusiness aaoclate here was dated Thurmay 01 laat week. At that time he waa apparently In good health. He waa seized with an attack of nephritis at 1 a, m. Monday In his room at the Waldorf-Astoria and died at noon. Drs. Miller and Duclose attended him. The startling news of Mr. Murphy's death reached Omaha yesterday and contained the most meager Information, merely stating that Mr. Murphy had died and asking for Instruction: . It wiu signed by Dr. Arrrand DucIgim . The tel egram was sent to the Alc....an.ts' Na tional bank, addressed to . iank Hamil ton. Mr. Hamilton wax nut. at the bank when H.was received and it-.e message ley on Mr. Hamilton's desk i.mll he hap pened In about 1:30. It was not until then thnt the news of Mr. Murphy's death was known to any of his Omaha relatives or friends. Mr. Hamilton ' Immediately wired back to have the remains embalmed and held until he could reach New York. He will bring . them to Omaha for burial. Mr. Murphy left Omaha for New York about December L He was supposed to be In good health at that time and no word had come to his relatives or friends here since that he waa alck. The tele gram yesterday, therefore, waa a terri ble shock. Mr. Murphy hod a serious siege of sick ness about a year ago. Since then he had been advised by his physicians to be cau tious of his mode of living, to take plenty of exercise as a means of guarding against apoplexy, sine he was very heavy and required more exercise than w. , regular routine' of life .warranted. A friend laat night said he heard It. waa apoplexy that caused his death. Oat of Leading- Cltlaen. One of the foremost and wealthy cltl- A . t. la.. Jt ...... W,.aw.W., ens ut nir vny nuu ... va, m. jnui 1117. while participating actively in the man agement or t)i vast and varied business affair, lived i quiet and unostentatious life privately, making hla home with his sister, the venerable Mrs. Cuming, widow of one of Ni brauka s first governors. This home ia a handsome residence en St Mary's avenue. New of Mr. Murphy's death was not transmitted to hia home on its receipt for fear of possible effects up his relatives. Mr. Murphy had never married. In the death of Mr, 'Murphy the grim reaper has visited the executive officers of the Merchants' National bank twice within the last year, the death of the late vice president, 11. B. Wood, transpir ing some months ago. Mr. Murphy's iuneral services will be held from 8t. 1'hllumena's Cathollo Cathe dral. That much of the plans has been decided on. Mr. Murphy was a devout member of the Roman Catholic church, not only an earnest worshiper, but occupied a high station in the affairs of that great re ligious body. Also he was a staunch Ha run, holding an exalted position in the councils of that order. Ha waa u member of Mount Calvary commander). Knights Templar, having been honored in the af fairs of his secret orders on many occa sions. .. ketch of Ills Carver. Frank Murphy was bom in Wheeling, W. Va., In July, 1843. He lived In Penn sylvania, was educated In Pittsburg and later resided in Illinois und Iowa, coming to Omaha In 1S67. He had made thia city his homj continuously since. Mr. Mur phy . was a brother of Mrs. Thomas B. Onmlng, widow of the late Governor Cum ing, one of the first chief executives of Nebraska. The Cumlngs preceded Mr. Murphy to Nebraska. Ms. Cuming wus appointed by the president secretary of ttie lei ri lory under Governor Burt and succeeded to the governor's chair upon the death of Governor Burt. Mr. Murphy came to Nebraska- through the Influenoe of the Cumlngs. For many years he waa the senior member of the Insurance firm of Murphy et Lovett In fact It was in this business that he rose to his first position of subatantlal means nnd took a leading part in local business uffuira. He invested in oil lands In Wyoming and other properties. Leader la Early Legislature. Mr. Murphy waa an active I sure in the Fourth territorial legislative assembly of Nebraska. He was prominently identified in an effurt to preaerve order In the house Thursday, January 7, 186. on which oc casion Speaker Decker triod to take the chair by force from Dr. W. R. Thrall of Douglas. Thomas 11. Cuming wus then acting governor of the territory, Governor laajd having withdrawn. At the time of the a Iso rd or In the house it was in session as a commit toe of the whole to dlscuvs the matter of a puMlc printer. A message from the council waa to have been read and a question an.se as to the validity of the reading of the document at that time. Mr. Decker started for the chair and was about to assume the chair and take the gavel from Chairman Thrall by force, when Mr. Murphy rushed to the chair and was ' followed by Mr. Paddock. The three men had hold of the gavel at the turn time. Docker was taken from the ihulr and order restored. In the report of a committee appointed to investigate the disturbance Mr. Murphy Is mentioned 1tn several other In the light of peace saakera and as landing for Isw and or- (Con J sued on Bee on d Page.) EUROPE FEARS FOR TREASURES Rleetl.m at Mornsn t Head ( Metro politan Museum of Art Causes Tremor. BERLIN. Deo. ll-The election of 2. ri.rtu.nr Mnmn tu. nresident of the ! board of trustees of the Metropolitan Mu- I ...... . 1- , m,.m.A seum or Art at inw ion n Blegfrled Llllenthal, one of the best known art critics In Berlin, to see In this In creased danger of the United States strip ping Europe of Its art treasures and he has begun an agitation for International action to prevent art objects going to th United. States. Herr Llllenthal has ob tained7 the written view of Prof. Corrado Ricol. director of the art gallertc at Flor ence; Prof. Rio Jorls, director of the Acad emy of San Luca at Rome; Privy Coun cilor Wllhelm Bode, director of th Royal Gallery of Paintings at Berlin; Henry Maret, the art publicist of Paris; George B. Cain, director of the Carnavalet mu seum at Paris; Prof. Adolpho Venturl. di rector of the National gallery at Rome; and Prof. Jose Benlliure, director of the Spanish Academy of Fine Arts at Rome. With th exception of Herr Bode they all are In favor of laws to prohibit the taking of works of art from Europe to America. PRIZE FOR AMERICA STIDKJIT Jotaa Wolf of Dnbntiue Wins First Honors at Rome. ROM.B. Dtec. ia The distribution of prises among the students In all the ecclesiastical colleges connected with the propoganda took place today, the whole staff of the propaganda presiding. There were also present the Right Rev. W. H. tO'Connell, BlBhop of Portland, Me., and the Right Rev. Charles H. Colton, Bishop of Buffalo. N. Y. Mgr. Kenedy waa the recipent of compli ments on all sides, because the American college, of which he is rector, had sur passed all previous records in the number of distinctions awarded Its student, who received thirty-two medals while seventy, five ranked next in distinction. In moral theology, John Wolf of Dubuque, Ia., waa the only recipent of a first modal. BASILICA IS IN BAD SHAPE St. Mark May Fall If Step Are Not Taken to Strengthen Building;. VENICE, Italy, Dec. 12. Engineers Man fredl and Marangont, who have been en trusted with the care of the basilica of Bt. Mark' since the fall of the campanile, have presented their official report. It set forth that th condition of the basilica is most alarming. The whole building shows weakness. The foundations are bending and cracking, the walls are sinking and the ceiling of two of th vaults threaten to give way. If they fall It may cause most of the basilica to give way. The en gineer recommend the immediate erection of scaffolding and propose a thorough restoration of the whole building, includ ing reparation of the foundation. AMERICANS AT THH VATICAN Bishop McDonnell 1 Received and and Present Peter's Penoe. ROME, Deo. 12. The American pilgrimage led by Rt Rev. Charles E. McDonnell, bishop of Brooklyn, N. Y., was received this morning by the pope In the : Clementine hall of th Vatican. ' ' Bishop McDonnell presented the pontiff with 16.000, the Pater' pence offering of tho Brooklyn diocese, and Monsignor John I. Barrett, the bishop' secretary, pre sented th pope with 12,000 as the offering of th priests of the same diocese. Th pope thanked them warmly, saying he was moat grateful to th pilgrims for coming to Rom from such a great distance, and biassed all of them and their families, giv ing the priests present permission to extend th papal benediction to their flocks. CLADO WANTS COURT-MARTIAL Rnsslan Captain Says Arrest Has Placed a Stain On HI Honor. BT. PETERSBURG, Dee. 12. Captain CI ado, who wa arrested December 9 for criticising the high admiral, Grand Duke Alexia, and the admiralty, demands a trial by court-martial, declaring that hla arrest on the ground of distorted fact 1 a stain on his honor. CRON8TADT, Deo. 11 Lieutenant Dellv rlon, who participated In Captain Clado's newspaper campaign against the admiralty officials, is under arrest. American Bnlldlngr In Rnaala. ST. PETERSBURG, Deo. 11 A building erected by an American sewing machine company, the handsomest structure in Rus. slu, eleven stories high and built of gran ite, waa opened today. It la th first build ing in the empire in which th American steel construction system haa been used. EXPECT BIG STOCK EXHIBIT Flae Live Stork Promise to Fill Lowls and Clark Display Groaada. PORTLAND, Ore., Dec, 11 Th portion of the Lewis and Clark fair ground which waa allotted to the exhibition of live stock, It Is thought, will prove inadequate to th demand, and arrangements are being mad to enlarg It Anything further than an exhibition of the high bred stock from farma on the North Pacino coast was not contemplated by th state commission In the first place. Bine the convention of the International Live Stock association at Chicago, however. It hss developed that the breeders from all ' over the country ar planning to send th best of their herds to Portland next year. This prompted the exposition authorttels to In crease the apportionment for premiums from J40.000 to 166.000 and to consider the advisability of increasing the space to be devoted to the display. DONAHUE OBJECTS TO DELAY Attorney for Chief Asks Board to Hear th Charges Kext Monday. No meeting of the fire and police board was held last night because of the abaenc bf Commissioner Spratlen from the city i and th illness of CommiSRloner Miller's wife, who is in a hospital. Inasmuch a th members make it a rule not to meet a a license board without a full attend ance, th others did not convene. Attorney W. J. Connell said last night that ha would file a demand with the boarl to have the chargea against Oil of Police Donahue heard next Monday night, as both ha and his client are growing im patient of the delay. Some controversy has been incurred by the lnstrurtiLrr given by the Civic Federa tion counsel to have the cross-examination In the desposUlon of Iowa convict omitted. Mr. Council lust night tel'graphed positive orders to have this part of the testimony Included, aa it 1 considered Important from th chief standpoint. STOCK PRICES CO TO SMASH New York Market Opens Monday Moraiif with Downward Tendency. SENTIMENT AFFECTED BY ADVERTISEMENT Reg-alar Trader Are Not Willie to Admit that Any One Parson, However, I Responsi ble for Slump. NEW TORK, Dec. 11 Beginning with heavy declines in Amalgamated Copper to day' stock market was weak throughout th entire selling-, th occasional rallies failing to hold prices for more than a few minutes at a time. Although values crumbled away rapidly there was little excitement In the street. Broker seemed to have nothing but selling orders, they aaid. and they did not look far beyond th recant recklea speculation and the campaign by newspaper advertisement against a copper stock to find reasons for th drop In price. . Money was easy and loan were made freely, but collateral was acru United very carefully. Th market closed weak, with price generally at the lowest. More than 2,000,000 shares of stocks changed hands during the day. Th selling waa continued nearly all th forenoon, with only a temporary reaction. and about noon the market ahowed fur ther weakness. An Impreasiv feature of the forenoon waa the heavy celling by London houses. The sales of London houses waa the largest In the steel stocks. There was evidently a good supply of stop-loss order on hand, but th short did not fare much worse than some others. The violence ot the opening declines waa ao great and so pronounced that many brokers and traders on the floor were over whelmed with surprise, and for a little while were quite nonplussed. Any market support that may have existed was without the slightest effect One of the most sensational breaks wa In Greene Consolidated Copper on the curb. It had been selling around 24 early In the day and had declined only nominally. In the afternoon the stock broke nearly tea points to 22, It later rose to 24V4 and closed at 23. Ten points In Greene Copper is the full par value of 110. Opening; Break Caue I'neustness. The opening break created considerable uneasiness, though nothing like last Thursday demoralization followed. Never theless the feeling was one of vague alarm. Traders seemed of the opinion that last week' liquidation had not exhausted itself and It was clear that a great num ber of accounts were being closed. Lon don waa reported to have sold 40,u00 shares, including a great deal of Bteel, common and preferred. Wire houses also sold and representatives of prominent local broker age ilrma were openly bearish. Brokers operating for Boaton were said to have old Copper and other stocks extensively. There were some vigorous effort made to support ths market, but by 11 o'clock there was another bad break. Amalga mated slumped " from Saturday's close. Sugar fell 6, Tennessee Coal and Brooklyn Transit a, Colorado Fuel 4. St. Paul 44. United States Steel preferred 4, Reading 3H. Union Pacific J, United State Steel 2, Southern Pad lie and Baltimore 4k Ohio 2H. Leather preferred 2, and Erie, the first preferred, Missouri Pacific, Louis ville Sl Nashville, Rock Island, Leather and New York Central 2 to 2. The extreme weakness of the market came as a general surprise to all observ era of th financial district. The vig orous rally of th latter part of laat week encouraged the idea that the demoraliza tion waa over for, the preaent, and the ef fective advance In London this morning furthered this view. It was not expected that there would be any further great rise In price and It was even anticipated that there might be a dull sagging movement, according to the usual precedent in such cases. There waa no news to account for the renewed fright, but the movement of prices wa convincing evidence of the timidity felt by .security holders. Th re newal of sensational proclamation through advertising medluma from the earn source that preceded the successful raid of laat week had a notable effect on sentiment The selling was general from all source. Money 1 Easier. The offerings of money at 3 per cent on call ahowed that no stringency In that de partment waa responsible for the liquidation- An enormous amount of selling orders cam Into the market at the opening, a.d later, when it waa seen that the light list was without support, the sellina orders In creased from every quarter. On of the best known commission houses reported sales of 126,000 shares of the activ iasues in th first half hour. The weatern house, those with Pittsburg, Cleveland and Chicago connections, were among the larg est sellers of Bteel. For obvious reasons a great deal of the unloading in Amalga mated Copper cam from New England. Many broker professed surprise at the ex tent of today' break. They were loath to believe that any Individual manipulator could be responsible for ths decline. The absence of support In most of ths high class stocks in the first hour wa largely responsible for th sharp declines. Never theless, there was quiet buying on a small scale. This was particularly true of Nor folk A Western, St Paul, Pennsylvania, Baltimore A Ohio and the Pacific. Call money opened at S to Z, per cent It was offered freely before noon at I per cent. Thcr was a lively bound In prices of stocks after th liquidation had spent its first force. A score of stocks recovered from 1 to 1, points from the lowest. Sugar's rally was l; United State Steel pre ferred, SH, and Brooklyn Transit, Colorado Fuel, Tennessee Coal, Amalgamated Cop per, Norfolk A Weatern and Reading, from 1 to over I points. The buying demand showed no Inclination to follow prices to the higher level and the market wa com paratively quiet by noon, but the tone con tinued feverish. Bentlment changed to th extent that broker advised their clients to buy stan dard stocks. The situation wa reversed in so far that early sailer were latex buy er. Business, which in th first hour sustained tremendous proportions, with the tape from Ave to ten minutes behind the market, fell off about midday. Second Break Oecnrs. Another break, leaa abrupt and extensive than that at the opening, set In shortly after noon. The entire list waa affected, but chiefly Amalgamated Copper, which wa lower than at any previous time of the day. The steel stocks also were very ijeavy. Reports from ths floor suggested the theory that the selling cam from In terest other than those which caused the early decline. During th noon hour the market ahowed brief period of extreme dullness, but activity was soon resumed, (CoaUnued oa Third FmO DR. CARTER DEFENDS HIMSELF Presbyterian Minister Makes n strong Attack oa Westminster Con fession of Faith. NEW YORK, Dec", li Rev. Dr. Samuel T. Carter, one of the three Presbyterian clergymen who started the movement which led t the revision of the ITesby terlan creed in America, was upheld by the Nassau County presbytery today In a meeting at Jamaica, Long Island, at which he had appeared In defense of a letter he wrote the Westminster confewlon. In which he declared that "scholastic theology is wrong from its base upward." Last September Dr. Carter addressed a letter to the presbytery vf Nanmu, of which he is the oldest member, renouncing certain long established teachings of Pres byterlanlsm. Including the "fall of man." At the next meeting ef the presbytery of Nassau a committee vaa appointed to nsk Rev. Dr. Carter if he did not know of some way to avoid a trial for hereny. The minis ter insisted upon pleading his cause with the presbytery personally. In doing so todny Dr. Carter said: The great objection to the confession Is not this statement In it. or that, but It Is the whole tone and style of the confes sion. To put the mstter in a word. It Is the god of the Westminster confession that Is wrong. One pres-hytrry unfortunately sug gested that the love of God should he put In a foot note to the confession. It Is bet ter to have the love of God In a foot note than not have It at all. Every minister end elder upon entering his office must still arceipt the Westminster confession as being the system of doctrine taught In the Scriptures, and every scoffer rnn still enst up this system against the Presbyterian church. I am convinced there can be no rest nor peace till this system Is ss futlv almndoned by the church as It Is by the'brief statement. If Calvin were liv ing today he would be chairman of the re vision committee. , Dr. Carter closed by saying: Do not condemn nv: do not cast me out of your mlnlstrv: welcome me nirnln to iv place In the presbytery with the beautlf'il understanding that there shall be greater theological freedom In the Presbvterlan church than ha been allowed heretofore. ' A resolution was adopted laying the let ter of Dr. Carter -oii the table. "In favor or th renewed Presbyterian emphasis of the brief statement as he present vltnl creed of the Presbyterian 4-hurch, and this pres bytery request our brother to continue his honored connection with the Presbyterian communion." ZION CITY PAYS ALL DEBTS Dr. John Alexander Dowle Makes Good All His Promise to HI Creditors. CHICAGO, Dec. 12 ZIon City haa paid the final Installment on the big debt, which a year ago Involved It In sensational bank ruptcy proceedings and threatened to wreck the gigantic enterprise established by John Alexander ' Dowle.- Checks were sent out today by Deacon C. J. Barnard head of the financial department of ZIon, In payment of the final 40 per cent, approx Imately 1140,000. of the original Indebted ness of more than $400,000. The payment bring to a conclusion one of th most remarkable case of application for bankruptcy in the annals of the coun try. One year ago a number of credltora of ZIon City petitioned Judge Kohlsaat for the appointment of receiver for the ZIon Institution. At thia.mpment affairs had an exceedlngly.'hCBmy outlook. Mrs. Dowle was in Europe, and reports had It that she had carried away with her vast sums of money. John Alexander Dowle was preparing for departure January 1 for Australia and the continent. The creditors numbered 1,100 and the aggregate amount ot their claims footed up 1435,000. Judge Konlsaat appointed receivers and they took charge of ZIon. Dowle protested that he could pay the debt In a year If the receivers were removed. Then came the appointment of a com mlttee of the creditors. They heard the argument of the head of ZIon and came to the conclusion that ho was better fitted to conduct the affair of ZIon than any other person. It was arranged that he wa to pay 10 per cent In three months. 25 per cent In six months, another 25 per cent In nine months and the balance of 40 per cent In a year. The receiver was discharged. Dowle has kept his agreement to the letter and paid 100 cents on the dollar of every claim involved. DINNER FOR PRINCE FUSHIWA Brother of the Mikado Gnest of the American Asiatic Association at New York. NEW YORK, Dec. 12. The American Asiatic assiclatlon gave Its annual dinner at DHmpnicoss ttonlht w lh Prince Fushlml of the imperial house of Japan as the principal guest. In the decorations the colors of Japan were entwined with those of the United States and gTeat quantities of chrysanthe mums were used. Assistant Secretury ol State Francis B. Loomls responded to the toast: "The President of the United States.' After a tost hud been drank to the mikado, Prince Fushimi replied to the welcome extended by President S. D. Webb of the association. The other speakers and their subjects were: I "The United States and Japan, the Guardian of the Portal, Defender of the Oxen Door,'" General Stewart L. Wood, ward; "America's Debt to Asia," Prof. J. W. eJnks of Cornell University, and "The Army," General F. D. Grant, U. S. A. DYNAMITE USED ON FOUNDRY For Fifth Time la Two . Months Damage la Done to New port Concern. CINCINNATI. Dee. 12.-For the fifth time within two months the Newport Iron Foun dry and Machine company's building, New port, Ky., waa dynamited lnte lust night. No lives were lost and the workmen in the place all escaped Injury. Two men wero aeen running east on Twelfth street Im mediately after the exposition, but they eluded their pursuers. A great hole was torn In the roof of the coal room where the bomb alighted, and th walla of the pattern room are ao twisted and bulged that it la feared they will col lapse. Members of the company declare it la the work of strikers. AMES JURY, AGAIN . DISAGREE For Fifth Time Former Mayor of Min neapolis Escapes CoBvletloa Thronan Mistrial, MINNEAPOLIS. Dec. 11-The Jury In the caae of former Mayor Ames, who is on trial for the rlflh time, charged with Illegally receiving money from women, ro portej today that they could not agree. The court aent back word that there was no word for them, which nr.eant that thty were to remain out th rest cf the day at least In an ffort to rsach an agreement LAND OFFICE MAY BE MOVED Canditiana at McCook Sot satisfactory to the Administration. CHANGE IN CONTROL OF FOREST RESERVE Millard F. lngletoa of Omaha an As. pllcnnt for Position of Register of Deeds of District of Col arable. WASHINGTON, D. C, Dec. 12.-(Speclal TtJegram.) There Is a p rsistent rumor that the land office at McCook, Neb., w.U be suspended. This action on the part of the Interior department grow out of dis satisfaction with the maimer in which the office has been conducted. While a tem porary suspension may rtsult, it is believed that the faults found with the workings of the McCook office will turn out all r.giu. It may mean the transfer of the offlci.rs or It may nieun new officers, but it is not nxj-ected that the McCook land office will bo wholly wiped ont in view of tne lact that tho government Siill has remaining In the section controlled by McCook oihce large tracts still open for settlement Transfer of Forest Hrserve. Congressman Mondoil s bill transferring the forest reserves lrom the department o. th Interior to the department ot agricul ture passed the houso today. This bill h.is the active support of President Roosevelt aud the endorsement of both the aecretaiy of the interior and the secretary of agri culture. The bill simply places the force of forest reserves under the agricultural de partment where It is contended it ilghtfull' belongs. The commissioner of the general land office, ex-Covernor Richards of Wyoming, has been extremely anxious to bring about the change contemplated In the bill. The forest reserve division will then be under control of Forester Gifford Plnchot, where better administra tion la assured. About CO people are affected by the transfer, including clerks In this city, field officers on forest re serves, rangers, supervisor and superin tendents. I Aid for Mrs, Hawthorne. D. McLeod. pastor of the Frist Presby terian church In this city, has, cn tele graphic authority, sent Mrs. Hawthorne, mother-in-law of Mr Ronnard. president of the State Bank of Bloomfleld. Neb., to her homo at that place. It will be recalled that Mrs. Hawthorne, while en route to Washington, waa robbed of a sum of money, and being destitute was taken in charge by the women of Dr. McLeod's church. . ftna-leton Fllea Endorsements. Senator Millurd today transmitted to the president petitions signed by leading citi zens of Omaha favoring the appointment of Millard F. Singleton to the position of recorder of deeda of this city, the term of the present Incumbent expiring on January 8. Indorsements have been received by President Roosevelt in behalf of Mr. Sin gleton, who la a well known colored citizen of Omaha, from Congressman-Elect John L. Konnedy, General C. F. Manderson, C. J. Greene, Rev. John A. William, John L. Webster and E. Roeewater. Nebraska Boy Promoted. Th nomination of Clarenc C. Culver, socond lieutenant In the Fifteenth cavalry, t be first lieutenant, has been sent' to the senate for confirmation. Lieutenant Culver Is a son of Jacob H. Culver, adjutant general of the Nebraska National Guard. Cigarette Law In Conrt. The cases of C. H. Cook and others against the county of Marshall, and Robert E. Hodge against Muscatine county, Iowa, were argued In the supreme court today, these cases growing out of the cigarette mulct law, as It is familiarly known to the Iowa courts. The party dealing in cigarettes is liable personally for that tax and the owner of the real estate, upon which the tax becomes a iven, are plaintiffs In error. The tax on whlcn tne piainnns in error sought remission Is that of S3C0 a year, levied In accordance with the stat ute of Iowa. It ia an original package contention and involves the right of a common carrier to transmit original pack ages to purchasers without being held in damages for violation of state laws. Bluffs Man Protests. Representative Mondell has struck a snag in the consideration of his bill providing for the opening of certain portions of the Wind River Indian reservation. This bill haa received favorable reporta at both ends of the capltol building, that ia to say, the house and senate. Now comes Mr. Bolsen of Council Bluffs and hie attorney, John N. Baldwin, to secure a hearing before the committees of congress before further ac tion is taken on the Mondell bill. It Is not clearly understood, apparently, by Repre sentative Mondell Just what Bolsen and hl attorney desire, but It is believed that they have some old concession regarding alleged coal lands sui.oeed to be within the ter ritory It is denired to open to agricultural settlement, upon which they desiro to be heurd. The committee of the house, to whom the request was addressed, will grunt the gen tlemen from Council Bluffs a full hearing at any time they may desire. North Carolina Get More Time. The supreme court toduy in the caae of the State of South Dakota against the State of North Carolina sustained a motion to modify the decree of the court giving North Carolina until April 1, 1906, to puy the value ot the bonds owned by South Dukota. Originally the court ordered the value of the bonds paid early In January, falling in which the United States marshal was directed to sell property of the state of North Carolina at public outcry from the east front of the capltol. Someone go ing through the laws of the United States discovered that it was Illegal to sell at public outcry anything of value In the cap ltol reservation, and this, as much as any. thing, Induced the supreme court to modify its decree and grant an extension of time prayed for by North Carolina. It was also noticed by the court that the legislature ol North Carolina would not meet until Jan uary, and aa thia money due South Dakota will have to be appropriated out of money! In the treaaury of that state It waa thought but simple Justice that the extension should be made. Setters Wist Msra Land. Congressman Martin of South Dakota ha received many petitions from citizens re siding in tho western part of that atate, In all probability aggregating 3,000 signatures, favoring Mr. Martin' section homeatead bill, which Is modeled along the lines of the Klnkald bill, now In force in Nebraska. Indians After Their Money. Senator Gamble had a conference today Ith Secretary Hitchcock regarding the settlement of the account with Sioux In dians growing out of the tale of the great Sioux reservation. The sale been me opera tive February 10, 1S90. and ten yeara from that time, or In February, Jimo. the gov ernment was to take the lands remaining unsold and psy the Indian 60 cents an acre for the same. Approximately about liOoo,- (Continued on Third Peg.) NEBRASKA WEATHER FORECAST Fair and Warmer Tneariayi Wednes day Fair. Dee. Hoar. D-sr. .! In. 1.1 l 18 r. m 1 . h p. to in T 4 r. m 10 N A p, m ...... i si . p. m ...... 1 l IO T p. m in .12 N p. m 14 l p. m . . . . . . 1.1 It . ra a. m T a. m K a. ra , . . , , T a. m IO a. m It a. at 12 m HUMAN SKELETON IN COURT Proserntlon Attempts to Demonstrate that Caesar loans; Did ol Kill Himself. NEW TORK, Dec. lV A headless human skeleton, dorsal vertebrae and ribs pluyed an important part In the trial of Nan Pat terson for the murder of Caesar Youn todny. The gruesome exhibits were nmde usw of In the examination of Dr. Philip O'Hnnlon, the coroner's physician, who per formed the autopsy upon Young's body. Miss Patterson's counsel protested nt the use of the skeleton, asserting that It dirt not compare correctly with the structure of the dead man's body, but his objections were overruled. Tho skeleton was used to decide the course rf the bullet after It en tered Young's body. The prosecution con tended that It had gnne straight to the spine, which tho state's lawyers believed proved that Young did not kill hlmaelf. Assuming that Young with the pistol In his right hand had crossed It over his chest and shot Into Ids left side, the prose cution contended that the bullet would have traveled to the left. The fHct that It flew sraight Inward to the spine was advanced as proving that the wound was not self-In. fllcted. Dr. 0'II:inlnn was positive that the bullet hnd taken a straight course to the rlpht. Lawyer Levy, for the defense, tried to gain an admission that the muscular cover ing of the ribs at the point of entrance of the bullet may havo deflected its course, but Dr. O'Hanlon declared that there had been tio deflection until the bullet struck the spine. When Mr. I-vy asked Dr. O'Hanlon If he had not at first declnred the case to be a suicide, the prosecutors objected nnd tho objection was sustained. Dr. O'Hanlon testified that he had found powder murks on Young's fingers. His testimony as to the course of the bullet was corroborated by Dr. Rlgims of the Hudson Street hospital. William Stemm testified that the driver of the cab lifted the trap nnd looked In after the shot was fired. Justice Davis said from the bench that a gross Impropriety had been committed by a newspaper In publishing what had pur ported to bo the views of the wives of the Jurors concerning the case. He cautioned the Jurors not to discuss the testimony even In their own families. NEBRASKA . MAN IS KILLED Harry Strlckler rasght Between Bumper of Cars la Black Hill. LEAD, S. D Dec. K. (Special Telegram.) Harry Stricklor, brnkeman of a1 Burling ton freight train, while coupling th air brake between two fiat car at Kngle wood station, waa caught between the bumpers and his skull crushed. He was brought to tho hospital at Lead, but died shortly after being admitted. He Is un married and his parents reside at Central City, Neb. Death Due to Improper Nursing;. CHEYKNNE. Wyo.. Dec. li-Members of the State Board of Charities have gone to Rock Springs to investigate the charge that Philip Wolf died in the state hos pital there In consequence of improper nursing, the coroner's Jury having re turned a verdict to that effect. Wolf was shot several weeks ago by George Ahlf In a duel. He was recovering, It is aaid, when his wounds were washed by an In experienced nurse vIth Insect poison In stead of the usual solution, causing in flammation and gangrene. Adnddel Not Guilty. STURGIS. S. D., Dec. 12. (Special.) In the case of the State against Ellas Aduddel, arrested on a charge of grand larceny and tried In circuit court here, the Jury brought In a verdict of not guilty. This is where Aduddel wus accused of stealing a number of head of horses belonging to Joseph Por ter. The Jury disagreed In the case of the State against Edward Green, arrested on the charge of grand larceny. Movlnsj to Sioux Falls. STURGIS, S. D., Dec. 11 (Special. ) Sheriff Jesso Brown of Meade county left tonight for Sioux Falls with throe prison ersHudson, Herr nnd Ktllian convicted and sentenced at the term of court which closed here lust night. The former get two years and ten months und the two lat ter ten months each. CONGRESS 0F FRATERNALS Representatives of Nineteen Orders in Session In Thia City. A congress of delegates representing nine, teen fraternal orders working In Nebraska convened yesterday for a two days' ses sion at the executive chamber of the Wood men of tho World building. Tliero were present at the meeting yesterduy two dele gates from oach order, besides the officers of the congress, making In all sixty persons. Sovereign Commander J. C. Root of the Woodmen of the World Is president of the ccngress: H. M. Warlnar. vie representing the Ancient Order of United Workmen; W. E. Sharp of Lincoln, repre senting the Royal Highlanders, la secretary. The "uniform bill" recommended at the last session or the national fraternal con gress nnd which would regulate all fra ternal orders should It become a law,' was referred to a committee for consideration. At the conclusion of the vnrv r tu .. gress this evening Soverelirn Commander Root, chairman of the national fraternal congress committee on legislation, and A. H. Burnett, a memler of the law commit tee of the same organization win luu. Chicago to attend meetings of the two com. mlttees, which will convene at the Great Mortnern notel Wednesday evening. Prepsrlns; for Holler ktatlng, Workmen will begin to plane the Audi torium floor this morning I" prepare it for the HfUhon of roller skating that will be InauKuriited in a week or ten days. After the planing process sandpaper will be up piled. Manager Glllan'hHS ordered a large cons'giimerit of roller skates of late pat tern and some fine sport Is said to be In store f"r thos who enjoy nn hour on rol lers. There will be a band In attendance. Novelties snd features probably will bw in troduced from time to time, as Manager (illlan ssys he Is anxious to make the ven ture a success Roller skating Is becoming popular again In many of the eastern cities. Years nsu it wa much In vogue bar at tue I.OU1K9UUS SHELLING THE TOWN Japanese Tern Thair Guru on tha City of Port Arthur. ARSENAL IS REPORTED TO BE BURNING lues Are Also Eagine in Other Fortiona of the Doomed City. 1 TELEGRAPH STATION IS DAMAGED Bombardment of Goldsn Hill and tha Instf Fortreta Continuea, WARSHIPS ARE SAID TO BE DISABLED Toklo Hears Nnl Will Devote HI Time to lledaetloa af Land . Defenses of Russian Stronuhold. TOKIO. Dec. 12.-4 p. m.)-The com mander of the Japanese naval Innd battery, reporting today, say: Four Russian battleships, two crwlsera. one gunboat and one torpedo storvahip lyiiiR in Poll Arthur harbor are completely disabled. There Is no further necosxlly for bombarding the Ku.slnn naval force. Are now engnaed shelling the town of Port Arthur, which I being heavily dan aged." Dispatches received today from th Japanese army besieging Tort Arthur re port that the Interior of the fortre was bombarded with heavy guna yesterday, seriously dnniagir.g the battleship Poltava, the transport Amur and the wireless tele graph station at the foot of Golden hill, and that the arsenal waa set on fire. A dispatch from the headquarters ot th Japanese army In Manchuria says; At 2 In the morning of the 11th a body of Infantry of the enemy attacked Peltai tozu, but at dawn was completely repulsed northward. In the afternoon of December 11 th enemy's artillery, holding a portion west of Manpao mountain, opened a cannonade ng.tlnst Yaotuu and Tungchtapaotsu, and the enemy's artillery, posted west of Da mountain. shelled Butsaowa, Neither caused damage. Mamavbclh, on the right bank of the Hun river, was attacked by the enemy'a cavalry. The Russlana were driven westwurd. losing a number of men. The Japanesee sustained no casualties. Arsenal nt Port Arthur on Fire. WASHINGTON, Dec. 12 Th Japanese legation haa received the following tele gram from Toklo: The Port Arthur army r ports that Its bombardment hns Inflicted considerable damage upon Golden hill and also set the ajsenall at Port Arthur on lire. . Japanese Attack Repulsed. MUKDEN, Dec. 12. On Friday night th Japanese several times attacked tha trenches of the Russian right, but they were repulsed. Movement of Russian Ship. SUDA BAY, Island of Crete, Dec. 12. Th Russian cruisers Oleg and Dnieper and th torpedo boat destroyer Gronzy arrived her during the night. CAPE TOWN, Cape Colony, Dec. lt-The Russian hospital ship Orel arrived her to day to take in eupplloa. Two large Russian . warships rssed ('ape Point this morning, Damaare Telegraph Station. LONDON, Dec. 12. -A dlspateh to tha Japanese legation from Toklo today says the bombardment of Port Arthur Sunday considerably damaged tha wireless tele graph station at the foot of Golden hill and set fire to the arsenal. Russians I's ArtlllarT, GENERAL OKU'S HEADQUARTERS, via Fusan, Sunday, Dec. 11 (Delayed in Transmission.) The Russian along th front 'of General Oku's army ar continu ing artillery Are day and night. The Japa nese are not replying. A Russian move southward Is not anticipated immediately. The Rurslan plan for a winter campaign has not developed. Last night the thermometer reached T degrees below zero, which Is unusually cold for December. The Japanese preparations for tha winter are practically completed. COURT DENIES A REHEARING St. Louis Men Convicted of Naturalisa tion Frauds May Now Appeal. ST. LOUIS, Dec. 12. The refusal today of the United States circuit court of ap peals before whom arguments in the case were made at St. Paul, to grant a new hearing to Thomaa E. Barrett, John P. Dolan and Frank E. Gurfelt, conviclted In the United States district court of St Louis of naturalization frauds, is mad public here. It la expecte that the de fendants will carry the case to the Unitad Statt supreme court by habeas corpui pro ceudinga or a writ ot certeroraii. Dolan and Garrett ' were convicted No vember 1, 1903, und Barrett was convicted December 6 following. Each waa sentenced to pay a line of $1,000 and to imprisonment in the Mlsaourl penitentiary for five years. The petition for a rehearing alleged er rors In the trial. The ' decision of th court of appeals sustains the district court. Barrett was formerly marshal of th Bt. Louis court of appeals, Dolan waa formerly chairman of the y democratic city central commltee and Garrett wa a patrolman. The evidence was to the effect that bogus naturalization paper, secured through Barrett, were sent by Dolan with Garrett us Intermediary to John Barbaglla for dis tribution among foreign residents of Ot Louis. ' ASKS RECEIVER FOR RAILROAD Btnte of Indiana Mae the Vsndalls for Three Million Dollars. INDIANAPOLIS, Dec. If. In connectloa with the reopening of the suit for $3,000,0x brought by t l.e state through former At torney General Ketcham against the Van dalla railroad Mr. Ketcham filed an appli cation for a receiver for the road and asked for an Injunction to prohibit the proposed merger of the Terra Haute Indianapolis, St. Louis, Vundalla & Terre Haute, In dianapolis & Vlncennes, Logansport Sl To ledo, and Terre Haute A Logansport rail road companies, all of which are at preaent controlled by the Pennsylvania system. Mr. Ketcham in his suit claimed tho Terr Haute & Indianapolis and the Bt. Louis, Vandalla & Terre Haute railroad com panies were alone aolvent of the five com panies propoaed to he merged, and the ef fect of the proposed merger would be to make the merged line Insolvent. He asked that the meeting of the stockholder of th Vaudoliu. which Is to be held at Terre Huute Wednesday, be enjoined from com pleting the formalities necessury to com plete the merger. Judge Carter today de cided that the hearing will not be held be fore Wednesday und therefore the merger will not he interfered with. The hearing of th application for a receiver wlU aoiaa up some Urn af Ur Wednesday.