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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 10, 1905)
t The Omaha Daily Bee. THE BEE IS THE PREFERRED ADVER. TISING MEDIUM IS ITS TERRITORY FOR A CHARACTERISTICALLY WEST ERN NEWSPAPER READ THE BEE SINGLE COPY THREE CENTS. DMAIIA, TUESDAY MORNING, JANUARY 10, 190.TEN PAGES. ESTAHLIHIIEI) JUNE 19, 1871. BEEF TRUST CASE Chug of Conspiracy Againrt Packari Up Befare Federal Saareme Caurt. ARGUMENT OF ATTORNEY GENERAL MOODY Outliaea Methods Ha Eayi Ara TJm ta Manipulate Pncea. VALUE OF LIVE STOCK IS IEFRESSED layer Ajrae to Kefrain from Bidding Agaiist Each Other. Its 1.. FIX 'UNIFORM PRICES F0R FRESH Colliiatoa In Curtailing- Shlpi That Tend to Maintain an K Urainil-Olhrr Device for Cartelling; Competition. , 9 WASHINGTON, Jan. 9. Attorney -n-eral Moody resumed hta srgument Je half of the government before the nutmii court of the United States In the case of Swift and Company ugalnst the Vn'te1 States, commonly known as the Beef trust case, begun Inst Friday. Moody aald none of the agreements or act complained of related to manufacture or production, but to commerce commerce as distinguished from manufacture or production. They do not accomplish fusion of property Interests, he said, but are, on the contrary, simply agreements between strangers to each other's business affect ing: their freedom of action In certain re spects, and by that consideration the case at bar Is shown to be devoid of those features from which differences of opinion arose in the Northern Securities case. He alao pointed out differences between this and the Knight and Hopkins esses. Thus, ha said, the Inquiry Is narrowed down to only two questions for the determination of the court. Whether the com mere In the case was commerce among the states, and If ao whether the agreements constitute a mo nopoly or any part of It. Subjects of Agreement. Mr. Moody said it appears clearly In the petition that there were three main subjects upon which the defendants en tered Into agreement. Taking up the agreement alleged In par agraph six of the petition, Mr. Moody said that eliminating all the statements by which the pleader characterised the pur pose and effect of the agreement the fol lowing state of facts Is clearly shown: Persons owning live stock and living In other states and territories than those where the stock yards are situated were accustomed to send Such stock to the va rious stock yards named for the purpose of xale there. The defendants, who were severally engaged In the business of buy ing such live stock, for the purpose of slaughtering and converting It Into fresh meat, entered into an agreement with each other to refrain from bidding ugalnst each other, except probably, in the pursuance of sue I' live stock, with the purpose and result. Mt- suppressing all competition Id such aurchusea. ' Aa to Place of Dealing. An agreement having been thus clearly alleged he said the question arose aa to whether the agreement relates to interstate commerce and proceeded to argue that proposition, saying that the same sort of bargain Is made for cattle produced and owned within the state of sale as for cattle produced and owned m another state and sent to the "locus" of the transaction for the purpose of sale there. The Interstate character of the transaction, he said, where an owner of a commodity living In one state whips It to another, continues from the beginning of the shipment to and in cluding the sale of the commodity. If It has not lost Its identity by the breaking of the original package in which it had been Imported. What is Interstate Commerce f Mr. Moody cited numerous decisions as to what constituted an Interstate commerce and on original package, quoting from one opinion of the court, and said It was clearly eatabllshed by the case in point that the aiile by the owner or hla agent of com- modifies Imported or to be Imported from another state to the place of sale In the original package is an act of Interstate commeroe and the owner, or his agent, tak ing part aa vendor, la engaged in transact tn7 Interstate commerce. He thought it In evitably followed that those who take part in the act as vendors also are engaged In Interstate commerce. Continuing, he said: It Is considered that the unloading of the cattle from the cars in which they ara transported and their disposition in the va rious pens In the stock yards constitute a breaking of the. original package and a commingling of the property with the do mestla property of the state, to such an extent tliul the purchase and sale of them are domestic commerce. It Is difficult to treat this situation properly. Tf the origi nal package conception has any relevancy to this discussion, surely It must be that the packages which nature Itself has made are the original packages. The two parties to the transaction, the buver and the seller, when they agree upon the contract of sale, are effecting an inter state transaction. When all. or substantially all. of the buyers In this interstate market enter into an agreement with respect to their conduct In making purchases, the agreement thus enteved Into relates to interstate commerce, Effect of Cong-resslonul Inaction. The further question arises, said Mr. Moody, whether such an agreement aff.cls Interstate commerce either by way of direct restraint upon it or by Its tendency to monopolize It. Arguing on this question, Mr. Moody said It Would be a useless parade of learning to offer to the attention of the court the long im- ei decisions, declaring- that the silence of congress upon the subject of Interstate commeroe la In effect a dcalaratlon that It shall be free and untrainmeled, and re ferring to tho act of lfc'JO rn,-ulatlng inter state commerce, says he knows of no other act which restrains the freedom of the in dividual to conduct interstate commerce ac cording to his own discretion and choice. It follows, he aald, that the conduct of the defendanta set forth In paragraph la en tirely within their rights, unless it consti tutes a contract, combination or conspiracy lu restraint of trade or a monopolization or attempt to monopolize any part of such oororuerce. He then proceeded to the con sideration of the meaning of the prohibition of the statutes and what is restraint of trade. Having cited certain species of contract which he did not believe should be held to be within tho prohibition of the Interstate commerce act, Mr. Moody says: liul each age has its own evils, and there has come into view in mure modern times another kind of contract whkh, unfurl u rately, 1 venture to say, has been also called a contract In restraint of trade. Al though there are some reNemblancea be twen Hut kind uf contrail and the one which I havu Just described, nevertheless there Is au esoentlai distinction between ibm. This kind of contract Is not mails as ancillary on collateral to any other con ' tract between the parlies, but, on the cthor ail d. IS the main subject uf agreement be- (CouUnuad on Third Page.) NORTH SEA JOAfiu MEETING Admiral Fournler Chosen President of Body Investigate Dos;, ger Bank Affair. PARIS. Jan. . The International com mission apnplnted to inquire Into the North sea Incident resumed Its sessions nt the Foreign office today. Admirals von Spaun (Austria) and Baubassoff (Russia! were prfstnt. The lattet's appointment was offi cially announced, thus making permanent Admiral Kaznakoff's retirement on account of Illness. Admiral Fournler (France) was unanimously chosen permanent president. In the course of his speeoh of acceptance Admiral Fournler said he hoped the com mission would be Inspired with the same moderation and wisdom which Induced Em peror Nicholas and King Edward 10 refer the question to arbitration. M. W1TTK AS It K ACTIOS All Y Former Minister ald to Oppose Plan of ftvlatlopolk-Mlrsky. BT. PETERHHIKO, Jan. 5.-M. Wltte as interior minister, Svlntopolk-Mirsky's suc cessor, and holding a position In the coun cils of Emperor Nicholas approaching General Ixirls Mellkoff s during the try ing nihilistic days of Alexander II., may be one of the ntartUtis; results of the contest waging over the question over In terior reforms. The popular Idea has been that Prince Svlatopolk-Mlrsky and M. Wltte were acting In hurmony in this matter, but the Associated Press learns from the highest source that exactly the opposite Is the fart. They can more properly be describee? as rivals and oppo nents than as friends. ' Despite the diffi culty of Minister Svlatopolk-Mlrsky's role since he nsaumed office, owing to the powerful Influences nrrnyed against him, he has been able to hold his own with continued marks of the emperor's confi dence and approval. With M. Wltte's ad vent upon the scene, however,, the situa tion changed. Prince Svlatopolk-Mlrsky stuck manfully by his guns defending the policy on which he accepted office, but he found M. Wltte antagonizing the very principles which he considered vital, thus rallying his opponent cn his side and the prince found the ground slipping from un der him. M. Wltte prevailed In the matter of the Imperial manifesto, the hazy terms of which did not meet with Prince Svlatopolk-Mlrsky's views. According to the latter's friends the contest was resumed Immediately upon tho convening of the committee of ministers, the prince find ing M. Wltte opposed to the proposition to Invite, In a consultative capacity, the various classes Interested In the reforms. The prince's friends believe M. Wltte at heart would go further than the former, but that It suits his present purpose to adopt a more conservative attitude until all the reins of power are firmly in his own hands. I'nder the circumstances the prince, whose health Is really greatly im paired and who Is a plain spoken man, unschooled In the art of Intrigue, feels himself unequal to the tank of continuing the contest and has confided to his friends within twenty-four hours that he prefers to retire. Whether he has actually ten dered hla resignation the Associated Press Is not In a position to say. but that it may come any minute is certain. LOUSE MICHEL DIF.S IN FRANCE Revolutionary Agitator Snccnmbs to Attack of Double Pneumonia. PARIS, Jan. 8 Louise Michel, prominent as a communist and revolutionary agitator for the last thirty-five years, died today In Marseilles, aged 76 years. Death fu'lowed an attack of double pneu monia, contracted while Mile. Michel wason a returning tour of the southern provinces of France. Louise Michel drat came Into prominence during the Franco-Prussian war when she I Joined an ambuiunce corps and took part through letter from Mel Uhl of the News, in the defense of Paris, later siding with who requested the department to let the the commune and voting the burning of I Des Moines News weigh matter in the same Paris to prevent the entry of the Ver- I manner as In Omaha. It was the first time sullies troops. Bhe was arrested and tried j tho department had any knowledge seem for treason and sentenced to transporta- ' Ingly that the Omaha newspapers were tlon to New Caledonia, where she remained until 1880, when she was allowed to re turn to Paris under an amnesty act. . Three years later she was again lm- i prisoned for three years for her activity in communlat movements. She then removed to England, where she continued her advo- cacy of communistic and anarchistic doo- trlnes. NO HOPE FOR FILIPINO SHIP Crevr and Passengers of Schooner Lea-asp! Believed to Be Lost. MANILA, Jan. 9. The owners of the Iron screw, three-masted schooner Legazpl have glven up all hope of the vessel, which probably foundered in the China sea. The Legazpl carried seven passengers and had a crew of sixty Filipinos. Its captain was a Spaniard and Its first officer an American. The British steamer Nunshan has re turned here after an unsuccessful search for the Legazpl, A British gunboat from Hong Knuig is still searching for it. The legazpl was owned by In bad at Co. of Ma nila. It was of 810 tons. CHRISTIANS FIGHT AT BETHLEHEM Latin Monks Interfere with Greeks aad Moslem Ruler Quells Blot. JERUSALEM, Jan. 0. The Greek Christ mas observances In the Grotto of the Na tivity at Bethlehem were marked by a sharp tight between, Greek and I-itln clergy, aris ing from the old-time Jealousy regarding protection of the Grotto. The Greek patriarch was celebrating mid night mass, when Franciscan monks created a disturbance. A collltlon ensued, result- Ing In some bloodshed. The governor had to be summoned to quell the rioting American Is Honored. PARIS, Jan. 9. -The Foreign office an nounces the appointments to the Legion of Honor of Maurice de Kominskl, agent of the French Transatlantic Steamship com pany at Chicago, Mr. Pintard, president of the French Benevolent society of Philadel phia, and Charles H. Stelnway, senior mem ber of the New York Arm of Sleinway 6 Sons. Damaged Steamer Reports. LONDON. Jan. 9. The Sunderland steamer Dlnnington, which collided off Ramsgats yesterday with the Belfast schooner Dispatch and which was believed to have sunk with its crew of ten men, ar rived safely In the Thames today. The Dispatch was towed into Ramsgaie. Killed by Faille Timber. ROUBA1X. B. D., Jan. .-(Spclal Tele- j gram.) jsear r miners, section loremnn on the Galena division of the Bitrtlntrvou ft Missouri, was Instantly killed this after noon at Ruubalx. He tu usilMing In unUVLdiag a car of mine timber for Hit Clover Leaf company, when u heavy tim ber without warnisig slid off tin- car. f:i'! Ing upon him and crushing his .i He was a married man and leaves a larji family living at Piedmont, B. D. OMAHA KEEPS INDIAN DEPIT Frieeds of Omaha and St. Louis Coahiaa ta Keep Both in the BilL AGENTS AT SOUTH iMntfTA RESERVATIONS Work Is to He lommenced on the Belle Fonrrhe Irrlaatlon Project Not Later Than the First of May. (From a Staff Correspondent.) WASHINGTON. Jan. 9-t8peclal Tele gram.) Representative Hlnshaw, after a strenuous fight, has been able to hold the Indian supply depot at Omaha in the In dian appropriation bill, which the Indian committee completed this evening. The ap propriation for the depot, however. Is cut to I7.0U0, which about covers the expenses of the office as shown In past years. The sub-committee having the Indian bill In charge knocked out the Indian depots at Omaha and St. Louis, but through com bination with southern representatives, Congressman Hlnshaw succeeded In holding the Omaha and St. Louis depots In the bill, although the depots were antagonized by Chairman Sherman and Representative Curtis of Kansas. Marshall of North Da kota and Lacey of Iowa. Former Commis sioner of Indian Affairs Jones recommended the discontinuance of the Omaha depot, but Hlnshaw held the item at the reduced ap propriation. Indian Agents May. Congressman Burke, by the hardest kind of fighting, Induced the Indian committee of the house this afternoon to retain the Indian agents at the Crow Creek, Lower Brule, Slsseton and Yankton agencies. Commissioner Jones recommended In a long letter to the Indian committee that the agents at these reservations be dropped and bonded school superintendents be substi tuted. The sub-committee having the In dian appropriation bill In charge not only cut out theso four agencies, but also knocked out an appropriation of $10,000 for the Indian Insane asylum at Canton. Repre sentative Hurke and the South Dakota dele gation, realizing that It would take the most earnest efforts, put back these Items In the bill and went to work. Strings were pulled and possibly some log-rolling was done, but after Mr. Burke's presentation of the reasons why agents should be continued at the above places, the full committee re stored them to the bill. In addition to these several Items Mr. Burke was successful in securing an appropriation of $26,000 for the new Indian school at Pierre, $3,600 to equip the laundry already constructed and $5,000 for a brick barn at Rapid City. Irrigation works a Go. The South Dakota delegation, with every member present! had a conference today with F. H. Newell, chief of the reclamation service, and Mr. Walter, who Is In charge of the irrigation work In South Dakota, regarding the Belle Fourche project. It was stated at this conference by the en gineers in charge that the Belle Fourche enterprise was good and that advertisements unking for bids would be published not later than February 1, work to comraenco April 1. This project la to cost $2.COU.000. New Postal Order. The Postoffice Department has Instructed the postmaster at Omaha to discontinue the practice of .permitting publishers to weigh newspapers at publication office In order to gain time so as to make afternoon trains and that instead the old way which has been in existence for fifteen years be substituted. Captain Palmer is ordered to send employes of the postofflce to the publication office of the three newspapeis affected and have them do the weighing. It is understood that this order affects ail dally newspapers of Omaha alike. The matter came to the department weighing mull In their offices without the presence of postal employes and con sequently they Issued an order of discon tinuance. Senator Millard, having his attention call' ad to the new orders, is making every effort j to have the old order restored aa there Is no allegation whatsoever that the weighing has been anything else but eminently fair. Rural free delivery carriers appointed: Nebraska Fontanelle, regular, Simon A. Grose; substitute, Ollnda Gross. Postmasters appointed: Ntbroska Mul len, Hooker county, John Kudrna, vice H. J. Lowe, resigned. Iowa Libertyville, Jef- i ferson county, Daniel W. Garber, vice Mrs. ) Clara Trout, resigned. Wants More Money for York. Representative Hlnshaw lias been labor ing with the public buildings and grounds committee to secure a larger appropriation for the public building at York. The sub committee having Nebraska in charge has given York $76,000 and Grand Island $126, 0U0 on the theory that Grand Island Is twice as large as York. Tills Mr. Hlnshaw is combatting and hopes to secure a larger appropriation for York when the bill reaches the house. House Against Rosebud Bill. Senator Gamble, In writing friends about the time In which settlement must be made upon the Rosebud reservation, states that while he has every reason to believe the bill will pass the senate, coupled as it la with like conditions for Devil's Lake, in North Dukota, says frankly that he does ! not "ea ay cIear t0 IU PaMSae ln tn House because or me oppusiuuu ui me Interior department as' well us many mem bers of the public lands committee. Chance for Alaska Bill. Senator Dietrich, In speaking of the bill which he Introduced today providing for a government board for Alasku to be con stituted of seven persons, three to be ap pointed by the president and three by elec tion by the people, together with the gov- ernor of Alaska, who shall be ex-offlclo presldent of the board, said that ha ex - (Continued on Second Page.) Real estate men as a rule "have to be shown." The Bee carries over 50 more real estate adver-, tismg than any other Omaha paper. I wonder why? CAPTAIN TELLS OF CEREMONY D. B. Mllllkrn In Dot bt aa to Whether He is Mar 'led or Slag e. CHICAGO. Jan. a.-cJptaln David U. Mil likn took the stand In fils own defense at the court-martial at Hurt Sheridan today and detailed how he and a Filipino girl after eight months of wooing In the town of Escalatite, Negros Island, P. I., were "illegally" married and how after a period of uncertainty whether he was married or not he participated In an Illegal" mar riage, only to find, according to his story, that his wife had been previously married to a native Filipino. This) complication of marital doubt In duced him, he says, on one occasion to re port f the War department he was unmar ried ar.d on another occasion to put an In terrogation point after the printed form "married or single." Despite doubt Mllliken asserted he made no attempt to conceal from the natives that he had "gone through a sort of ceremony and that he considered himself married." "Why did you not bring your family with you when you returned to the United States?" aked Lieutenant J. M. Kim brough; Judge advocate and prosecuting official. "Did not your wife and boy want to come?" "Every effort to induce them to come with me failed," he replied. "They didn't want to go so far away from home; her mother was so old and so feeble she needed her attention, so I left them there." The captain said he m t Reglna Batlsmo, his arrival in tho his interest in her ir regularly?" was 20 years old, soon after! islands In 1899 and that began at once. "Did you go to see h asked. "Yes, I went to see her frequently parents were aware of my attention, Her was his reply. "Did you Intend to marry her?" "Yos, I did. I made no secret of that. I .tried to get the consent of her parents, but could not because I was not of the same re ligious faith they were." NAN PATTERSON SERIOUSLY ILL Actress Accused of Murder of Caesar Young; Suffering; with Severe Case of Tonsllltls. - NEW YORK, Jan. 9.-Nan Patterson, who is awaiting a second trial on a charge of killing Caesar Y'oung, a wealtthV book maker and turfman, is 111 with tonsllltls In the Tombs prison. Her condition la regarded as serious. Since the last Jury ln her triul reported a disagreement more than two weeks ago. Miss Patterson has been In receipt of a large number of letters every day. In her mall today there waa a registered let ter from a man in Portland, Ore., enclos ing $25 with the request that she use tla money to purchase for herself a New Year token. The letter said Miss Patterson has many sympathizers in the west who be lieve her Innocent, and concluded, "If you need any more money, send the word." Miss Patterson gave the money to her father, saying: 'Take this and buy, mamma a present and teli hers! cjt tony I am not home with her." REJECT OVERTURE FOR UNION New York Presbytery Votes Against Merp;er,wlth Cumberland Pres. bytcrlan Church. NEW YORK. Jan. 9 The proposition to ,,nit the General Presbyterian church and the Cumberland church was discussed at length by the New York presbytery at the regular monthlyi meeting today. The overture of union which had come from the general assembly of the church had been referred to a committee of nine, which today reported adversely on the proposition by a vote of 8 to 1. The pres bytery had voted at a previous meeting against separate presbyteries for the col ored branch of the church which are main tained generally In tho district. Including the Cumberland church. The Rev. John B. Bevlns, for the commit tee to which the question of union had been referred, reported that inasmuch as union v ould make separate presbyteries necessaary, and as they had already voted against the latter, the overture of union should be rejected. BISHOP SPALDING IMPROVES Catholic Prelate Is Now Slowly Re gaining the i se of Ills Left Arm. PEORIA, 111., Jan. 9. The condition of Bishop John L. Spalding continues to im prove, though slowly. He passed a quiet night and when he awoke this morning said that he felt better than at nny time since the stroke of paralysis which at tacked him last Friday afternoon. Tonight his physicians, Drs. Spalding and Slevln, gave out the Information that the bishop had Improved steadily for the past twenty-four hours and thut they were hopeful for the best. His sleep has been natural and not induced by opiates. He Is slowly recovering the use of his left arm, but his lower limb Is en tirely useless. The doctors say the bishop Is not likely to recover the use of this limb. JUDGMENT AGAINST HARGIS Widow of James B. Marrum Awarded fM,4MH Damages for Assassins. tlon of Her llasband. LOUISVILLE. Ky.. Jan. 9 A special from Winchester. Ky.. says that the Jury ln the case of Abrella Marcum, who sued Judge James Hargls, former State Senator Alex Hargls. Sheriff Ed Callahan of Breathitt county, and Attorney Fulton French for alleged conspiracy with Curtis Jett and Thomas White to slay her hus band, James 1). Marcum, returned a ver- ! diet for $8,000 against James Hargls and Sheriff Callahan and found for the defend- ants in the case of French and Alex Hargis. WORKBC ON COMMITTEES Speakar Shuts Himsalf Up in Office and Grinds Away at Eia Task. NO ANNOUNCEMENTS UNTIL TONIGHT Loberk Comes Donn to Sec About the Rumor of a Cut In the Salary of the Omaha City Comptroller. (From a Staff Correspondent.) LINCOLN. Jan. 9 -(Special Trlegram Speaker Rouse announced positively to night that he would not have his com mittee appointments completed and ready for publication before tomorrow night. He has put in the entire day at this work and at a late hour tonight Is at his private office In the capltol building, working on his long list. The speaker has shut him self off from willing advisers, who would only too gladly assist him In performing this arduous task, but he prefers to do tho work Ujmself and thus fulfill the pledge he nfade to the house nt the out set that In the naming of his committees, ns In every other function of the office, he would in deed and in name be speaker. In the mind of the memhers the con test over chairman of the committee on cities and towns In the hous; certainly will go to Mike Lee of Omaha. This con clusion Is reached on the basis of Rouse's statement to the Douglas county members that when they got together on this mat lor ho r,nl,l be mldcd bv the will of the majority. The will of the majority is tr.ai the place be given to Mike I.ee. Muxcn was the other candidate. Mr. Rouse, how ever, will not consent to announce finally even this appointment or any other. In fact, until all arc ready for publication. Lobeek's Little Junket. City Comptroller Lobcck of Omaha paid a viBit to the capltol today and was mingling among the legislators in the hotel lobbies tonight. "I Just came down on a little private matter," said Mr. Lobeck ln the Llndell lobby. "It was Just tin years ago tonight, In this very spot, that I quit smoking, and I came here to celebrate that memorable event," he added. Naturally enough, all who know the bent of Mr. Lobeek's nature immediately were convinced that no other mission could have attracted him here. Seriously, however, he Insisted he had not come for the pro motion of any special .legislation relating to his office, though he admitted certain powers would be exercised,' he understood, to cut down the salary of the city comp troller from $3,000 u year to some figure not yet decided on. "And, too," he said, "I guess there is a little doubt but that the composition of the Board of Public Works will be altered by tills legislature, but I do not care so long as they give the board sufficient scope and latitude to accomplish what it ought to do." Many old legislators are in the city to night. Loomls of Dodge, the minority leader in the house two years ago, and Senator Pemberton, both of whom were active in framing the present revenue Ihw, are among the uumber. The legislature will reconvene at 2 p. m. tomorrow, having adjourned last Thursday afternoon Immediately after the Inaugural ceremonies. Many bills are ready for introdctlon, and It is under stood the hoppers of both houses will not be long ln filling up. The new measures are slow in sturtlng this year. Two years ago, on the second day, the senate intro duced thirteen bills. The majority of the members have re turned to the city. INDEPENDENTS ARE SURPRISED Action of "Trust" Distillers in Re ducing Basing Price Comes Without Wnrnlng. PEORIA, Jan. 9. Independent whisky men were somewhat nonplussed by the ac tion of the trust ln reducing the busing price from $1.23 to $1.23. Representatives of the three big independent houses in this city said this morning that they had not boon officially notified of the cut, but they supposed they would meet It. Colonel Kinslnger, manager of the trust properties In this city, said: "I don't see what else they can do except to meet the price." A conference of the independents will be held, at which some measures will be de vised to fight the trust. The Independents, after a hurried consul tation, decided to at once announce a re duction of 1 cent ln their basing price, which would make it $1.-3, instead of $1.24. They refused to recognize the last cut made by the trust from $1.24 to $1.23. but followed the cut announced this morning. The trust people declare that although the Independent basing price is published as 1 cent higher than that of the trust, yet their actual selling price Is the same. The action of the trust came as a sur prisi, as It was supposed that a sort of temporary truce had been patched up be tween the warring elements. DISCUSS DUKE'S AFFAIRS Son Would Have Marriage of Father ' Set Aside in New York. NEW YORK, Jan. . Lawyer John D. Lindsay announced today that Laurence Duke, run of brodlu I,. Duke, had Instructed him to begin an action for the annulment of Brodie L. Duke's marriage to tho former Miss Webb. Ho said: "I know of no criminal proceedings In the matter. We have placed all the facts In our possession In the hands of the dlxtrlct attorney and It Is for him to say whether r not any crlminul action will be taken." ' Mr. Lindsay said he knew nothing about a statement attributed to Mrs. Duke that an offer of $300,000 had been made to her on condition that she consent to annulment of her marriage. Bhe said she was confi dent no offer had been made. NEBRASKA WEATHER FORECAST Kalr aad Colder Tneadayi Wednesday Partly Clondy, now In Sooth Por tion. Warmer In North and Kaat Portions. Temprrature at Omaha Yesterday! Hour. Ilrt, Hour. Dec. S a. m H 1 p. in 7 O a. m H 2 p. m " 7 a. m 4 8 p. nt 1 H a. m 2 4 i. n 1 1 An. m 2 B p. m 11 lO a. m 2 p. nt It a. m 4 T p. m 12 m M p. m 9 p. m ACCUSED OF TWO MURDERS Man thnraed with Killing Ills Wife May Have Killed Another Woman. TEORIA. 111., Jan. 9 "I killed Birdio Hoffman, and If you ever tell I'll knock your head off." This Is the statement which John Hud son, an employe of a livery stable, told police officials this morning that Otis Rotts made to him four years ago, directly after the supposed suicide of the Hoffman girl, and by means of It and other direct evi dence the police department expect to con vict Botts both on tho chatge of murder ing his wife last Friday night and cf kill ing Miss Hoffman. Botts denied the charge, but the officials are confident that they will convict him on both charges of murder. The Hoffman murder occurred four years ago and caused much excite ment In this vicinity. Botts, who was with the girl, was suspected, but he hid evidences of the crime so thoroughly that the coroner's Jury returnd a verdict of sulci da. The Jury In the Belts case has not re turned a verdict. BRICKLAYERS ARE MEETING Convention of International Inlon Holds Thlrty-Mnth Annus! Ses sion at Snn Francisco. SAN FRANCISCO, Jan. ..-About 2G5 delegates of the Bricklayers' end Masons' International Union of America have ai rlved here from the east' to attend the thirty-ninth annual convention, which opens today in this city, to remain In de liberation for two weeks. It Is the first International convention of the organiza tion west of the Missouri river and a great deal of Interest Is attached to Its success by members of the craft throughout the I'nltod States and Canada. The organization has fully RO.OOO members, of whom 66,000 are in good standing and the remainder Is made up of a traveling contingent, whose members are constantly on the move. Among the delegates who arrived were the following officers of the international union: President W. J. Bowen, First Vice President Thomas Preece, Treasurer William Murray and Secretary William Dobson. BASE BALL PLAYER KILLED Ralph C. Roberts of the Illinois I'nl Terslty Team Meets Death ' ' ' In' Wreck. I'RBANA, 111., Jan. !. Ralph C. Rob erts of Keokuk, la., captain of the Uni versity of Illinois Base Ball team, was killed and several sludents, who were pas sengers, were slightly Injured in a wreck on the Cleveland, Columbus, Cincinnati & Bt. Louis railroad at Rising, five miles west of here, late this afternoon. The wreck was caused by a dining car of the train leaving the track. None of the injured are seriously hurt Roberts was standing on the steps preparing to Jump and was thrown under the wheels. 4 He was mangled and lived but a few min utes. His body was brought here and his parents notified. He wns returning to the university from his home at Keokuk. He was an athlete, popular In the uni versity and a member of the Kappa Sigma fraternity. BIG RUSH AT SAVINGS BANK Klaht Policemen Called to Preserve Order Anions; Waiting: Deposit, ors at New York Institution. NEW YORK, Jan. 9. New Year resolu tions and an advance from C4s to 4 per cent In the Interest rate have resulted in nn un precedented rush to deposit money ln some of the larger savings banks ln this city. The rush reached its height today when It became necessary to call eight policemen to preserve order among the gi ?at crowd waiting ut one or tne big banks to deposit their savings. The number of persons who called at the receiving teller's window In this bank today was considerably more than 4,000. Some stood In line all day, from the time the bank opened at 10 o'clock this morning until It closed at 3 o'clock thjs afternoon. Tomorrow, January 10, Is the last day upon which deposits may be made to draw Interest during the first quarter of the year. 0LATHE, KANIS BURNING Illase In the lluslness Section Beyond ControlAid Sent from Km. as City. KANSAS CITY. Mo., Jan. lO.-The busi ness section of Olatha, Kansas, twenty miles south of Kansas City Is burning, a special train Is about to start from this i city with firemen and engines, In response to an appeul for help. Telephone ana telegraph communication wus cut off after the breaking out of the fire. Olathe Is a thriving city with 10,000 In habitants and substantial store building. The loss, as the fire seems to be beyonn control of the local officials, may be several hundred thousand dollars. genator Clarke Henomluated. CHEYENNE, Wyo., Jan. . At a Joint caucus of the republican members of the house and senate, Clarence D. Clarke was unanimously chosen to receive the republi can nomination for the United States sen ate, to succeed himself. The caucus nom ination is equivalent to an election. - Movements of Ocean Vessels Jan. II, At Nw York Arrived: Zeeland, from Antwerp; Republic, from Genoa. At Plymouth Arrived: Kaiser Wllhelm der Grosse, from New York. At Bologne Balled: Ryndam, for New York; Pennsylvania, for New York. At Dover Arrived: Vaderland, from Ne-v York. At Singapore Arrived: Deucalion, from Tacomu via Yokohama, for Liverpool. At Colombo Arrived: Tydeus. from lon dun At London Arrived: Minuetonka, from New York. At Movllle Arrived: Ionian, from St. John. N. H. At Cherbourg Arrived: Wllhelm der Gross, from New Vork. At Gibraltar Hailed: Kunig Alliert, for New York. NEWS FOR STOESSEL Bauiaa ommnaer Sarpfiaed ta Learn of Fight at tha Shakha Rirer. THOUGHT K0UR0PATKIN WAS NEAR HIM Cbinesa Told Him Russian Force Waa Olota to Port Arthur. N9W HAS NO USE FOR SECOND SQUADRON Surrender of 8trongho)d Makes More (hipa UDnecessar at Freaeat. DEFEATED OFFICER TALKS OF JAPANESE Speaks of Pleasure He Found with Islanders on Esprdltlon to Peking Darin a Boier J., 1 prising. HEADQUARTERS JAPANESF1 THIRD ARM V AT l OU C AKTHL It, Jan. 7. Via Tien Tsin, Jan. 9. Captain Tsunoda. the Japanese staff olllcel ho was sent to Port Arthur to Inform General btoessel of tho concerns ui ii.e message of the cmreror of Julmn, sating that the garrison should be titalcd with the greatest consideration, suys: ' General Slocssrl's first inquiry was about the whcieabould of General Kuuropatkiu. 1 suld 1 did not know exactly, J)Ul under stood he was some where about Mukden. "General Stuesscl remarked that he had last heard from General Ivouropatkin Oc tober 6, saying he would come to relieve port Arthur soon. General Stoessel udded thut he had sent out Chinese spies, who re turned and reported that Goenral Kouro patkln, with a relieving army, was at Kln chou, twenty miles north of Port Arthur. General Stoessel wus plainly incredulous ut my statement, that General Kouropatkln had been defeated and driven back towards Mukden, so I produced maps, showed him thu position of the two armies near the Sliakhe river and gave Stoessel details ot Kouropatkin's defeat with the loss of 60, to U0.UU0 men, at which the Russian general expressed amazement and quickly remark that he hud been misled. "General Stoessel then asked where the Baltic fleet was and I told him that sonio of the ships had not passed tha Cape ot Good Hope. No I se for Hojest vensky. "With a hopeless expression General Stoessel i.alil: " 'Now that Port Arthur bus fallen there Is no use for (he fleet coming uny further.' "I then asked General Stoessel what had caused the must damage to the garrison during the siege and he replied: " 'Your eleven-inch Howitzers. After they arrived our defensive works became use less.' "General Btoessel then pointed out that he and Admiral Alexleff had been through the Boxer troublo and had seen the Japa nese army. General Stoesse: said he also had been associated with the Japanese Gen erals Yamaaifcrtl and Kukushlma at ' that time and expressed the opinion that tha Russlun-Japuneae forces had born the lion's share of the work. Since then he had a high idea of the organization and fighting qualities of the Japanese army. "The real cause of the war was. In Gen eral Stoesscl's opinion, the Ignorance of tho Russlun people of the fighting qualities of the Japanese. The first attack on Port Arthur ln February by the Japanese fleet wns u tremendous surprise. Tho forts, he explained, were only partly garrisoned by 2.000 troops. "At this point General Stoessel said he had always opposed the scheme of Gov ernor Sakharoff of port Dalny In spending money ln building up Tort Dnlny Instead of finishing the defenses of Port Arthur. Sak haroff. who was an engineer officer, died of dysentery during the siege. Praises Japan's Fighters. "Continuing, General Stoessel praised tha Ingenuity, pluck and patience of the Japa nese Infantry, especially in making siege parallels and trenches to the forts, "Referring to the artillery, General Stoessel said at first he did not think the artillery practice good, but he wns soon compelled to recognize how good It was. General Kondestenk and a colonel of engi neers (Irman), Oenerul Stoessel pointed out, were killed In North Kcekwan fort by a Japanese shell Just prior to the explosion of December 18. Genernl Stoessel felt their losses greatly ns Kondratenko was a clever engineer. "General Stoessel further snld he had served his emperor ln three wars and hao been thrice wounded, first ln the Russo Turkish war, second In the Boxer trouble, and third at Port Arthur. Now he felt that he had earned the right to return to Rus sia to live ln his old nge with his family. The general added that he was taking home with him five children of officer who had been killed during the siege. "After his conference with General Nogl, General Btoessel expressed gratification at meeting so pleasant a gentleman. He had not expected the considerate treatment accorded to him. General Nogl appeared to General Stoessel us an old friend rather than as the commander of an army which had forced him to surrender." KSTIMATE OP THE HI M AN LOSS Japanese Place Casualties of Enemy at Port Arthur nt iUMHH). TOKIO, Jun. 9. In well Informed circles it is estimate, that the original garrison of Port Arthur numbered about SH.000 to 40,000 men, Including sailors. It is believed that the Russian casualties at Port Arthur will total about Zf,000. Noon The Japanese, who express great admiration for General Fock and other officers for refusing parole and standing by the men of their army, are busily pre. paring to receive the Russian prisoners from Port Arthur. The first batch of 10.000 is expected to arrive at Mojl and Bhemonose shortly. After disinfection they will be sent to Kure and probably to Matsuyama, Nagoya, HlmeJI, Kioto, etc. The generals will be treated In the best possible manner. It is unlikely any of the prisoners will be brought to Tokjo. The Gazette announced today that tho Russians have delivered five survivors of the Third Japanese expedition to block tha entrance to Port Arthur harbor. Mine llsploslon at Port Arthur. LONDON, Jan. 10. The Dully Tclegrnph'a correspondent at Che Koo reports that the Japanese consul there has received news vt a disastrous mine explosion at Port Arthur. The same correspondent uofcrts that a iaigc portion of General Nogl's uriny has already U-n hurried north to Lluo Yung. Hounded Hussions n Naaasnkl, NAGASAKI, Jan. t (Noi n I ne thou sand wounded Russian prisoners of war from Port Arthur have arrived at Dairei bobplial. J